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Recognition of same-sex unions in Australia

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Legal recognition of
same-sex couples
Same-sex marriage

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Notes

*Laws not effective yet - for example; NV 10/1/2009, WI 8/3/2009, VT 9/1/2009, ME 9/14/2009 and NH 1/1/2009.

See also

Same-sex marriage
Worldwide status of same-sex unions
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Listings by country

LGBT portal

Same-sex marriages are currently not permitted under Australian federal law. Since 2004, the Marriage Act 1961 has defined marriage as "the union of a man and a woman". In addition, Australian law expressly declares that marriages between same-sex couples entered into outside the country are not to be recognised as marriage in Australia.

In all states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same rights as cohabiting heterosexual couples under state law. Furthermore, same-sex couples have access to domestic partnership registries in Tasmania,[1] Victoria[2] and the Australian Capital Territory.

In November 2008, the Australian Parliament passed laws that recognised same-sex couples in federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment.[3] This means that same-sex couples who can prove they are in a de facto relationship have most of the rights of married couples. Australia does not have a national registered partnership scheme for same-sex or heterosexual couples in a de facto relationship.

Contents

[edit] Same-sex marriage

[edit] The Marriage Amendment Bill 2004

On May 27, 2004, approximately two months after the UK proposed its Civil Partnership Act 2004, the then federal Attorney-General Philip Ruddock introduced the Marriage Amendment Bill 2004[4], intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act.[5] In June 2004, the bill passed the House of Representatives and the Senate passed the amendment by 38 votes to 6 on August 13, 2004. The bill subsequently received royal assent, becoming the Marriage Amendment Act 2004.

[edit] Specifications of the bill

The amendment specifies the following:

Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.
Certain unions are not marriages. 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.[6]

[edit] Support for the bill

Attorney-General Ruddock and other Liberals argued that the bill was necessary to protect the institution of marriage, by ensuring that the common law definition was put beyond legal challenge.[7]

The Labor shadow Attorney-General Nicola Roxon on the same day the amendment was proposed said that the Labor Opposition would not oppose the amendment, arguing that it did not affect the legal situation of same-sex relationships, merely putting into statute law what was already common law.

The Family First and Christian Democratic parties supported the bill. The bill was also supported by the Nationals.

Both the Australian Greens and Australian Democrats opposed the move and both parties aim to introduce same-sex marriage into Australian law.

A number of micro parties yet to gain representation in Australian federal or state parliaments also support marriage rights for same-sex couples, including the Liberty And Democracy Party, the Secular Party of Australia and the Socialist Alliance amongst others.

[edit] Opposition to the bill

Despite having support of the major parties the bill was bitterly contested by sections of the community, human rights groups and some minor political parties. The Australian Greens opposed the bill, calling it the "Marriage Discrimination Act". The Australian Democrats also opposed the bill. Democrat Senator Andrew Bartlett stated that the legislation devalues his marriage, and Greens Senator Bob Brown referred to John Howard and the legislation as "hateful".[8][9] Brown was asked to retract his statements, but refused. Bob Brown also quoted as Australia having a "straight Australia policy".

Not all of Labor was in support of the bill. During the bill's second reading, Anthony Albanese, Labor MP for Grayndler said, "what has caused offence is why the government has rushed in this legislation in what is possibly the last fortnight of parliamentary sittings. This bill is a result of 30 bigoted backbenchers who want to press buttons out there in the community."[10]

[edit] Same-Sex Marriages Bill 2006

In June 2006, Senator Stott Despoja introduced into Federal Parliament the Same-Sex Marriages Bill 2006, a private member’s bill. The bill aimed to reverse the changes that were made in the Marriage Amendment Act 2004. It would have provided equal status, recognition, treatment and eliminated all legislative discrimination between same-sex and heterosexual couples. The bill has stalled indefinitely, but remains on the Parliament's current bills list. [11]

[edit] Changes to the Marriage Amendment Act

In the run-up to the 2007 federal elections, there was speculation that the Labor Party might change or reverse the same-sex marriage ban provided by the Marriage Amendment Act 2004. The Labor Party appears to have ruled out changing the bill. On 21 March 2007, Labor MP Tanya Plibersek told The Sydney Morning Herald that "Labor does not support changing the Marriage Act to allow same-sex marriage".[12]

On 10 August 2007 Kevin Rudd, who has since become Prime Minister, as reported by the AM radio program said, "I have a pretty basic view on this, as reflected in the position adopted by our party, and that is, that marriage is between a man and a woman."[13] Rudd repeated his opposition to same-sex marriage in an interview with radio host Kyle Sandilands on 23 October 2007,[14] but is fully supportive of a national registry for both opposite-sex and same-sex partnerships.

