Gay rights in Australia

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Gay rights in Australia are similar to several similar democracies. Homosexual sex is legal, people are generally very accepting, legislation exists against some forms of discrimination against gays, but same-sex relationships do not receive the same level of government recognition as de facto heterosexual relationships in federal law [1] PM to review same-sex couples' rights

Contents 1 History of activist groups 2 Gay rights in the last decade 3 See also 4 External links 5 References

[edit] History of activist groups

• An Australian arm of the Daughters of Bilitis, formed in 1969 in Melbourne, is considered Australia's first gay rights organisation.
• Society Five was a gay rights organisation formed in Melbourne in 1971.
• The Gay Teachers Group was a gay rights organisation started in the late 1970s.
• The Homosexual Law Reform Coalition was a gay rights group started in the late 1970s.

[edit] Gay rights in the last decade

• A law in Tasmania prohibiting homosexual sex was overturned by federal legislation in 1997 when the federal government passed the "Human Rights (Sexual Conduct) Act 1994 - Section 4" which cannot be applied between consensual adults {over 18} in private [2].
• The Marriage Act 1961 and the Family Law Act were amended in order to define marriage as a "union of a man and a woman to the exclusion of all others, voluntarily entered into for life". Amendments were also made to prevent the recognition in Australia of marriages conducted in other countries between a man and another man or a woman and another woman.
• Superannuation (tax-incentivised retirement funds) legislation recognised "interdependent relationships", which included same-sex relationships.
• The Australian Defence Force gave recognition to "interdependent relationships", which included same-sex relationships.^[3]
• In late 2005, John Howard ruled out same-sex civil unions under his government stating that "marriage is for men and women," and "That's why we amended the Marriage Act [in August 2004]." He went on to explain that Australia's culture is rooted in Judeo-Christian tradition. "I believe very strongly that marriage is exclusively a union for life of a man and a woman to the exclusion of others. That's the common understanding of marriage in the Judeo-Christian tradition, and I would be opposed to the recognition of civil unions." ^[4]
• The Australian Red Cross Blood Service bans blood donations from men who have had sex with men in the previous twelve months. The policy is currently before the Tasmanian Anti-Discrimination Commission. ^[5] For further information on blood screening at the Australian Red Cross Blood Service, see the section on infectious diseases in the article about that organisation.
• In 2006, Philip Ruddock blocked a gay Australian man from marrying in Europe. Ruddock refused to grant a gay man living in the Netherlands a 'Certificate of No Impediment to Marriage' document required by some European countries before marriage, to prove foreigners are in fact single. Under Ruddock's instructions, no such documents were to be released to gay and lesbians individuals intending to marry overseas [6]. The government made the statement, ""Following the advice of the Australian Attorney-General's Department we herewith certify that Australian law does not allow the issue of a Certificate of No Impediment to Marriage to persons wishing to enter into a same-sex marriage." He went on to say that he did not believe there was support for same-sex marriage.
• In 2006, during a lecture at the Sydney Institute, Peter Costello, when questioned about the government's decision not to legally recognise same sex partnerships, said, "I think we do recognise the rights of gay and lesbian people in Australia. We do not criminalise [their] conduct or behaviour." Costello said that his government was right in blocking legalized unions for gay couples because marriage should only apply to opposite-sex partnerships. He said gay partners have the right to access each other's pensions and that was about as far as the government was prepared to go. ^[7]
• In 2006, in the lead up to the Tasmanian State Election, Christian organisation Exclusive Brethren ran full page advertisements in various newspapers to criticise Tasmanian Greens's pro-Gay policies ^[8] such as same-sex marriage (as well as gay-adoption and fostering, something already partially recognised by Tasmanian law). Federal Treasurer, Peter Costello commented in relation to this that "There's nothing wrong with a person who has a religious belief exercising their democratic right ."^[9]
• Prime Minister John Howard has admitted to meeting with fundamentalist group The Exclusive Brethren, stating he had "met a lot more fanatical people in [his] life than [that group]." Howard explained the Brethren were "entitled to put their views to the Government," and went on to say that he had no problem with the fundamantalist sect.[10]
• Independent MP Andrew Olexander has attempted to introduce a private members bill into Victorian Parliament, in an effort to allow same-sex civil unions. [11]. However, Victorian Premier Steve Bracks has rebuked such suggestions, refusing to allow parliamentary counsel to draft the bill, saying he would block any move to have civil-unions or gay marriage debated in parliament. [12]
• Prime minister John Howard has publicly stated that he intends to veto the proposed ACT same sex civil marriage laws because he believes in "support[ing] the special and traditional place of marriage as a heterosexual union for life of a man and a woman in Australian society." In response, the ACT's Chief Minister Jon Stanhope accused John Howard of having no place for homosexuals. Howard has however denied this. [13]
• Leaders of the Australian Anglican Church have called for the removal of the proposed legislation, because "[They] believe this proposal actually threatens and compromises the traditional Christian view of marriage between a man and a woman." and that "We further believe the proposal to apply lesser age requirements for such civil unions is thoroughly unhelpful to young people in their developing years, and is therefore not in their best interests or the ultimate good of society as a whole." [14]
• South Australia passed "Domestic Partner" bill in both houses on 7 December 2006, the last state in Australia to provide domestic partnerships [15] [16].
• Civil Union laws passed in the Australian Capital Territory on 11 May 2006 [17]. Federal Attorney General Philip Ruddock announced that the Federal Government would advise the Governor-General to disallow the laws. [18]. The Australian Capital Territory allows civil partnership law to go ahead [19], [20] and in February 2007, Attorney General Phillip Ruddock announced that he did not approve of gay civil partnership and blocked laws in the ACT because he believes gays should not hold ceremonies on their partnership as it equates gay unions with heterosexual marriage. He stated that marriage was a "cultural institution" intended only to produce and raise children [21].
• Victoria - Commencing 2 April 2007, a relationship decleration programe will be avaliable for the City of Melbourne [22] [23]. Currently the law gives same-sex couples some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures [24], [25], [26], [27], [28] [29] [30].

