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Marriage & Relationship Registration |
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Saturday, 13 August 2005 |
Issues of Inequality: MARRIAGE & RELATIONSHIP REGISTRATION
The issue: Recognising and affirming diverse relationships
Same-sex relationships can be as loving, caring and committed as heterosexual relationships. Both types of relationship can have equal value to the individuals involved and society as a whole.
However, Australian law currently fails to recognise and affirm same-sex relationships in the same way it does heterosexual relationships.
It also fails to recognise and affirm other types of significant personal relationships including those between older companions, and carers and the people they care for.
Full relationship equality means equality for same-sex couples in Australia's marriage laws and a national relationship registry that gives equal rights and recognition to a wide range of inter-personal unions.
The current laws: Australia is falling behind
Same-sex couples have equality with heterosexual de facto couples in most areas of law in most Australian states.
Unfortunately, they are not treated the same as heterosexual de facto couples in key areas of national law including superannuation, taxation, social security, workplace entitlements and health care.
This discrimination creates financial and emotional hardship and must be removed.
But an end to discrimination in de facto laws does not mean full equality.
This will only come with equal marriage and relationship registration.
An increasing number of western countries are accepting that same-sex couples have the right to marry. They include the Netherlands, Belgium, Spain, Canada and the US state of Massachusetts. However Australia is moving in the opposite direction.
In 2004 the Marriage Act was amended to make it clear that marriage in Australia can only be between a man and a women, and that same-sex marriages solemnised in other countries will not be recognised in Australia.
These new provisions exclude same-sex couples from the benefits of marriage and stigmatise their relationships as second rate.
There is also a growing movement globally towards officially recognising those couples in significant personal relationships including same-sex relationships who, for whatever reason, cannot or do not wish to marry.
For example, in 2003 Tasmania adopted a Relationships Act that allows all same-sex and significant personal relationships to be registered with the Registry of Births, Deaths and Marriages.
How it's unequal: Missing out on the benefits of relationship recognition
For some people marriage is a way for a couple, their families, friends and community to celebrate their love.
For others marriage is a way for society to promote values such as mutual care, support and commitment in relationships.
For yet others, the right to marry is a marker of full adulthood, citizenship, social participation, and belonging in family and community.
Whatever role we place on marriage, it is only fair that same-sex couples have the right to participate in such an important social institution.
But marriage should not be the only way that society affirms and celebrates inter-personal love and commitment.
Some significant personal relationships may not be marriage-like, such as older companions, carers and the people they care for, and people in extended ethnic and aboriginal families. Some different and same-sex couples may choose not to marry.
These couples should still have the opportunity to have their relationships recognised through an official registration scheme.
Beyond the symbolic value of marriage and registration, there are important practical benefits to both forms of relationship recognition.
De facto relationships require a period of cohabitation and sometimes even a sexual relationship before they are deemed by the law to exist, and even then their existence can be easy to challenge and difficult to prove.
Married and registered couples are issued with certificates which provide them with a quick and easy way to prove their relationship status if challenged.
This can be particularly important in medical emergencies when snap decisions must be made about treatment, visitation or funeral arrangements.
Myths and facts: Relationship laws must keep pace with social attitudes
Myth: Marriage is for procreation and is therefore necessary for the survival of the species.
Fact: The law allows heterosexual couples to marry even if they are infertile, post-menopausal or choose not to have children. Up to a quarter of same-sex couples care for children. These children should have the same opportunity as other children to enjoy whatever benefits marriage brings to families.
Myth: Marriage is God-ordained and eternal, and same-sex marriage will destroy the institution.
Fact: In our secular, multi-faith society marriage is a civil institution. It has changed significantly over the years: where once marriage treated women like property, forced young people into unions against their will, and was closed to inter-racial or inter-denominational couples, it is now a voluntary union between adults of any creed or colour. In those countries with equal marriage, heterosexual marriage and divorce rates have remained the same or are improving.
Myth: Same-sex marriage demeans the institution because homosexuals are sinful and promiscuous, and, besides, most same-sex couples don't want to get married.
Fact: The Bible condemns divorce but no-one would seriously suggest outlawing it. Large-scale independent studies show that same-sex relationships are as long-lasting as their heterosexual counterparts. A recent study found that 80% of gays and lesbians in Victoria support the right of same-sex couples to marry, and 50% would seriously consider marrying if they had the choice.
Myth: Legally recognising a wide range of different relationships will devalue marriage and increase the amount of litigation that arises from competing claims over shared property and child custody.
Fact: Whenever new laws are enacted to offer greater choice in how relationships can be legally recognised, the end of marriage is predicted. But Australia's heterosexual and same-sex de facto laws have not devalued marriage and neither have same-sex marriage or relationship registration in those places where such reforms have been enacted. Officially recognising a wide range of different relationships will decrease the amount of relationship litigation because it will clarify between whom, and over what periods, particular relationships have existed.
Talking points: Speak out about unfair relationship and marriage laws
Equal marriage and relationship registration are important because:
- exclusion from marriage stigmatises same-sex couples as second rate
- people in non-marriage-like relationships, or who choose not to marry, deserve equality
- being able to register a relationship will provide legal certainty for non-married couples
- all loving relationships strengthen society and should be affirmed and celebrated
What you can do: Ask the Federal Government to recognise same-sex couples
Same-sex families and couples face discrimination in many areas due to the lack of Federal recognition of their relationships and families.
There are a number of ways you can help undo this inequality for same-sex families and couples.
You can write letters to newspapers, ask to meet your local Federal MP, and tell friends and family about the issues.
Every individual can make a difference. For more information on what you can do to change Australia's laws to treat same-sex families and couples equally, visit our website at www.coalitionforequality.org.au
More information: About the Australian Coalition for Equality
The Australian Coalition for Equality aims to achieve equality for Australia’s gay, lesbian, bisexual, transgendered and intersex citizens and families – through campaigning, lobbying, networking and public awareness.
Our website at www.coalitionforequality.asn.au contains more fact sheets on various topics involving unequal aspects of Federal law.
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Marriage & Relationships