[edit] Civil union proposals

South Australia became the first state to consider allowing civil unions for same-sex couples when MP Mark Brindal proposed the Civil Unions Bill 2004 in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."[15][16]

After the United Kingdom began allowing same-sex civil partnerships in December 2005, Prime Minister John Howard said he would be opposed to legislation granting similar civil unions in Australia.[citation needed]

In 2006, the government of the ACT, led by Chief Minister Jon Stanhope, legislated for same-sex civil unions within the ACT. The legislation was overturned by the federal government with Philip Ruddock saying Stanhope was deliberately baiting them. Ruddock received criticism from the Greens party, but claimed that the ACT's policy was not for civil unions but for marriage which was defined in the Marriage Amendment Act 2004.

In March 2006, independent Victorian MP Andrew Olexander proposed a private member's bill to allow civil partnerships in the state, but the state government would not allow it to be drafted by the parliamentary counsel.[17]

In Australia, civil celebrants conduct commitment ceremonies so that same-sex couples can participate in a ceremony to acknowledge their love and partnership. The federal government however has introduced a registration system whereby prospective celebrants must undergo Government-approved training and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of marriage celebrant. Under the new rules a registered celebrant is not permitted to conduct legally binding commitment ceremonies for same-sex couples, although they may conduct non-legally binding ceremonies as long as both the couple and those attending are under no illusion that the ceremony is a legal marriage.[18]

[edit] National relationships register

In December 2007, Prime Minister Kevin Rudd stated that the Government would be working on a national relationship register, similar to the one in Tasmania, which would officially record an existing same-sex relationship. Since then, the policy expressed by federal Attorney-General Robert McClelland has been to encourage all states and territories to create their own state-based relationship registers, based on Tasmania's model, while the federal government amends Commonwealth legislation to recognise these registered relationships. Neither Rudd nor the Labor Party endorse the more controversial step of approving same-sex marriage or civil unions.[19]

The 2009 Legal situation regarding the recognition of relationships in Australia:

De facto relationships status Registered relationships status Anti-discrimination legislation Adoption and foster parenting Recognition of parents on birth certificate Access to fertility (such as ART, IVF, surrogacy, AI, etc)
ACT YesY YesY YesY YesY YesY YesY
Commonwealth of Australia YesY NoN NoN (but under review) YesY (Family law) YesY (Family law) YesY (Family law)
New South Wales YesY NoN YesY NoN (but under review) YesY YesY
Norfolk Island YesY NoN YesY YesY YesY YesY
Northern Territory YesY YesY YesY NoN (but under review) YesY YesY
Queensland YesY NoN (but soon providing one) YesY NoN NoN (but under review) YesY
South Australia YesY NoN YesY NoN NoN NoN (but under review)
Tasmania YesY YesY YesY YesY YesY YesY
Victoria YesY YesY YesY NoN (but under review) YesY YesY
Western Australia YesY NoN YesY YesY YesY YesY

[edit] Discrimination in Federal legislation

Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organization Convention No. 111, the Human Rights and Equal Opportunity Commission Act empowers the HREOC to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. It is important to note that such discrimination is not rendered unlawful under the Act.

[edit] HREOC inquiry

Following a national inquiry into financial and work-related discrimination against same-sex relationships, on 21 June 2007, the Human Rights and Equal Opportunity Commission (HREOC) released its Same-Sex: Same Entitlements report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-gender couples by using the term 'member of the opposite sex'.[20][21]

The previous federal government, under Prime Minister John Howard, banned its departments from making submissions to the HREOC inquiry regarding financial discrimination experienced by same-sex couples.

A total of 100 statutes and provisions that discriminate by using the term 'member of the opposite sex' were later identified, from Aged Care, Superannuation, Childcare, Medicare (including the PBS), Pensions, etc. "All the basics that opposite-gender couples are legally entitled to and take for granted" [22][citation needed].

