Page 3298 - Week 08 - Wednesday, 22 August 2012
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human life and the next generation. Some would say that this is idealistic, and perhaps it is to some extent, because, as we all know, one size does not fit all situations. But the fundamentals support the practicalities.
The essence of this bill is to allow the ceremonies to solemnise civil unions in the same way as they solemnise marriages—put quite simply, a ceremony that solemnises a civil union emulates a marriage. This bill offends if not the literal words of the commonwealth Marriage Act, its spirit and certainly its intent, it also offends the fundamental philosophy of marriage as well as its practicalities.
The Civil Unions Bill attempts to dissuade the reader from thinking that its purpose amounts to a marriage that fails the commonwealth definition or test. At clause 6, the bill provides:
A civil union is different to a marriage …
This is a bald statement that fails to explain how or why it is different and it is a vain attempt to excuse its real purpose. Having made this vain attempt to distinguish a civil union from a marriage, the very same clause then goes to some pains to say why it is the same as marriage. It says that whilst a civil union is not the same as marriage it should be treated, and again I quote:
… for all purposes under territory law in the same way as a marriage.
So right up front this bill sets up civil unions as marriages. It is an attempt by this government to undermine the authority of the commonwealth by using a thinly veiled, foot-in-the-door approach. It is an attempt to usurp the fundamental philosophy and the practicality of marriage. The Canberra Liberals support the fundamental philosophy and practicality of marriage and the Canberra Liberals support marriage as articulated in the commonwealth Marriage Act.
According to commonwealth law, marriage is, and I quote again:
… the union of a man and woman to the exclusion of all others, voluntarily entered into for life.
The Australian constitution gives the commonwealth the foundation for making that law. It provides, at section 51, that the commonwealth has the power to legislate for the peace, order, good government of the commonwealth in respect of marriage. That is at subsection xxi. This is a point that other members in this place have failed to understand. Twice since 2006 the commonwealth Attorney-General of both stripes dealt robustly with the ACT on these matters. The fundamentals of this bill are no different from past efforts.
This bill says that to all intents and purposes civil unions are marriages. The Canberra Liberals do not support it, and there is little need to say more on this subject.
MR RATTENBURY (Molonglo) (10.57): In stark contrast, the Greens will be wholeheartedly supporting this bill today. It represents another step towards full equality for same-sex couples in the ACT. The bill places increased emphasis on the
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