Page 2757 - Week 09 - Thursday, 8 August 2013

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If we were to argue that the recognition of same-sex couples already exists in a way that is akin to marriage then we must ask ourselves why we place so much significance on a heterosexual marriage. Many heterosexual couples live in de facto relationships, yet no-one would ever deny them the opportunity to have such a relationship formally recognised through marriage, nor do we celebrate the marriage to a lesser extent because they move to formal recognition of an existing legal relationship.

The depth of feeling, love and commitment between same-sex couples is no different from that felt by opposite-sex couples. It is for these reasons that the ACT government is committed to joining an increasing number of jurisdictions around the world legislating for inclusive marriage laws, regardless of sex or gender.

I understand the ACT Lesbian, Gay, Bisexual, Transgender and Intersex Community Council discussed this matter at their meeting last week on Friday, 2 August. The council is very supportive of this government’s stance on legally recognising same-sex marriage and acknowledges the government’s achievements so far in removing discrimination on the basis of sexuality and gender identity.

As I speak, governments and communities around the world are working to end arbitrary discrimination against same-sex couples. At least 15 countries have now legislated to allow same-sex marriage. In other countries, such as the United States of America, individual states have legislated to allow same-sex marriage.

Closer to home, New Zealand recently legislated to allow gay marriage. On 19 April 2013, the New Zealand Marriage (Definition of Marriage) Amendment Act was passed. The public gallery was overflowing, and the applause from the parliamentary chamber was deafening. The bill was passed by a resounding 77 votes to 44 votes. The debates surrounding the passage of this historic bill highlighted that we need to learn from history—that from the Nuremberg laws to the South African Immorality Act, marriage laws have continually been used as a tool of disenfranchisement and oppression.

In the words of my New Zealand colleague Louisa Wall:

This is not about church teachings or philosophy. It never has been. It is about the state excluding people from the institution of marriage because of their sex, sexual orientation, or gender identity, and that is no different from the actions taken in these historical examples.

In the United Kingdom the Marriage (Same Sex Couples) Bill was granted royal assent on 17 July 2013 and will come into force in 2014. Since December 2011 marriage equality bills have been introduced into five state parliaments—New South Wales, South Australia, Western Australia, Tasmania and Victoria—as well as in the federal parliament. Although these bills have been defeated in most jurisdictions, in some cases only narrowly, the fact that so many bills have been introduced indicates a growing constituent push for marriage equality.


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