[edit] Recognition in Federal legislation

[edit] The 2008 reforms

Since December 2008, cohabitating ("de facto") same-sex couples have access to the same federal rights that cohabitating opposite-sex couples have. In more than 100 areas of law, "de facto partner" is now defined to include both same-sex and opposite-sex couples. The rights extended to same-sex couples include, among others: joint social security and veterans' entitlements, employment entitlements, superannuation, workers' compensation, joint access to the Medicare Safety Net, hospital visitation, immigration, inheritance rights, and the ability to file a joint tax return and gain the same tax rebates as a married couples.[23]

The reforms were chiefly adopted through two Acts of Parliament introduced by the Rudd Labour Government:

These "omnibus" pieces of legislation amended a wide variety of existing laws to include same-sex couples. They received support not only from the governing Australian Labor Party, but also from the opposition Liberal Party, the Australian Greens and independent members.

[edit] Previous recognition

Before 2008, same-sex couples were only recognised in very limited circumstances. For example, since the 1990s, same-sex foreign partners of Australian citizens have been able to receive residency permits in Australia known as "interdependency visas".

[edit] 2007 public opinion poll

In June 2007, the results of a Galaxy poll commissioned by advocacy group GetUp! were released. The poll measured opinions of 1100 Australians aged 16 and over. [24]

  • 71% of respondents agreed that same-sex partners should have the same legal rights as de facto heterosexual couples.
  • 57% of respondents supported same-sex marriage. The poll suggests a 20-point jump in support since 2004, when Newspoll found 38 per cent in favour and 44 per cent against.[25]

[edit] 2007 Election

The 2007 federal election provided a swing in power that became more conducive to recognising the LGBT community. Penny Wong (Labor) was the first lesbian to be made a minister. Both the Labor Government and the Liberal party support rights for same-sex couples (excluding marriage and IVF). Prime Minister Kevin Rudd (Labor), Tanya Plibersek (Labor), Penny Wong (Labor), Belinda Neal (Labor), Warren Entsch (Liberal), Malcolm Turnbull (Liberal) and Brendon Nelson (Liberal) “fully support rights for same-sex couples, but not to the extent of same-sex marriage(s) and IVF" (a quote from Brendon Nelson).[26][27][28][29]

Within the first six months following the election, Attorney-General Robert McClelland said that his department had gone beyond the HREOC 58, identifying a total of 100 laws that discriminate against same-sex couples.[30] By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.[31]

[edit] 2009 public opinion poll

A Galaxy poll conducted for Australian Marriage Equality in June 2009. The poll measured the opinions of 1100 Australians aged 16 or older. The poll found that 60% of Australians would support same-sex marriage, with 36% opposed and 4% undecided. It also found that 58% of Australians would support the recognition of same-sex marriages formed in other countries in Australian Law.

The breakdown of the poll suggested that support was strongest amongst women, strongest amongst Labor and Green voters, and strongest amongst those aged 16–24. It also suggested that support was strongest in New South Wales and weakest in Queensland and South Australia, though a majority in all states were in support.

[edit] State and Territory legislation

At state and territory levels, there is some form of recognition for same-sex couples, mainly through being considered in de facto relationships. De facto couples, for example in Tasmania since 2004, South Australia, Australian Capital Territory and Victoria since 2008, have access to many rights and can easily prove that a relationship exists through a registry or formal agreement. However in New South Wales, Western Australia, Northern Territory and Queensland, same-sex and de facto couples often must go to court to prove a relationship exists, even though there is de facto recognition called unregistered co-habitation. The inability of same sex couples to have conclusive evidence of their relationships can make it difficult for them to access rights accorded to them under the law. The following list discusses states and territories with registered partnership (significant relationships) or unregistered co-habitation for same-sex couples:

Status of same-sex unions in Australia.      Same-sex marriages      Same-sex civil unions      Same-sex domestic partnership registries      Same-sex domestic partnership agreements      Same-sex domestic partnership being debated      Defined state-wide as "De facto"      State same-sex marriage ban
Official status Pending legislation
ACT Yes Civil Partnership (Registry) -
New South Wales Relationships Register (City of Sydney);

Defined as 'De facto' state-wide, no registry

-
Norfolk Island Defined as 'De facto', via court order[32] -
Northern Territory Defined as 'De facto', no registry -
Queensland Defined as 'De facto', no registry The Queensland Government has announced it will be considering the creation of a relationship register in late 2008.
South Australia Yes Domestic Partner (Agreement) -
Tasmania Yes Registered Partnership (Registry) The Same-Sex Marriage Bill 2008 was introduced into State Parliament on 1 July 2008.
Victoria Relationships Register (City of Melbourne & Yarra City Council)

Yes Domestic Relationship (Registry) state-wide (1/12/2008)

The Relationships Act 2008 (assented 4 May 2008, commences 1 Dec 2008)
Western Australia Defined as 'De facto', no registry -

[edit] Australian Capital Territory

Since 1994 the ACT has had the Domestic Relationships Act 1994[33] becoming the first jurisdiction in Australia to "acknowledge same-gender couples legally". This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death. On 16 August 2003, The ACT enacted laws relating to same-sex adoption.