[edit] See also

• Same-sex marriage in Australia
• Human rights in Australia
• Same-sex couples win equal rights
• Australian State Recognizes Same-Sex Couples
• New Bid To Pass Gay Partnership Bill In Australian Capital Territory
• Equal rights closer for ACT gay couples
• PM to review same-sex couples' rights

[edit] External links

• Parliament passes same-sex legislation
• Australian Lesbian and Gay Archives
• Queen City of the South Melbourne Queer History radio series
• Parliament passes same-sex legislation
• South Australia gays get new rights
• ACT govt makes new bid for gay couples
• Gay and Lesbian Rights Lobby
• South Australia Upper House passes bill for same-sex rights
• Lobby group welcomes plans to review gay rights
• Australian City To Launch Gay Partner Registry
• South Australia Parliament considers civil unions for gay couples
• Lets get equal!
• South Australia same-gender laws
• SA EQUALITY BILL PASSES AT LAST
• Howard to review discrimination of gays
• Welcome to Blaze Media
• Australian coalition for equality
• Gay and lesbian immigration task force
• South Australia the last state to provide domestic partnerships

[edit] References

1. ↑  "Extension of ADF conditions of service to ADF members in recognised interdependent relationships", Australian Defence Force bulletin, 2005-10-21. URL retrieved 2006-01-12.
2. ↑  No gay marriages: Howard
3. ↑  Gays test Red Cross blood ban
4. ↑  Health Matters Library HIV/AIDS
5. ↑  Female-to-Female Transmission of HIV CDC National AIDS Hotline Training Bulletin #139
6. ↑  Australian Red Cross Blood Donor Eligibility
7. ↑  Gay marriage comments 'appalling', Sydney Morning Herald web site, 2006-02-23.
8. Sinnes, G.R. Australia Encyclopedia of Homosexuality. Dynes, Wayne R. (ed.), Garland Publishing, 1990. pp. 93-97
9. ↑  "Church group challenged over 'negative' ads." The Age 2006-03-16. URL retrieved 2006-03-18.
10. ↑  "Liberals deny Brethren links." The Age 2006-03-16. URL retrieved 2006-03-18.