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''' the Marriage Act 1961 did not define marriage, but the Common Law definition of marriage as "a union between a man and a woman" was applied by Australian courts and was taken to be "settled law." RESPONSE TO CHALLENGING COMMON LAW The possibility of a challenge to the common law definition of marriage arose when same-sex marriage became legal in Ontario , Canada , in 2003 . Since Ontario law does not restrict the right to marry to residents or Canadian citizens, the possibility arose that Australian citizens would contract same-sex marriages in Ontario and then return to seek recognition of those marriages in Australian courts. Marriage Legislation Amendment Bill On and the ''Family Law Act''. Although this was not intended to alter the current status of same-sex relationships, it would preclude any possibility that the courts could overturn the common law definition and recognise the validity of a same-sex marriage legally contracted in another country. Responses by major parties to the bill The Labor shadow Attorney-General, Nicola Roxon , said on the same day the amendment was proposed that the Labor Opposition would not oppose the section of the legislation amending the Marriage Act . Support for same-sex marriage has never been Labor policy, although the party has a policy of removing all discrimination against gay men and lesbians and against same-sex couples. Labor feared that the government was introducing the legislation with the intention of using it as a Wedge Issue at the Federal Election expected before end of 2004 . Labor argued that the amendment did not affect the legal situation of same-sex relationships, merely putting into statute law what was already common law. Ruddock and other Liberal s argued that bill was necessary to "protect the institution of marriage" against what they said was the "threat" of same-sex marriage, by ensuring that the common law definition was put beyond legal challenge {Link without Title} . The Australian Democrats and the Australian Greens opposed the legislation in the Senate , however Labor's support ensured that it was passed through both houses of Parliament . In June 2004, the bill passed the House Of Representatives . On August 13 , 2004 , the Senate passed the amendment by 38 votes to 6. Specifications of the bill The amendment specifies the following: ''Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.'' Responses to the bill Criticisms of the bill during the Senate discussions included an amendment proposed by the Greens to change the name of the bill to the "Marriage Discrimination Act" (which failed), an emotional Democrat Senator Andrew Bartlett , stating that the legislation "devalues [his marriage", and with Greens Senator Bob Brown referring to the Prime Minister John Howard and the legislation as "hateful" [http://www.abc.net.au/news/newsitems/200408/s1176303.htm . Brown was asked to retract his statements, but refused. Until recently most Gay Rights activists in Australia did not regard the legal recognition of same-sex marriage as a high priority as compared with other issues, such as abolishing discriminatory laws relating to Superannuation , Adoption , Next-of-kin rights, and other matters. Under the influence of events in the United States and Canada , however, the issue has become more prominent, although some gay rights activists still take the traditional view that marriage is a Heterosexual institution which gay men and lesbians should not participate in. Labor's decision not to oppose the amendment of the Marriage Act thus drew sharp criticism from the gay and lesbian rights movement. In response, Roxon argued that the bill did not change the legal position of same-sex relationships, and was merely a "Howard election stunt." She said that Labor remained committed to a comprehensive policy of gay and lesbian rights. PUBLIC OPINION
OTHER SAME-SEX UNIONS At a state level, there is recognition of same-sex '' De Facto '' relationships. States with Domestic Partner laws for same-sex couples:
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Civil unions After the that would recognize civil unions. He said he has support for the bill from other Liberal MP s, including some of Howard's Cabinet members. {Link without Title} In March 2006, independent Victorian MP Andrew Olexander proposed a private member's bill to allow civil partnerships in the state, but the state government has not allowed it to be drafted by the parliamentary counsel. {Link without Title} SEE ALSO EXTERNAL LINKS ;News articles ;Senate Hansard speeches (''Marriage Amendment Bill 2004'')
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