Page 658 - Week 03 - Tuesday, 28 March 2006
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social aspect of providing for formal recognition of civil unions. This will make a real difference to a great many people. I would like to briefly share with members some of the sentiments of people who have written in support of formal recognition of same-sex relationships. I quote:
The ACT is now providing an excellent example to other states in its recognition of the human rights of gays and lesbians. This move is important in demonstrating that love should be celebrated not stigmatised and that everyone deserves dignity and respect regardless of the family form. I join with the entire gay and lesbian community their friends and families in thanking you.
The following is from a mother who wrote in support of civil unions. It says:
My daughter is in love with a wonderful woman, whom I now consider as part of my family. She is totally in love with my daughter and has made my daughter, finally, happy and fulfilled. They share a relationship and live their relationship like any other heterosexual couple.
It has taken me a long time to finally find acceptance in my daughter’s sexual preference; I also believe that everyone in life has a basic right to be happy and to be loved to the fullest, regardless of their sexual orientation.
I hope that my daughter and her partner have a long, fulfilling, loving and stress free life. It would also be nice if they receive the same rights as any loving couple in this nation, without discrimination.
How will this civil union scheme work? The Civil Unions Bill sets up a scheme which will provide for qualifications on who may enter into a civil union, set out the process for entering a civil union, specify how a civil union may be terminated and specify the consequences of entering a civil union. While it must be acknowledged that this bill will have most application to same-sex couples, the legislation will be non-discriminatory and the option of entering a civil union will be available to any two people, regardless of their gender, subject to meeting other eligibility requirements. A person may not enter into a civil union if they are already married or already in another civil union.
The rights and obligations flowing from a civil union are premised on a primary relationship and this requirement recognises that there can only be one primary relationship at any given time. In addition, a civil union will automatically terminate if one of the parties marries. A person cannot be in both a civil union and a marriage. An ACT civil union will always give way to a commonwealth marriage. A civil union scheme in the ACT will not alter the meaning of marriage. The bill also specifies particular age requirements for entering a civil union. A person must be 16 years of age or older to enter a civil union. A person who is 16 or 17 may only enter a civil union with the consent of a parent or guardian or, alternatively, with an order of the court. This is consistent with, although not the same as, the commonwealth Marriage Act and also reflects the age of consent specified in the Crimes Act for the sexual component of any such relationship.
There is currently no prohibition on a person who is 16 forming a relationship but only in having that relationship recognised. To deny such a person equal access to the law solely on the basis of their age is discriminatory and contrary to the human rights set out in the Human Rights Act 2004. The bill does not require that people be resident in the ACT in
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