Tag Archives: marriage equality

Court rules out ACT’s marriage equality, conscience vote urged

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The Australian Marriage Equality (AME) is calling for a federal conscience vote following a High Court’s ruling on Thursday quashing the Australian Capital Territory’s (ACT) Marriage Equality Act.

ACT enacted a same sex marriage law in October, Australia’s first state ever to pass the highly-debated legislation; but the said court ruled out its validity. The state law did not meet the provisions under the Commonwealth Law.

AME Deputy Director Ivan Hinton-Teoh and Chris Hinton-Teoh are among the first couples who got married last week in Canberra. (Photo: AME)

Twenty-seven couples from the GLTB community tied the knot in Canberra last week hoping the court will uphold their vows.  The ruling dashed their honeymoon on Thursday.

AME is now pressing for a new legislation through a conscience vote. National Director Rodney Croome said in a press release today the federal government has indicated that it is possible to legislate a new law on marriage equality through a conscience vote. He said the possibility has been indicated by Liberal leader, Malcolm Turnbull.

A separate press release also said four Liberal state premiers support the federal Coalition’s conscience vote, including Barry O’Farrell (NSW), Denis Napthine (VIC), Colin Barnett (WA) and Campbell Newman (QLD). The press release said the premiers have all urged the federal parliament to deal with the issue.

Croome added “if Coalition leaders as conservative as Colin Barnett can see the importance of a marriage equality conscience vote, Tony Abbott has no excuses”.

“With four Liberal premiers telling Abbott that community attitudes are changing and a marriage equality conscience vote is a no-brainer he’d be unwise not to listen.”

AME Deputy Director Ivan Hinton-Teoh, who married his husband, Chris Hinton-Teoh, under the overturned ACT law, said that in the absence of a timetable for federal reform the states and territories should continue to endeavour to allow same-sex couples to marry.

The federal Labor Party allows a conscience vote on marriage equality. Prime Minister Tony Abbott has earlier said a Coalition conscience vote is a matter for the Coalition party room to decide.

 

Ashleigh Watson and Narell Majic who got married this week comfort each other after the High Court ruling. (Photo: AME)

 ACT Government

The ACT Government is disappointed with the ruling and pledged to re-legislate for civil unions but not same-sex marriage.

The High Court cannot uphold the ACT same sex marriage law as it lacks the validity of marriage defined under Commonwealth Law.

Marriage Act of 1961 provides provision for the union of man and woman. This provision defines marriage.

Today the High Court decided unanimously that the Marriage Equality (Same Sex) Act 2013, enacted by the Legislative Assembly for the Australian Capital Territory, cannot operate concurrently with the federal Marriage Act 1961. The Court held that the federal Parliament has power under the Australian Constitution to legislate with respect to same sex marriage, and that under the Constitution and federal law as it now stands, whether same sex marriage should be provided for by law is a matter for the federal Parliament.

The Court held that “marriage” in s 51(xxi) of the Constitution refers to a consensual union formed between natural persons in accordance with legally prescribed requirements which is not only a union the law recognises as intended to endure and be terminable only in accordance with law but also a union to which the law accords a status affecting and defining mutual rights and obligations. “Marriage” in s 51(xxi) includes a marriage between persons of the same sex.

The Marriage Act does not now provide for the formation or recognition of marriage between same sex couples. The Marriage Act provides that a marriage can be solemnised in Australia only between a man and a woman and that a union solemnised in a foreign country between a same sex couple must not be recognised as a marriage in Australia. That Act is a comprehensive and exhaustive statement of the law of marriage.

Because the ACT Act does not validly provide for the formation of same sex marriages, its provisions about the rights of parties to such marriages and the dissolution of such marriages cannot have separate operation and are also of no effect.

The Court held that the whole of the ACT Act is of no effect. Read HERE

State Legislations

Bills drafted on state levels should be worked out to meet the provision of the Commonwealth Law. Same-sex marriage bills have been tabled in five states but overturned. WA drafted the latest bill yesterday. At Federal level, same sex legislations have been scheduled for deliberations, but similarly voted down.

The GLTB believes the issue is now at a tipping point. It is just a matter of time while the concept of morality itself is radically shifting.

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Federal election: Gay marriage becomes a key issue

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Marriage equality is one among the priority issues in this year’s federal election scheduled on Sept. 7.

Prime Minister and Australian Labor Party (ALP) leader Kevin Rudd promised that a re-elected government under Labor will put forward a bill that will legalise marriage equality within 100 days. The declaration was made during a debate with Opposition Leader Tony Abbott at the National Press Club in Canberra last Sunday.

PM Kevin Rudd (top right) and Opposition Leader Tony Abbott (left) up for Sept federal poll.

The ALP has already launched a signature campaign, It’s time: Marriage Equality, to gather support. The party says Rudd needs a strong public endorsement to make what he has promised possible. The signature campaign is up and running with more than 7,000 supporters (as of press time) and counting.

Australian Marriage Equality, an advocacy group at the forefront of the issue, said marriage equality is of urgent concern among young voters. Showing a recent poll conducted by the Australian Institute, the group said the poll indicates that young voters see marriage equality as a “signature issue” that will strongly influence who they vote for. The group also warned that failure of Abbott or the Coalition MPs to make a conscience vote will not get the votes of young people.

