Marriage In Australia

Decent Essays
Marriage is something everyone is aware of. The idea of marriage was once a huge tradition thought to be ‘for ever’. The definition of marriage is enshrined in section 46 of the Marriage Act (1961) and defined as the union of a man and women to the exclusion of all others voluntarily entered into for life. This definition deliberately excludes homosexuals. Section 88EA stated ‘a union solemnised in a foreign country between (a) a man and another man, or (b) a woman and another woman, must not be recognised as a marriage in Australia’. Although couples had married overseas, the commonwealth was not willing to allow any degree of same-sex marriage to be valid within Australia. In the current legislation, the different level of treatment between…show more content…
They are that both people are at marriageable age (17), not within a prohibited relationship (e.g brother and sister, or any relation), not already married and genuinely consenting. If there is a same -sex couple and they satisfy these elements they will still be denied the right to marry in Australia. Although, in 2001 the Netherlands became the first country to legalize same-sex marriage followed by 13 more countries and 20 states of the USA in 2014. Australia is not one of them. Instead the Rudd Government passed the Same-Sex Relationships Acts (Equal Treatment in Commonwealth laws) and the family law amendment (Defacto Financial Matters and Other Measures) Acts on 2008 superannuation and general law…show more content…
The most widespread objection is that the union of a same-sex couple is immoral and unnatural and doesn’t add to the Christian understanding of a marriage. A Victorian man could only express his frustrations saying the inequalities embedded in current legislation are obvious and inexcusable. ‘understanding, tolerance and inclusion’ are said to be values of the Australian community. Current legislation tells another story. A gay doctor said ‘I am a first class taxpayer but a second class citizen’. The former US president Barak Obama made history when he told the ABC news “I think same-sex couples should be able to get married. Ask your friends and influencers to show their support for LGBTQ rights”. There was an increase in support for marriage equality since the federal election in July 2016. The latest essential poll showing strong national support at 62%.
In the case of the attorney General (Cth) V Kevin, the marriage between a male transsexual and his female spouse was declared valid. The judge said that it didn’t matter what sex you were when you born but that when you were married. The concept of ones sex identity has come into the limelight. In 2014, the ACT amended its Births and Deaths and Marriages Registration Act 1997 to allow a person’s sex identity other than as a male or female.
Get Access