The ACT Government announced plans for civil unions to be introduced with its Civil Unions Act 2006 which was passed on 11 May 2006. The ACT enacted the legislation on 9 June 2006, but it was disallowed by the Governor-General on 13 June 2006 on the instruction of the Federal Executive Council.

In December 2006, the ACT government proceeded with new legislation recognising same-sex unions based on the United Kingdom civil partnership laws.[34][35][36][37]. In February 2007 civil partnerships were blocked again[38][39][40][41] and the Federal Attorney General indicated that the Commonwealth would oppose this new legislation. Both these laws described above have since been repealed by order of the Attorney General Philip Ruddock.

In December 2007, the newly elected Prime Minister Kevin Rudd said that he would not override ACT legislation allowing for civil unions because it was a matter for states and territories.[42] However on 17 February 2008 Attorney General Robert McClelland said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.[43] He was criticised by Greens Senator Bob Brown, who said it was the ugly face of Labor conservatism.[44]

In May 2008, after several attempts to amend the Civil Partnerships Bill, ACT Attorney-General Simon Corbell announced the Territory had again been forced to abandoned its civil partnerships legislation and would instead settle for a system of relationship registers virtually identical to the ones operating in Tasmania and Victoria.[45][46]

[edit] New South Wales

In 1977, the Anti-Discrimination Act 1977[47] which prohibits discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs was passed in New South Wales.[48] Its also Illegal to discriminate against a persons HIV/AIDS status.

The Workers Compensation Act, the Victims Compensation Act and the Criminal Procedure Act have been reformed to include same-sex couples in addition to a further 60 pieces of legislation through the Property (Relationships) Legislation Amendment Act from 1999, and again in 2002 through the Miscellaneous Acts Amendment (Relationships) Act. All these Acts includes dependants both opposite-sex and same-sex partners, parents, carers and siblings.

The city of Sydney (since 2005) provides a Relationships Declaration Program available for all couples offering limited legal recognition. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation. [49][50][51] [52] [53] [54]

On 6 September 1999, New South Wales Attorney General Hon J. W. Shaw QC MLC requested the Law Reform Commission of New South Wales to inquire into Relationships and the Law.[55] The inquiry, which followed new relationship and property laws at the time, also looked at children of same-sex couples and recognition of their relationship with both parents. The commission's report on relationships was very extensive, included many recommendations and took the LRC itself seven years to complete. The report was handed to the previous NSW Attorney-General in June 2006. The current NSW Attorney General, John Hatzistergos, blocked access to the report for two years on the grounds he would table it in parliament sometime in the future. Previous reports by the commission have recommended stepparent adoption provisions to include same-sex de facto relationships.[56]

On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008[57] which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing both mums to be recognised, creates amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services. Adoption and surrogacy parenting reforms will not be included. A lesbian or gay couple will still not be able to adopt as a couple – but may adopt as individuals. Male couples were excluded from most of the parenting-related legislation. The bill passed with a vote of 64-11. The Law Reform Commission report recommended an optional state-wide registry for same-sex couples, but no state-wide registries will be created.[58][59]

[edit] Norfolk Island

In 2005 Norfolk Island created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006.[60] The legislation defines the criteria for a court to determine the eligibility of couples to be recognised as de facto couples, and requires an application to the Supreme Court. Circumstances of the relationship, which includes duration of the relationship, financial aspects, and shared responsibilities, are taken into account.[32]

[edit] Northern Territory

In March 2004, the Northern Territory enacted the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 to remove legislative discrimination against same sex couples in most areas of territory law. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW and the ACT, reform has also included enabling the lesbian partner of a woman to be recognised as the parent of her partner’s child across State law.[61]

Members of the Legislative Assembly in the Northern Territory can take their same-sex partners with them on overseas trips at taxpayer expense, the territorial Remuneration Tribunal ruled on 9 December 2003. The tribunal redefined a de facto spouse as a "person who is not married to the Member, but is in a marriage-like relationship with the Member."

[edit] Queensland

Amendments to Queensland's Property Law Amendment Act recognise same-sex partners in regard to the distribution of property in the event of a separation.

Queensland allows couples in same-sex relationships who are victims of relationship violence to take out domestic violence orders against a violent partner, and other protective measures, including counselling services.

