Celebrations for "most sweeping gay law reform in Australian history"
Call for further reform including same-sex marriage
27 November 2008
Gay and lesbian advocates have congratulated the Rudd government on the removal of legal, financial and workplace discrimination against same-sex couples, but have flagged the need for further reform including same-sex marriage.
"We applaud the Rudd Government for removing discrimination and disadvantage faced by same-sex partners in a wide range of areas such as superannuation, social security, immigration, tax and family law", Australian Coalition for Equality spokesperson, Corey Irlam, said today.
"For the first time, gay and lesbian Australians will celebrate Christmas with their families knowing they have equal legal protections."
"However, the job of tackling discrimination remains unfinished until there is a national law prohibiting sexuality discrimination, and until discrimination in marriage is removed."
"As we approach Christmas, it's appropriate for the nation to reflect on how painful it is for many same-sex couples to be told by the law that they cannot fully participate in marriage and family life."
"We call for the Government to commit to a sexuality discrimination law in 2009, and for a serious national discussion on equality marriage."
In what is the most sweeping gay law reform in Australian history, Parliament today finally passed amendments to almost 100 different federal laws removing discrimination against same-sex de facto couples.
"We congratulate the Australian Greens, Liberal Party of Australia and Independent Senator Xenophon for their cross-party support for these historic reforms", Mr Irlam said.
"We also congratulate those thousands of gay, lesbian, bisexual and transgender people, and their families and friends, who bravely spoke out during this campaign for legal equality."
Impacts of the current reforms
- Some same-sex partners have been plunged into poverty because they have not been able to access their partner's superannuation or pension. These partners will now have equal financial security
- Same-sex partners who were previously seen as singles may lose social security benefits. To allow for these couples to adjust, ACE called for a delayed implementation of social security changes.
- ACE continues to work with government agencies like Centrelink to advocate for extensive education of gay & lesbian people about their new rights. ACE will continue to push for consideration of an individual's financial hardship by these changes.
Marriage
- In 2004 the national Marriage Act was amended with bi-partisan support to entrench marriage as the union of a man and a woman, and to forbid the recognition of overseas same-sex marriages
- More and more Australian same-sex partners are marrying overseas and deserve to have their legal unions recognised at home
National discrimination laws
- Australia has no comprehensive national law prohibiting discrimination on the grounds of sexual orientation and gender identity
- Each state has such laws but some are outdated and do not cover federal employees
- The Government has indicated that it will investigate the need for such legislation in its up-coming national human rights consultation (see quote below)
On 12th November Senator Wong said in the chamber: "The Greens have also proposed an amendment to the Sex Discrimination Act to remove all discrimination against all forms of relationship. Any such amendment would need careful consideration, and the government will carefully consider this issue in the context of the broader review of the Sex Discrimination Act that is being undertaken by the legal and constitutional affairs committee. Alternatively, the government may consider this issue in the context of any consideration for a sexuality discrimination bill."