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The Bride Wore Pink

MAJOR REPORT - February 1994 |

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MAJOR REPORT - February 1994

The issue of the recognition of lesbian and gay relationships was first raised by the Lesbian and Gay Legal Rights Service, a project of the Gay and Lesbian Rights Lobby, in February 1992. In February 1993, the Legal Rights Service Produced the first version of the Bride wore
pink, Legal Recognition of our Relationships, A Discussion Paper. Our aim was to explain the various options open to the lesbian and gay communities and to stimulate an informed debate.

Almost one year later, we have revised the discussion paper and altered our recommendations. This revision is a result of consideration of some written submissions, opinions expressed by members of the communities at forums organised by the Legal Rights Service and the
Lobby and further thought about the political feasibility of the opinions we initially recommended. Our aim has been to achieve effective law reform which will have practical consequences for lesbians and gay men in NSW.
The discussion paper does not claim to reflect any real community consensus on the issue. We have been hampered by lack of funds and time. Debate has been largely been concentrated in inner-city Sydney.
Debate has been undertaken under the umbrella of coalition organisations. Many women and many men choose not to involve themselves in such debate.
We have decided to revise our recommendations based on what we perceive to be a general trend within the communities with which we have consulted.
In 1994, the Gay and Lesbian Rights Lobby will ask the Attorney General to extend the De Facto Relationships Act (1984) to include lesbian and gay relationships, and to amend specific legislation to include relationships with a 'significant person'. The specific recommendations we will make appear further in this document.
The Legal Rights Service has chosen a combination of the
'significant person' and de facto relationships approaches because
...Significant Persons
Many lesbians and gay men do not live in de facto relationships. Many lesbians and gay men do not perceive themselves to be a member of a couple. They have friends, lovers and relatives with whom they have relationships. They want these people to have the benefits under which the law automatically go to a spouse or family members. This is a problem faced by lesbians and gays and by heterosexuals. The law fails to give recognition to a whole range of relationships. Consequently, people who are not in de facto relationships are generally unable to utilise the law to benefit whom they choose. Also people who are in de facto relationships but would choose to benefit a person other than their de facto spouse are unable to do so. The aim of amending specific legislation to includes recognition of a significant person is to enable
these people to benefit whom they choose.De Facto Relationships
In NSW, the law that deals with people who live together in sexual relationships who are not married is the De Facto Relationships ACT (1984). The major indications of these relationships are living together for two years or more, financial inter-dependence, joint care of children and sex. The De Facto Relationships Act (1984) creates the legal concept of a de facto spouse. That definition features in numerous other pieces of Federal and State legislation creating rights and obligations. If the law defines a person a de facto spouse, that person has rights in relation to health, housing, property ownership, income, children, sex, employment, crime and violence. Lesbians and gay men in de facto relationships do not have these rights and obligations.
The Lesbian and Gay Legal Rights Service is approached on a weekly basis by lesbians and gay men in relationships who have a problem in relation to housing, health, property ownership, income, children, sex, employment, crime and violence. If these lesbian and gay relationships
were recognised as de facto relationships, these people could utilise the law, to the extent that it can do anything, to resolve their problems.
At present the de facto relationship law is only based on heterosexual experience. Lesbians and gay men in relationships can utilise inclusion in that law to their benefit. We anticipate that, once amended to include
lesbian and gay relationships, the de facto relationships law will be responsive to at least some of the needs and experiences of lesbians and gay men in relationships.
In the February 1993 edition of the Bride Wore Pink we recommended against inclusion in the De Facto Relationships Act (1984) because we were concerned that people would be deemed to be in a de facto relationship, with all its rights and obligations, without intending this
consequence. In this edition, we have altered our recommendation as we realised that if people are living in these kinds of relationships then they are entitled to the protection given to heterosexual de facto couples. Only very specific kinds of relationships will fall within a
definition of a "de facto relationship". House mates are unlikely to qualify.

The Bride Wore Pink

MAJOR REPORT - February 1994 |

Introduction 1994 RECOMMENDATIONS 1993 RECOMMENDATIONS

The Bride Wore Pink

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