The Democrats believe people in same sex relationships should not be discriminated against because of their sexual preference.
In 2003, the Democrats re-introduced the Sexuality and Gender Identity Discrimination Bill, which attempted to give members of the GLBTI community equal access to, for example, superannuation benefits, income support and public service entitlements. Unfortunately the bill was unsuccessful.
Senator Stott Despoja has drafted a Private Member’s Bill, the Same Sex Marriages Bill 2006, which was introduced into Federal Parliament in June 2006. The bill aims to reverse the changes that were made in the Marriage Amendment Act 2004, which redefined marriage as a union entered into by one man and one woman only. This effectively stopped the ability of the courts to recognise marriages between two people of the same sex, particularly in cases where a legalised marriage had taken place in another country.
The Same Sex Marriages Bill will change this by legalising same sex marriages at a Federal level and removing this form of discrimination against people in same sex relationships, which will give them the same status and recognition of people in heterosexual marriages. The bill will allow the use of gender neutral language in the Marriage Act, and include a “to avoid doubt” clause, stating that nothing in the Act should be interpreted as preventing same sex marriages.
The bill will also allow for civil unions on the Federal level, which are also precluded by the 2004 changes, and can not be legislated for at the Federal level unless the prohibition on same-sex marriage is removed.
The Democrats plan to continue to fight this discrimination. This bill will be an important first step in eradicating intolerance towards people in same sex partnerships, however, more work will still need to be done to allow same sex couples to claim welfare together, adopt children from overseas, have equal access to IVF treatment and make decisions about their partner’s estate if they die without a will.
Download the Same-Sex Marriages Bill 2006 [pdf]
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