The Gay and Lesbian Rights Lobby (NSW) is extremely disappointed with the failure of the Senate Legal and Constitutional Affairs Committee (‘Committee’) to endorse the Marriage Equality Amendment Bill 2009. Following a lengthy inquiry, the Committee has recommended that the Bill to allow same-sex couples the right to marry should not be passed. The GLRL is disappointed that the Committee ignored thousands of voices that were in support of marriage equality.

The Marriage Act 1961 defines ‘marriage’ as the ‘union between a man and a woman’ and disallows same-sex couples from marrying. “It is concerning when the Federal Government commits to equality for same-sex couples, but then discriminates against them in marriage which is a civil institution”, said Kellie McDonald, GLRL Co-Convenor.

 Benjamin Keats, GLRL Co-Convenor, also stated, “There is no reason why the Government should not support the Marriage Equality Amendment Bill as there is strong community support in Australia and international trends highlight a movement towards civil marriage equality.” A 2009 Galaxy Poll, conducted by Australian Marriage Equality, found that 60% of Australians support giving same-sex couples the right to marry. 

 On an international level, Canada, Spain, the Netherlands, Belgium, Norway, Sweden, South Africa and five US states now grant the right to marry for same-sex couples. The United Kingdom, New Zealand, Denmark, Switzerland, Finland and several other nations provide a civil union or registered partnership scheme. Kellie McDonald adds, “Even where couples are legally married overseas, 88EA of the Marriage Act does not recognise that relationship as a marriage. This remains a disgraceful demonstration of Australia’s discriminatory position on civil marriage equality”.  

Whilst the GLRL welcomes the recommendation to consider developing a nationally consistent system of relationship recognition for same-sex couples, it is not an alternative to civil marriage. Ms McDonald stated, “Allowing same-sex couples other forms of official recognition without also allowing civil marriage produces a hierarchy of relationship recognition”.  

Mr Keats further emphasised, “Since the changes introduced in 2008, same-sex couples have all the rights and responsibilities of married couples – but not the right to marry. There is no valid reason to deny same-sex couples formal and symbolic recognition extended to heterosexual couples. It is time that all sides of politics caught up with community attitudes and made a commitment to full relationship equality”.  

The GLRL does not support the Committee’s recommendations on the Marriage Equality Amendment Bill, and urges the Federal Government to endorse it in order to end the current discrimination in the Marriage Act. The GLRL will continue to lobby further for civil marriage equality.