Queensland's Industrial Relations Act 1999 includes same-sex partners in the definition of spouse. This gives same-sex partners access to state-based parental, family, bereavement and carer’s leave provisions. The bill also recognises a de facto spouse.[62]

In December 2002, Queensland's Discrimination Law Amendment Act 2002 created a new, non-discriminatory definition of "de facto partner", affecting 61 pieces of legislation[63].

[edit] South Australia

Since 1 June 2007, 97 sections of legislation took effect which provide superannuation entitlements under four superannuation Acts, as well as rights concerning property ownership, inheritance, financial affairs, hospital access and other entitlements under South Australian law. The legislation did not include adoption or reproductive technologies such as IVF and surrogacy.

This Family Relationships Act 1975 states that "Any two people who live together and present themselves as a couple will be covered by the legislation, regardless of whether or not their relationship is sexual". These Acts included 'domestic partner' in 97 separate Acts called the Statutes Amendment (Domestic Partners) Act 2006 (No 43)[64] and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13).[65][66][67][68][69][70][71][72]

[edit] Tasmania

Beginning January 1, 2004, Tasmania's Relationships Act 2003 allowed same-sex couples to register their union as a type of domestic partnership in two distinct categories, Significant Relationships and Caring Relationships, with the state's Registry of Births, Death and Marriages. The new definition of partner or spouse, "two people in a relationship whether or not it's sexual", was embedded into 80 pieces of legislation, giving same-sex couples rights in making decisions about a partner's health, provides for guardianship when a partner is incapacitated, and gives same-sex couples equal access to a partner's public sector pensions. It also allows one member of a same-sex couple to adopt the biological child of their partner.[73][74]

In June 2008, Greens' Nick McKim released advice showing that there is no constitutional barrier to Tasmania introducing same-sex marriage laws, and said he intends to submit a bill to allow gay marriage in the state.[75]

[edit] Victoria

In August 2001, the Statute Law Amendment (Relationships) Act 2001 and the Statute Law Further Amendment (Relationships) Act 2001 amended 60 Acts in Victoria to give same-sex couples, called domestic partners, 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[76][77][78][79][80][81][82].

In April 2007, the City of Melbourne established a Relationships Declaration Program (like Sydney's from 2005). [83][84][85][86].

The City of Yarra launched its Relationship Declaration Program on Monday 7 May 2007. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.

The Relationships Act 2008 created a domestic partnership register for Victoria.

[edit] Western Australia

The Acts Amendment (Lesbian and Gay Law Reform) Act 2002 removed all remaining legislative discrimination toward sexual orientation by adding the new definition of "de facto partner" into 62 Acts, provisions and statutes[87].

Western Australia allows same-sex couples equal access to adoption procedures and in vitro fertilisation treatment. It also gives same-sex couples the same rights as opposite sex couples in areas such as transfer of property, medical treatment, and inheritance upon the death of a partner. A same-sex couple who utilise artificial insemination or 'in vitro' fertilisation treatment together (i.e. both parties present as a couple throughout the treatment) are able to have both names on the birth certificate once the child is born. [88]

[edit] Recognition of married trans people

In October 2007, the Administrative Appeals Tribunal overturned a decision by the foreign affairs department refusing to issue a transgender woman a passport listing her as female because she is married to a woman. The tribunal ordered that she be issued a passport listing her as female, in accordance with her other official documents, thereby recognising the existence of a marriage between two persons who are legally recognised as female.[89]

[edit] Summary of rights

Homosexuality legal YesY Commonwealth Government since 1994. (Tasmania since 1997)
Equal age of consent NoN All states have an equal age of consent, except QLD (16 for non-anal sex, 18 for anal sex in QLD).
Anti-discrimination laws in employment YesY All states, territories and the Commonwealth Government.
Anti-discrimination laws in the provision of goods and services YesY All states and territories.
NoN Commonwealth.
Anti-discrimination laws in all other areas
(including indirect discrimination, hate speech)
YesY All states and territories.
NoN Commonwealth.
Recognition of same-sex couples YesY Relationship registries in ACT, TAS and VIC. De facto (unregistered cohabitation) status in all states, territories and Commonwealth laws.
Full joint adoption by same-sex couples YesY WA, ACT (stepchild adoption in TAS). NSW, NT and VIC considering adoption in 2009.
NoN NSW, VIC, NT, QLD, SA.
Altruistic surrogacy YesY ACT, WA and VIC (1.1.2010).
Undergoing inqury in NSW, NT, SA, QLD and TAS. No surrogacy laws in NSW and NT.
NoN SA, QLD and TAS.
Access to IVF for lesbians YesY ACT, NSW, NT, QLD, TAS, WA and VIC (1.1.2010).
NoN SA.
Parentage (with IVF) for lesbians YesY Commonwealth Government, ACT, NSW, NT, WA and VIC (1.1.2010). TAS considering parentage in 2009.
NoN SA, TAS and QLD.
Homosexuals allowed to serve in the military YesY Commonwealth legislation since 1992.
Right to change legal gender YesY All areas of Australian legislation since 2006.
MSMs allowed to donate blood NoN 12 month deferral (abstinence) period.