The message to candidates is that support for marriage equality is the way to attract young voters….In particular, the message to Tony Abbott and the Coalition is that failure to allow Coalition MPs a conscience vote on marriage equality is driving away young voters.

Abbott, known for his conservative views on gays and lesbians, softened his stance during Sunday’s debate. The opposition leader announced he is supporting gay and lesbian rights.

Abbott, a former Catholic seminarian, has been vilified by his detractors as sexist and homophobic.

However, today he is under fire from various groups after a radio interview in which he said he would not be swayed on “fashion of the moment” issues.

This reinforces his old homophobic view. A few months ago Abbott gave an interview to News Limited Network in which admitted he would not allow a conscience vote on gay marriage while LP’s consistent position was against it.  “Coalition party policy is that marriage is between a man and a woman,” he was quoted as saying.

In a separate interview in 2010, Abbott was asked about his views on homosexuality in which he said, “I probably feel a bit threatened, as so many people do. It’s a fact of life.” He told ABC TV, “There is no doubt that (homosexuality) challenges, if you like, orthodox notions of the right order of things.”

The recent debate then questions Abbott’s sincerity on his election promises.

Rudd said church can keep its tradition, while gays and lesbians will find their way into the system.

Upcoming rallies to support marriage equality (Photo: Gay Marriage Rights in Australia)

The Greens have been supporting GLBTI rights issues (gay, lesbian, bisexual, transgender, intersex individuals). Senator Sarah Hanson-Young and Adam Bandt have bills before Parliament that seek to remove discrimination from the Marriage Act and give same-sex couples the right to marry. The bills, however, have faced tremendous challenge before the conservative majority.

The Greens’ LGBTI spokesperson, Senator Sarah Hanson-Young said if Kevin Rudd is genuine about marriage equality, he will need to work across the Parliament and convince all parties from across the political spectrum to work together to achieve marriage equality.

In a party statement, the Greens claims they have led the way on marriage equality and have long been ready and willing to work with all parties to achieve it. ”The Greens plan for a bill to be cosponsored by members of all three parties is the only way to overcome the political impasse and actually achieve equality,” the party said.

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“Flower Power” induces same-sex marriage bill

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Two private bills that will pave the way to legalising same-sex marriage in Australia have been introduced today, the ABC reported.

Labor MP Stephen Jones signalled he would introduce a private at the ALP’s conference in December. This will be the second bill following last week’s indication that Greens MP Adam Bandt and Tasmanian independent MP Andrew Wilkie would put forward a separate bill.

Same-sex supporters take the streets of Australia

This is a groundbreaking development on marriage equality in Australia following oppositions from the conservative religious and political groups. Edward Santow, chief executive of the Public Interest Advocacy Centre, also expressed apprehension of any proposed same-sex legislation saying it ”is bound to fail” if not thoroughly discussed in a forum or parliamentary inquiry, the Sydney Morning Herald in its Opinion page said.

However, few days before Valentine’s, same-sex activist group GetUp! urged supporters to mobilise a campaign to soften the hearts of the nation’s federal politicians.

Employing a romantic tactic to soften the hearts of parliament members, GetUp! in partnership with the Australian Marriage Equality, asked followers to send roses to their favourite MP to remind them to review same-sex marriage. “What better way to remind our political representatives of where we stand on Valentine’s Day than to spread some love, and show them that in matters of the heart, we’re united for equality?”

The group has intended to ”flood” the offices of political representatives with roses as a “reminder that Australians believe that two people who want to make a lifelong commitment deserve full and equal recognition before their family, friends and the law,” the group said.

Earlier today, 3000 roses arrived in the Parliament House in Canberra. Prime Minister Julia Gillard and Opposition Leader Tony Abott received 500 each, Nine News reported.

Supporter can continue to send flowers through the group’s Chip In To Send a Rose page.

Gay rights protest in Australia

The roses on Valentine’s are only a prelude to a more intimate petition. In the coming few days, GetUp! also plans to send “three wonderful same-sex couples” to dinner with the prime minister.

Optimistic  for the passage of a bill on marriage equality, GetUp! said Valentine’s Day is the most auspicious day to send love and to be united in love. “We’re closer than ever before to real marriage equality in Australia. So this Valentine’s Day, we’re not giving up on love, and we’re not letting our politicians give up either – not until marriage equality becomes the law of the land, “the group said in an email.

GetUp! claims it was able to gather more than 150,000 petition signatures last year and rallied alongside more than 10,000 other supporters at the ALP National Conference. It also takes pride in the video production of “It’s Time” which has viewed by more than 5 million viewers and still counting.

The group has reasons to be optimistic. The group said the ban on same-sex marriage has been lifted in California. In time of the Valentine’s Day around the round, the Hufftington Post also reported that the state of  New Jersey has already passed a bill to recognise same-sex marriage– a move move that supporters called a “civil rights milestone” and Washington  became the seventh state in the US to enact a law reconizing same-sex marriage on Monday.

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