Welcome to Australia in 2008 where same-sex relationships are treated equally! Start planning your wedding because gay marriage is coming to a suburb near you.
Okay, maybe not, but where does Australia stand in terms of legally recognising same-sex relationships, and what benefits are attached to this recognition?
At the moment, state and territory legislation includes the recognition of same-sex relationships to varying degrees in areas such as state superannuation schemes, wills, property division, workplace benefits, wills, and in WA, Tasmania, ACT (and hopefully this year, Victoria), parenting. The Northern Territory doesn’t recognize same sex relationships with regards to parenting.
The ACT was the first jurisdiction of Australia to provide de facto style recognition for same-sex relationships in 1994, while South Australia was the last in 2006. WA was the first to provide equality for same-sex de facto couples in all state laws.
In terms of the formal recognition of same-sex couple, Tasmania led the way by establishing a relationships registry in 2004. Soon after, registries were established by the Sydney and Melbourne City Councils. In Tassie, any two people, including same-sex couples, can immediately acquire virtually the same rights as married partners by signing a Deed of Relationship and registering it with the State Registry of Births, Deaths and Marriages. There is no official ceremony, but according to Tasmanian activist, Rodney Croome, many people have their own ceremony to mark the signing of the official papers. ‘Rather than mimic marriage, our scheme was designed to go beyond marriage by recognising the widest possible range of personal relationships,’ Rodney said.
The ACT attempted to introduce a civil unions with official ceremonies in May 2006, however the proposed legislation was blocked by the federal government, led by then Prime Minister, John Howard, on the basis that it was too much like marriage. The ACT has indicated its intention to re-introduce its legislation. While Prime Minister Rudd has said he won’t block it, he is also uneasy with the proposal and is seeking to negotiate an outcome which is less like same-sex marriage.
Federally, same-sex relationships do not fare well in terms of recognition. Recognition is limited to some immigration schemes, private superannuation lump sum death benefits, spousal witness immunity in anti-terror trials, and relocation and accommodation for employees in the Department of Foreign Affairs and Trade, the Australian Federal Police and the Australian Defence Force.
The Human Rights and Equal Opportunity Commission’s report, ‘Same-Sex, Same Entitlements’ found 58 other national laws which currently discriminate against same-sex couples and their families.
So, what is in store for us following the change of government?
Labor Party policy is for the removal of this discrimination through the recognition of same-sex de facto couples, but it draws the line at marriage.
Rodney Croome is confident Labor will act on its de facto commitment. But he has reservations.
‘The so called ‘Christian lobby’ is working hard to stop any recognition of same-sex couples with children. Recognition is not a foregone conclusion and the LGBT community should be preparing to take a stand for two-mum and two-dad families.’
Clearly, there is now a real possibility for real, if limited, change. But this will only happen if we are prepared to speak out for equality, justice, and for those we love.
Kelly Pilgrim-Byrne is a long-time activist for GLBT rights and families. Kelly and her partner Sam were Western Australia’s 2007 Pride patrons.
