Marriage Equality 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.

For Australian law to be effective it must be dynamic so it can reflect changing societal views, which law reform can help attain. A significant area of recent social change is the acceptance of same-sex relationships in Australian society. To mirror this, current law reforms have been somewhat effective in achieving just outcomes regarding the recognition of same-sex relationships in Commonwealth law. The combination of official recognition of same-sex relationships to an extent, attempts at removing discrimination in legislation, and the delay of justice denotes this. Considering the achievement of justice and the protection of individual’s rights, it is evident that law reform has significantly improved recognition of same-sex relationships, but there are more essential responses that need to be enacted.

Australian Marriage Equality is a national organization actively working to achieve ‘equal marriage for all consenting adults’ with the belief that an individuals’ sexuality ‘should not affect their legal rights and responsibilities under Australian marriage law’ (Australian Marriage Equality, 2014).

"When any society says that I cannot marry a certain person, that society has cut off a segment of my freedom." - Martin Luther King Jr, 1958. This provocative statement, in reference to interracial matrimony during the fight for black civil rights in America is unfortunately once again significant, however this time in reference to marriage equality in Australia. The failure of the law to allow all couples regardless of sex to marry, and furthermore refusal to acknowledge marriages conducted overseas, is a disgrace to the nation supposedly know as accepting of difference and intolerant to discrimination.

Under the Marriage Act 1961 (Cth), a marriage celebrated overseas is recognised in Australia dependent of certain basic conditions. Firstly, your marriage must have been legally recognised by the local Irish law at the time it was celebrated. Secondly, your marriage must not be a prohibited relationship under the Australian law, which includes marriage to an underage person or mentally incapable of consent, marriage between siblings or direct family descendants, and in cases of marriage consent obtained by duress or fraud. Moreover, you will be required to prove that either you or your wife are Australian citizens, domicile in Australia on a permanent basis, or ordinarily reside in Australia for a year immediately to the filing of the application.

“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 bill was drawn from the ballot on th 26th of July 2012. The bill proposed the amendment of section 2 of of the marriage act 1955 to read, “the union of two people regardless of their sex, sexual orientation, or gender identity” and introduce

The debate over whether to recognise same-sex marriage attracted the attention every Australia legislature. This debate that has been occurring for many years, however after the nation of Ireland legalised same sex marriage has influenced Australian legislature but have not pushed for anything. Grabbing the attention of the populace which they want same sex marriage to be legalised has been halted and delayed in their process by the government backed by a religious elites. This journal will provide arguments on both sides which will provide good information in the

In the past fifty years the movement towards homosextual-heterosextual equality has resulted in a change in the social attitude towards a discriminated minority. Despite this, many homosexual people still face discrimination today by both the state and society. The first act to end discrimination was in 1974 in South Australia, when

The LGBT community is a commonly defined as a community which contain lesbian, gay, bixsexual and transgender.

In the past few decades, the question of allowing for same-sex marriage is a recurring topic of controversy. In the houses of same-sex couples, the need for equal rights is of great importance. Currently, many states ban the marriage of same-sex couples and do not view a marriage between same-sex couples as an official marriage. These states quote the Constitutional definition of marriage as a union between a man and a woman. Therefore, with this definition, the marriage of a man and a man or a woman and a woman is unconstitutional. As of the issue date of this article, the Supreme Court had not made a national decision on same-sex marriage and the benefits entitled to that marriage. This CQ Researcher journal focuses on the topic of

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

The issue of whether or not gay marriage should be accepted in Australia has been largely debated in politics and among the general public for a while now, and it seems as though it will remain a continuous issue for some time to come. The majority of Australians are currently split over whether the traditional view of marriage being solely between a man and a woman should be preserved, or whether this view of marriage is out-dated and should be redefined in order to allow gays the right to marry. The Australian Labor Party was also divided on this issue at a recently held federal conference. In the opinion piece “Welcome, gays, to… what?” (published in the Herald Sun in December 2011), Wendy Tuohy contends in a supportive tone, that gay

A seventeen year-old student in Australia, has recently found himself caught in the slavery-like practice, majority of us have never heard of, let alone realised it existed. This practice is called ‘forced marriages’, a practice, in which one or more parties is married without fully consenting, as they have been coerced, threatened, deceived, or because they are incapable of understanding the nature of forced marriages. This male student, while in high school, developed a secret relationship with a female outside his community.

Same sex marriage is one of the most controversial trends that appear in the world today. In today’s society most of us are taught that a marriage should be a union between a man and a woman, as well as, same sex relationships being a sin because it is looked down upon by God. Despite the criticism of gay marriage many states such as Massachusetts, California, New York, and Oregon have made same sex marriage legal. In the fight for gay marriage political essay such as “Gay “Marriage”: Societal Suicide” by Charles Colson and “What’s Wrong with Gay Marriage?” by Kath Pollitt were inspired. In these essays both writers have different points of views, but they are also both very persuasive on what’s right and wrong with same sex marriage along