In what has been hailed as one of the most significant law reforms for the GLBTI community in Australian history, federal parliament passed the last of several pieces of legislation granting same sex couples legal equality.

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The Same Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 completes the omnibus reform which removes discrimination from almost 100 pieces of legislation covering superannuation, social security, immigration, Medicare, tax and family law.

The Family Law Amendment Bill, the first to be passed by the Senate, will recognise the female partner of the birth mother in an IVF arrangement as the legal parent of the child born to a lesbian couple. Amendments will also recognise the two parents, regardless of gender, in a surrogacy arrangement where a court order has been issued under a state or territory law.

Same-sex couples will now also have access to the federal Family Court in the event of a break-up to resolve financial and custodial disputes.

The Same Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 grants equality to same sex couples in relation to Commonwealth superannuation schemes.

There has been overwhelming praise for the passing of the Bills, which were modelled in response to the Australian Human Rights Commission’s 2007 report, Same-Sex: Same Entitlements report, which recommended changes to 58 pieces of legislation.

Human Rights Commissioner, Graeme Innes AM welcomed the reform.

“This is a historic day,” he said. “Removal of discrimination against same-sex couples from Commonwealth laws means that same-sex couples and their children will now be treated in exactly the same way as all other families.”

NSW Gay and lesbian Rights Lobby spokesperson Peter Johnson applauded the passing of the General Law Reform Bill and recognised the support of politicians across all parties.

“The Australian Senate has finally and firmly given its nod to equality for our relationships and families. Our partners and our children can look forward to equality in almost all areas of federal law, from taxation to health and aged care, from immigration to family law”, he said.

“We congratulate the Rudd Government for honouring its election commitment to gay, lesbian, bisexual and transgender Australians. We acknowledge the Coalition, Greens and Senator Xenophon whose principled and practical support helped ensure the passage of these reforms through the Senate,” he said.

However, some activists have warned there is still work to be done, in particular with respect to gay marriage. The Marriage Act, which stipulates marriage is between a man and a woman, remains unchanged.

“The job of tackling discrimination remains unfinished until there is a national law prohibiting sexuality discrimination, and until discrimination in marriage is removed,” Australian Coalition for Equality spokesperson, Corey Irlam said.

“We call for the Government to commit to a sexuality discrimination law in 2009, and for a serious national discussion on equality marriage.”

Activist group Get Up, which had joined gay rights groups in lobbying for reform, is celebrating the win by offering a free bumper sticker to supporters. The sticker reads: ‘I came out for equality’ and is available from its website.