Apocalypse vow

Ben Haywood

May 26, 2008

1. What happened?

Debate about how same-sex relationships should be recognised has achieved new momentum in recent months, with the new Labor Government announcing plans to amend 100 Commonwealth laws that discriminate against same-sex couples.

But in announcing the changes to areas such as superannuation, tax, health and employment, Attorney-General Robert McClelland (pictured below) ruled out changes to marriage laws.

Same-sex marriages are not legal in Australia and although many argue this is discriminatory, there remains strong Federal Government opposition to gay marriage.

While marriage law is a federal responsibility, some states and territories are moving to formally recognise same-sex relationships.

In Tasmania, same-sex couples can register a deed of relationship with the state's Registry of Births, Deaths and Marriages. Last year, the Victorian Government announced a similar plan here.

In the ACT, laws allowing civil unions between same-sex couples came into effect last week, amid criticism that they had been watered down. Originally the laws were to include a legal ceremony, but the Rudd Government objected, forcing the territory to drop the ceremony part. The Federal Government says it will not support legal ceremonies because they mimic marriage.

2. What is the opposition to same-sex marriage?

The Federal Government is opposed to same-sex marriage, or any scheme that includes a marriage-like legal ceremony.

Opponents of same-sex marriage argue that, by definition, a marriage can only be between a man and a woman. They say that to allow two people of the same sex to marry would degrade and undermine this age-old institution.

For many it is also about preserving the established family model. They are concerned that accepting gay marriage is another step towards encouraging gay parenting.

For others, opposition stems from their religious belief that homosexuality is immoral. They are opposed to any moves that legitimise relationships that they believe should be discouraged.

3. Is a ban discriminatory?

Supporters of same-sex marriage argue that any law that denies homosexual people the same rights as heterosexual people is discriminatory. But some gays and lesbians are not interested in same-sex marriage, seeing it as a heterosexual union.

Others are simply seeking the same rights and legal recognition of their committed and loving relationships as that afforded to people who can marry. Although the Government's legislation reforms aim to give same-sex couples the same rights as male-female couples, there is no national equivalent to marriage for gay people.

Others argue that it is not about excluding or discriminating against gay people, but simply preserving marriage as uniquely between partners of the opposite sex.

The Federal Government goes a step further, not only against gay marriage, but any scheme that is similar to marriage. It is happy for states and territories to recognise same-sex relationships, but not to create new legal relationships that are like marriage.

Earlier this month, California's Supreme Court ruled that its state's ban on gay marriage was unconstitutional. It found that reserving the term "marriage" for male-female relationships might deny equal respect and dignity to same-sex unions.

4. Recent headlines

"Tears of joy as California court ruling marks same-sex marriage milestone" The Age, May 17

"Rudd blasted over gay law" Herald Sun, May 6

"Gay rights a critical first step in ending discrimination" The Age, May 2

"Same sex must mean same rights" The Age, May 1

5. What The Age says

"Imagine being refused access to visit your dying lover in hospital because you were black or female. Or being denied the payout from your dead partner's pension, superannuation fund or workers' compensation scheme after a lifetime together because you had a disability. It may sound far-fetched, but for far too long similar injustices have been the reality for many in our community - merely on the grounds that they are gay. The Age applauds moves by the Rudd Government to end discrimination against gay couples in about 100 federal laws. But making these changes is the easy part of the gay rights debate. The much thornier challenge for our federal politicians lies in the next step: a push to grant legal recognition for gay relationships." Editorial opinion, The Age, May 2

6. What people say

"The claim that somehow gay marriage will damage heterosexual marriage is also outrageous. Rather, as a married woman approaching my 35th wedding anniversary, I see it as the highest possible compliment to the ideal marriage. Instead of making gay people pariahs, let's invite them to share in the wonderful, time-honoured benefits that a faithful, committed, publicly affirmed marriage can bestow." Muriel Porter, member of the Anglican General Synod, The Australian, May 6

"Marriage is between a man and a woman. It's not for 2% of the population to redefine a majority institution, particularly when it's so important an institution to a healthy society." Australian Christian Lobby chief Jim Wallace, Herald Sun, May 6

"It's embarrassing to me that a Labor Government would deny the human rights of gay and lesbian people in my community." ACT Chief Minister Jon Stanhope, Herald Sun, May 6

"(Same-sex couples) are rightly exasperated by the Government's failure to justify continued discrimination in marriage beyond declaring 'that's the way it's always been'. Slavery and denying women the vote were also hallowed traditions until fairness prevailed." Australian Coalition for Equality spokesman, Rodney Croome, The Age, May 1

"While we support a system of registration of same-sex relationships, we don't support an arrangement that mimics marriage. We're focusing on substance over form. We are removing discrimination from Commonwealth laws that have a real and practical impact on people in same-sex relationships." Attorney-General Robert McClelland, Australian Financial Review, May 1

7. Links

ACT Civil Partnerships Act 2008: http://www.legislation.act.gov.au/a/2008-14/

Attorney-General's department: ag.gov.au