Marriage In Australia

Lobby groups such as Marriage Equality Australia and the NSW Gay and Lesbian Lobby Group were instrumental in securing equal rights for homosexual de facto couples, and are currently campaigns for the legislation of same sex marriage. Despite a galaxy polls show that 63% of Australians were in favour of same-sex marriage (‘Majority of Australia supports same-sex marriage’, January 201, SMH), the law has refused to acknowledge it, enacts the Marriage Act Amendment (2004) to stipulate the definition of marriage as being between a ‘man and a women’. However, former PM Kevin Rudd has acknowledged the movement of same-sex marriage, promising to enact it if he were to be re-elected (PM promises legislation of same-sex marriage, August 2013, SMH). As such, it can be seen that although the law has been slower in recognising same-sex marriage, it is still able to reflect contemporary societal values and issues, thus achieves a just outcome for those in same-sex relationships, protecting the individual rights to

Thus, the act can be unenforceable at times, as seen in the article, “Not so equal when it comes to super” (Star Observer, Lamont, Ani, 2008) That said, the act enables the protection of individuals’ rights to be free of discrimination on the basis of sexual preferences. Furthermore, it meets society’s needs to see equality amongst same sex relationships, which is evident in a survey concluding 72% of Sydney residents are in favour of gay marriage.

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.

This essay will be critically analyzing the social policy of same sex marriage using four Australian newspaper articles to demonstrate and examine how inequality through diversity and difference are present and experienced in the public domain. The essay will draw upon What ideological values and assumptions are present in both the newspaper articles and social policy?, What are the social justice concerns in relation to the current same sex policy?, concluding with a reflective component exploring where in relation to the social policy issue I am as a developing social worker.

The definition of marriage has changed over time. At the beginning of the nineteenth century, the United States defined marriage as a union between a consenting man and woman, of non-African decent (Stahlberg, 2008, p. 443). This, however, changed after the civil war. In 1868 two consenting adults of opposite gender could marry someone of the same race, but this was also restructured in 1967 to allow marriage of all consenting adults of opposite genders regardless of race (Stahlberg, 2008, p. 443). Today, the law looks very different. Recently, on June 26, 2015, the Supreme Court ruled that same-sex couples have the right to marriage (gay marriage, 2015).

Bill C-23 introduced by the government included the traditional definition of marriage, which was “the union of one man and one women to the exclusion of all others”. This legislation kept trans genders from full marriage rights. In 2005, the government released bill C-38, known as the Civil Marriage Act, which gave rights to same-sex couple to marry.

Equity and respect for others are two of the main values that are instantly presented to the audience. Wong makes it clear that they are two beliefs of hers that are not displayed frequently enough in Parliament, as if same sex couples were in a world where they were treated with a sense of egalitarianism and respect, then gay marriage would be unquestionably legalized. Improvement is also a prominent theme displayed by the author, who utilizes quotes such as ‘marriage equality is both necessary and overdue’ (Wong, 2016) and ‘gay and lesbian Australians can vote, serve in the military, represent our country on the sporting field, teach in our universities, preside as judges, staff our hospitals, and be a member of the federal cabinet. Yet we cannot marry the person we love’. (Wong, 2016) These two quotations are clear demonstrations of the author’s conviction that Australia can be undoubtedly improved with the introduction of new laws that allow citizens of all sexualities to

On May 23rd 2015, Ireland became one of the first few countries throughout the world to legalized gay marriage. Since this approval there has been new debate as to where Australia stands on same-sex marriage. The amount of same-sex couples in Australia increased by 32% from 2006 to 2011 and 70% of the Australian nation believe that Australia should allow the right to same-sex marriage. Before the Marriage Amendment Act 2004 by the Howard Government, there was no previous definition of Marriage in the 1961 Act and the definition was based on common law. The definition changed by the Howard Government in

Back in this time many Australians weren’t aware of the fight for same sex marriage and many strongly disagreed. However, now that America has passed the legislation in support of gay marriage, Australians now see this as a more achievable

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

Only recently, the Australian Government introduced reforms to de-facto relationships. This meant that same-sex couples are entitled to the same benefits and subject to the same obligations as opposite-sex couples (Property Relationships Act 1984 NSW). The legislation of Same-Sex Relationships (Equal Treatment in Commonwealth Laws- General Law Reform) Act 2008 removed discriminatory treatment of same-sex couples. These acts included laws about tax, superannuation, Medicare, workers compensations, employment entitlements and family law. Homosexuals are discriminated against in terms of marriage, donating blood and are also victims to abuse due to their status. A study conducted by the Victorian Gay and Lesbian Rights Lobby revealed that 84% of participants aged between 14 and 21 had been treated unfairly because of their sexuality and almost half had suffered verbal or physical abuse. With these inequalities present, it is difficult to achieve equality and fairness around this group. Although Australia proposes the ideal of egalitarianism, it is hard to justify whether it is present or not.

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.

Lately there has been a great deal of discussion over legalising same sex marriage. To some people; there is no problem with it. However this is a controversial matter and there is still a great deal of debate ongoing in some countries, including this one, whether homosexual couples should continue to be denied the rights that straight couples enjoy. There is no reason why homosexuals relationships should be differentiated in any way from heterosexual ones. Homosexuality isn 't a choice. Any intolerance in our society concerning something someone cannot control, where no harm is caused, is not only ludicrous but also a form of discrimination. There is

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

People look forward to the day where they can get married and start a family, not having that right can lower people’s self-esteem as they feel that they are not good enough to have that right. This can cause depression for many Australians which all members of Parliament vowed to protect. This unfulfilled promise lead Australia to believe they have the freedom to vote, and if 72% of Australia supports the idea of gay and lesbian marriage then, Australia must uphold its promise, to democracy and give