Legalisation of Gay Marriage in Australia

Same-sex marriage or more formally known as gay marriage, is the marriage between two people of the same sex. In Australia it’s illegal, marriage in Australia is “the voluntary union, entered into for life, of one man and one women to the exclusion of all others” (Marriage Act 1961). In some states in the USA it is legal for example Colorado, California and New York. In Australia same-sex couples have no access to marriage, civil unions or other federal relationship registration. Same sex couples can be recognised as de facto couples. Same-sex couples are prevented from marrying by the amendments to the Marriage Act 1961, passed in 2004 by the Howard Government, Labor party. However same-sex couples who are married in countries where same-sex is legal cannot divorce within Australia due to the same-sex marriage ban. At the federal level, in 2008 and 2009, there was a wide-ranging suite of reforms to provide equal entitlements and responsibilities for same-sex couples, This includes social security, employment, taxation and superannuation. Tony Abbott has traditionally opposed same-sex marriage, and in 2012 parliament had debates on the same-sex marriage bills, in the election campaign, Abbott reaffirmed that he would not support legislation to allow gay marraige.

It can be argued that marriage equality is the paramount issue for lesbian, gay, bisexual, transgender and intersex (LGBTI) in Australia, and worldwide. The push for marriage equality has been at the forefront of debate for many years, especially in Australia, where same-sex couples are still unable to marry under Australian law. Despite the recognition of same-sex matrimony in

“Gay rights have come a long way, but there’s more to do” by Greg Waters, Sydney Morning Herald (2018), outlines a national journey but also personal journey of the author. Waters highlights how as a nation, Australia has come so far since the 20th century in terms of gay rights, yet there is still more work that needs to be done, to ensure all discrimination stops. Waters uses evidence from 1972 to highlight how inhumanely gay people were treated, including being dismissed from employment for being gay and that protestors against these practices were not looked upon favourably . In 2018 however, a big win for gay rights was the legalisation of gay marriage in 2017. Yet, he argues there is still so far to go, as in 2018,

The last gay man to be arrested for sodomy was put away for 8 months in 1984, that was only 33 years ago. Anti-gay laws were only recently repealed between 1975-1997, the last start being Tasmania, which was essentially forced to by the rest of the country to change its outdated ways. Nineteen ninety bloody seven. People born in that year wouldn’t even be 21 yet. We still do not have same sex marriage in Australia. Same sex couples married overseas are recognised as married in most of our states, excluding the Northern Territory and Western Australia - which is appalling, an absolute embarrassment to our country. You won’t allow a couple in love to even be considered married if they had to go to another country to be wed. You know what the Northern Territory also refuses to allow? Same sex couples can’t adopt the children that straight couples couldn’t look after, so

Australia is a nation that is still not allowing the rights for same-sex couples to be able to marry each other. Since 2004 in Australia the gay community has been fighting for their rights to marry their partner. Over the years, there have been several attempts to rectify the situation and to legalise gay marriage. However, nothing has changed and most of the information regarding why gay marriage is still not legalised in Australia can be found in the Marriage Act 1961 (Cth).This Act states that “Marriage in Australia is the union of a man and a woman to the exclusion of all others”. This statement shows that if there is a marriage between the same sexes, it will be classed as void, as it would not be the union of a man and a woman. This

Who defines marriage? Recently, many lower courts say there is no legal evidence as to why homosexuals should not be allowed to marry. These lower courts realize the American principle of human rights. These laws and beliefs appear to be prejudice in the most direct way, rather than an undeniable reason of denying people their civil rights. Countries throughout the developed world have extended equal rights of marriage to same-sex couples. The first country to do so was Denmark in 1989. These countries were able to observe and document how legalizing gay marriage only made the institution of marriage stronger, both for heterosexuals and homosexuals. In 1993 Norway formed Registered Domestic Partnerships, and in 1996, Iceland formed Registered Cohabitations. Both of these legislations extended gay marriage.

Why not Australia? Australia is considered to be one of the most accepting country in the world. But why is homosexual marriage still illegal?

Nonetheless, gay marriages are still illegal is many states in the U.S.A. and only recently became legal to Canada. This shows a small step towards accepting homosexuality, but regardless of legal standards, many still view same-sex behaviour as deviant.

Gay marriage should be made legal because it is a human right and not a privilege. In 1950 interracial marriage was illegal, yet now modern society understands that it was a law that denied equal rights to couples who loved each other. This principle also applies to gay people because denying human rights to a specific section of society (i.e. the homosexual community) is discriminatory. (Infogr.am 2015). The section of same sex couples in Australia are also increasing annually by drastic levels (as shown in the graph in the appendix) and so it would be common sense to openly include gay couples in the law. (Australian Bureau of Statistics 2013).

1. Other countries (Denmark, Canada etc.) have legalized gay marriage. (Bidstrup, 2009) The United States prides itself on being the forefront and a leader in all things so they should be leading the way for gay marriage as well.

The issue of same sex marriage has been debated for many years. Recently, the Australian Coalition Party has been contemplating its stance on equal marriage rights. It has decided that members of the party will not be allowed a free vote on same sex marriage and at this point in time, the Government is firmly against the idea. However, many Australians believe that people should have equal rights regardless of how they are born. In fact, same sex couples should be allowed the right to marry.

In May 2013, a Gallup poll showed that 53% of Americans support same sex marriage (“Gay” 3). Same sex marriage has been legalized in 17 US States and the District of Columbia. 33 states have laws and or constitution amendments that ban the marriage of two people that share the same gender (5). Same sex marriage has been in a debate going on in our country for a while. By legalizing same sex marriage in all states, there will be an increase in adoptions, a financial increase and help the mental and physical appearance of thousands of Americans.

Same sex marriage within Australia is a highly contentious topical issue that has seen increasing importance over the past decade. People of the LGBTI community have faced great discrimination in the past with homosexuality being illegal and frowned upon from as early as 1901. South Australia legalised homosexual acts in 1975 with many other states following over the years. Same sex couples are now recognised in today’s society with them being classed as de facto relationships. While same-sex marriage has not yet been legalised, recent movements including the national postal survey, has seen great support for change.

During the first decade of the twenty first century, the first laws enabling same-sex marriage in modern times were enacted. Same-sex couples were allowed to marry by thirteen countries by several sub-state authorities, such as, parts of the US and Mexico and thirteen other countries, like, Sweden, Spain, Norway, Iceland, Canada, Belgium, South Africa, Portugal, Netherlands, France, Denmark, Brazil and Argentina. Both social and legal, the discrimination against homosexuals has been diminished in the last thirty years.

As a Muslim, in my opinion same sex marriage is not right and same sex marriage should not be legalized. Out of this statement comes the question: what is the purpose and meaning of marriage.