[edit] See also

[edit] References

  1. ^ Relationships Act 2003
  2. ^ The Relationships Act 2008 (commenced 1 Dec 2008)
  3. ^ Sweeping gay law reform finally passes
  4. ^ Marriage Amendment Bill 2004
  5. ^ http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDR&Criteria=DOC_DATE:2004-05-27;SEQ_NUM:42;
  6. ^ http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1541&TABLE=OLDBILLS
  7. ^ http://parlinfoweb.aph.gov.au/piweb/view_document.aspx?ID=1014809&TABLE=HANSARDS
  8. ^ http://parlinfoweb.aph.gov.au/piweb/translatewipilink.ASPX?Folder=HANSARDS&Criteria=DOC_DATE:2004-08-12;SEQ_NUM:324;
  9. ^ "Coalition, Labor pass same-sex marriage ban". ABC News Online. 2004-08-13. http://www.abc.net.au/news/newsitems/200408/s1176303.htm. 
  10. ^ Albanese, Anthony (2004-06-16). "Marriage Legislation Amendment Bill 2004: Second Reading". Anthony Albanese MP. http://www.anthonyalbanese.com.au/news/407/index.html. Retrieved on 2008-05-26. 
  11. ^ "Same sex unions". Australian Democrats. 2006. http://www.democrats.org.au/campaigns/same_sex_unions/. Retrieved on 2008-06-02. 
  12. ^ The discrimination that makes a lie of equality
  13. ^ AM - Howard, Rudd make pitch to Christian voters
  14. ^ http://www.abc.net.au/news/video/2007/10/23/2067936.htm?site=elections/federal/2007 ABC video of interview
  15. ^ "South Australian MP fights for more gay rights (15 October 2004)". Pink Guide. http://www.pinkguide.com/node/1648. Retrieved on 2008-05-01. 
  16. ^ "South Australia to consider same-sex civil unions (19 October 2004)". Fridae.com. http://www.fridae.com/newsfeatures/article.php?articleid=1332&viewarticle=1&searchtype=all. Retrieved on 2008-05-01. 
  17. ^ Gay News From 365Gay.com
  18. ^ Australian Attorney-General's website.
  19. ^ National register for gay couples, says Kevin Rudd
  20. ^ HREOC Same-sex same entitlements Report
  21. ^ Human Rights and Equal Opportunity (HREOC Australia) report, Same-sex Entitlements Discussion Paper II (2006)
  22. ^ Human Rights and Equal Opportunity Commission: Same-Sex: Same Entitlements Report, June 21, 2007
  23. ^ Your Rights Checklist, Gay and Lesbian Rights Lobby
  24. ^ Majority support same-sex marriage - poll | NEWS.com.au
  25. ^ Public backs gay unions, equality - National - theage.com.au
  26. ^ Gay couples deserve 'equal treatment' | The Australian
  27. ^ Ruddy Good News - What The Election Results Mean For Us on SameSame.com.au
  28. ^ Nelson backs gay reforms | The Australian
  29. ^ Turnbull gets in ring for gay rights fight | NEWS.com.au
  30. ^ http://www.bnews.net.au/content/view/1251/2/ Feds find 100 laws to fix
  31. ^ http://www.smh.com.au/news/national/matching-rights-for-gay-couples/2008/04/29/1209234862823.html Matching Rights for Gay Couples
  32. ^ a b http://www.info.gov.nf/legislation/NumberedActs/2006/DeFactoRelationshipsAct2005.doc De Facto Relationships Act 2005
  33. ^ DOMESTIC RELATIONSHIPS ACT 1994
  34. ^ ACT revising same sex relationships law. 20/10/2006. ABC News Online
  35. ^ Equal rights closer for ACT gay couples | NEWS.com.au
  36. ^ Gay News From 365Gay.com
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