Australian Territory Approves Same-Sex Civil Ceremonies

By Patrick B. Craine

CANBERRA, Australia, November 11, 2009 ( – The Australian Capital Territory (ACT) has legalized civil partnership ceremonies for homosexuals.

Same-sex couples in the ACT have been able to register their union since last year, but were not permitted a ceremony.

The legislature of the territory, where the nation’s parliament is located, passed the bill on Wednesday, following an amendment banning opposite-sex couples from obtaining the civil unions.  The bill was moved by the ACT’s Greens party.

The ACT’s amendment was passed so as to satisfy federal requirements that such unions not mimic marriage.

"We understand that this is not same-sex marriage," said Shane Rattenbury, the Greens member who drafted the bill.  "This legislation is another step along the road to full equality for same-sex couples in Australia, and we are delighted that the assembly has passed it today."

The federal Commonwealth Parliament, which has the power to override legislation passed in the country’s two territories, has strongly opposed same-sex "marriage," and the ACT legislature has been fighting with them for same-sex civil unions since 2006.

That year, the ACT passed legislation approving same-sex civil unions, but their attempt was struck down by then-Governor General Michael Jeffery on the advice of then-Attorney General Philip Ruddock.

The law would have effectively granted same-sex couples the same rights and benefits as married couples, simply leaving out the term "marriage."  At the time, then-Prime Minister John Howard said the ACT’s move sought to undermine the nation’s 2004 Marriage Amendment Bill, which established marriage as a union between one man and one woman, and specifically excluded same-sex "marriage."

Regarding the current bill, one member of the ACT’s legislature, Vicki Dunne, who serves as shadow attorney-general, predicted that the federal government would stop the bill.  "It is almost certain the Commonwealth will intervene," she told the Telegraph.  "It still sounds like a marriage and it still feels like a marriage and therefore it probably is a marriage."

Last year, the federal government granted new legal and financial benefits to same-sex couples by making changes to about 100 federal laws.  Nevertheless, they continued to declare their intention to uphold the true definition of marriage.

"The government believes that marriage is between a man and a woman so it won’t amend the marriage act," said Attorney-General Robert McClelland.

Australia’s Senate has now initiated an inquiry into the Marriage Amendment Bill, however, hearing arguments this week both for and against same-sex "marriage."  The submissions the committee received, totalling more than 20,000, were against same-sex "marriage" by a ratio of two to one.

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Australia Considers Same-Sex "Marriage"

By Thaddeus M. Baklinski

CANBERRA, November 10, 2009 ( – As part of its inquiry into the Marriage Amendment Bill the Australian government yesterday heard arguments for and against same-sex “marriage.”

The Australian Green party is pushing for the redefinition of marriage as part of their platform in anticipation of next year’s federal election.

Australian Greens Senator Sarah Hanson-Young asked Prime Minister Kevin Rudd to allow Labor MPs a free parliamentary vote on same-sex “marriage” when it comes before the House. “This is not a gay issue, it’s a human rights issue,” she said

“I’m calling for the prime minister to … grant his members a conscience vote so we can get a true reflection of how the Australian community is feeling,” Hanson-Young told ABC TV this week, adding, “The majority of Australians think people should be able to marry who they want.”

The Sydney Star Observer reports that the Bill has prompted a considerable response from citizens, with the Senate Legal and Constitutional Affairs Committee receiving more than 20,000 submissions in the past two months.

The committee reported on Monday that the submissions ran about two to one against same-sex “marriage.”

“16,752 emails were received against amending the Marriage Act to include same-sex couples, while only 8,666 emails had been received for,” the report stated.

The Australian Family Association’s (AFA) submission reaffirmed that marriage should be reserved as a union between a man and a woman.

“We submit that marriage deliberately identifies and protects a particular type of relationship – the uniquely pro-generative male-female relationship – which carries a unique (and not inconsiderable) significance for both contemporary Australian society, and for the entire human species,” the AFA stated.

The AFA is encouraging Australians to send a strong message to their elected leaders to defend traditional marriage. A petition and contact information is available on the group’s website.

“Without a public ‘uprising’ to defend marriage,” said the group, “it is conceivable that Australia could join other nations (namely Canada, Spain, Belgium and some American states) in legalising same-sex ‘marriage’. We are charged therefore with the serious responsibility of working to retain the definition of marriage as a union between a man and a woman. Now, and over the next year we must garner an increasing mass of people to take a stand for marriage.”

The Senate Legal and Constitutional Affairs Committee is scheduled to publish the results of its inquiry into the Marriage Amendment Bill on November 26, 2009.

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