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Legislative Assembly for the ACT: 2002 Week 5 Hansard (8 May) . . Page.. 1284 ..

MR HARGREAVES (continuing):

At the time, the then leader of the federal National Party, Tim Fischer, described the reforms as an attack on the institution of the family. He also said it was a step towards a non-reproductive society, which had to be fought tooth and nail.

Fortunately, the then Attorney-General and Minister for Health, Terry Connolly, was able to reassure the public that this fear was unfounded. He said that the passing of the territory's Domestic Relationships Act had not had any effect on birth rates in Canberra. He said, "On the contrary, we recently opened our third maternity unit."

It is worth noting, at this point, that the Domestic Relationships Act, among many other social reforms, has had a number of very positive effects on tolerance and diversity in our community. Previously, because of fear of discrimination and persecution, many same-sex relationships in the ACT were hidden away. However, we have now reached a much more open and healthy situation, although I do not believe that all the problems have been resolved. Gay and lesbian people still face legal discrimination, homophobia and violence, on a daily basis.

The community has come a long way, but it still has a long way to go. That is why the ACT Labor government continues to be at the forefront of policy reform in this area. As the government has already said publicly, Labor believes that all people are entitled to respect, dignity, the right to participate in society and to receive the protection of the law, regardless of their sexual orientation or gender identity.

The government will implement policies and legislate generally to give effect to this belief. The government will establish a special inquiry to investigate and make recommendations in order that equal legal status for gays and lesbians is achieved in the ACT. We will introduce programs to fight discrimination against, and vilification of, gays and lesbians. We will also legislate for two people, regardless of gender, to enter into a legally recognised union.

It is time to act, at both a territory and Commonwealth level, because the law still discriminates against same-sex couples, in a range of everyday situations. This discrimination has profound practical consequences that can disrupt lives and relationships and lead to impoverishment of lesbians, gay men, and their families. Its effect is severe in times of crisis, such as when a relationship breaks down or a partner dies. The legal options available to same-sex partners to pursue basic rights are difficult and expensive. They require the use of higher courts that are slow and expensive to run. This hits hard those who cannot afford legal advice. It is a burden on those courts, and an impost on the taxpayer.

The Commonwealth government has to face up to the legal contradiction of recognising homosexuality, whilst denying the existence of gay and lesbian relationships. While gay and lesbian relationships, like heterosexual relationships, take many forms, the legal mechanism for recognition of those relationships should be the same as that which exists for heterosexual relationships.

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