Australian Govt. in Tug-o-war for Recognition of Same Sex Couples

Filed Under GLBT Equality, Gay Marriage, Legal, Politics | May 5th, 2008 

In December, Australian Prime Minister Kevin Rudd promised not to interfere with state and territory legislation… This week however, that promise is out the window and his love fest with Australian gays during his election campaign is also a thing of the past.

The Australian Capital Territory (ACT) Government made a statement this week regarding this situation:

ACT to Provide Legal Recognition for Same Sex Couples

Canberra, Australia — The ACT Government will move to provide for legal recognition of same sex couples through a civil partnerships registration scheme following clear advice from the Commonwealth Government that it would undemocratically over-ride the existing Civil Partnerships Bill if passed by the ACT Legislative Assembly, Attorney General Simon Corbell said this week.

“It is with deep regret that I advise today that the Federal Government will not compromise on the issue of legally recognised ceremonies as part of the Civil Partnerships Bill 2006,” he said.

“This is despite attempts by the ACT Government to modify these provisions and an offer to remove the requirement for a legally authorised celebrant. The Federal Government’s position is in direct contradiction of the Prime Minister’s commitment on 6 December last year when he said ‘on these matters states and territories are answerable to their own jurisdictions’.

“Given the stubborn refusal of the Federal Government to consider any compromise the Territory has decided to amend its legislation to provide for a form of civil partnerships without ceremony. This will allow gay and lesbian couples in Canberra to legally formalise their relationships and unequivocally demonstrate their legal status so as to access Commonwealth superannuation, taxation and social security law reforms.

“The ACT will also move to legislate for a scheme which extends registration to caring relationships through a separate act following consultation with carers groups and other stakeholders following a request by the Federal Government.”

The ACT Government remains of the view that providing gay and lesbian couples with the opportunity to publically affirm their relationship and commitment to each other through a public ceremony is important.

“Therefore, today* I have directed my Department to make arrangements for administrative ceremonies to be conducted by the Registrar General or her delegates once the bill is enacted,” Mr Corbell said. “These ceremonies will have no legal status but will provide couples with the opportunity to publically reaffirm their written declaration of commitment.

“The ACT has been presented with a stark choice to proceed with the legislation as it currently stands and faces a certain Federal veto which will leave same sex couples in the ACT with no opportunity to formalise their relationships under law or to amend the legislation to provide for some form of legal recognition.

“The ACT condemns in the strongest possible terms the Federal Government’s decision to resort to the use of an undemocratic nineteenth century colonial style power to override legislation which has the clear support of a majority of the democratically elected ACT Legislative Assembly.

“The Bill is expected to be debated and passed by the Legislative Assembly on Thursday next week. It is expected that the first civil partnership registrations will be accepted from May 19 and the first ceremonies will be able to be conducted by May 24 this year.”

* note: this statement was released by The ACT Government on 4th May 2008.

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