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Legal Equality Edges Closer

A federal Bill designed to give GLBTI parents greater access to the Family Law Court looks set to be passed, as the Senate prepares to debate two other historic pieces of equality legislation.

Changes to the Family Law Act soon to be given a final vote by the Senate will allow heterosexual and same-sex couples access to the Family Law Courts on matters of property and maintenance, and will recognise children of co-mothers and co-fathers born to same-sex partners through IVF and surrogacy in federal law.

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The passage of the bill was held up by a wrangling over the terminology of the word ‘parent’, which the Opposition wanted to eschew in regard to same-sex families.

WA Senator Louise Pratt told the Senate: “The coalition’s desire not to treat same-sex couples like married couples stands to undermine the legitimacy of the parent-child relationships of all de facto couples, both same-sex and straight, who conceive as a result of artificial conception procedures.

“It (the Opposition) wants to say to same-sex couples: ‘… We can possibly manage to accept the reality that your children and all those who deal with them work on the assumption that you are parents. But we do not actually want to call you parents because we all know that really you are not parents – you are just pretending to be parents.”

It is understood Opposition leader Malcolm Turnbull made multiple phone calls to Coalition members and held a showdown in the Opposition party room to gain support for the issue.

Gay lobbyists were supportive of the bipartisan approach.

“We are pleased to see the level of commitment to these bills from the leader of the Opposition and the level of personal interest that he’s shown in the safe passage of these bills,” ACE spokesman Corey Irlam said.

Attorney General Robert McClelland said: “These reforms are long overdue. They will end current arrangements which place a huge administrative and financial burden on separating de facto couples.”

“Consistent with the Government’s policy, the legislation will not discriminate between opposite-sex and same-sex de facto couples. Nothing in the legislation will alter marriage laws.”

There are still two bills yet to reach the Senate for debate, the Superannuation Bill, and the General Law Reform Bill. Combined, these will change 81 pieces of legislation in areas such as superannuation, taxation, social security, Medicare, veteran’s affairs, workers’ compensation and educational assistance.

Irlam said these bills are due for debate from November 10 and urged the Senate to move quickly.

“We call on the Opposition to support the expeditious passage of these bills by not introducing unnecessary amendments. These Bills represent more than 10 years of lobbying and it would be disappointing to see it delayed until 2009,” he said.

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