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Gay rights in Australia are similar to several similar Democracies , with Equality recognized under certain statutes while other laws apply differently for LGBT individuals (or people involved in same-sex relationships) than they do for heterosexuals (or those involved in heterosexual relationships). Laws regarding Sexual Activity apply equally to same-sex and heterosexual activity in all Australian states and territories. As of December 1, 2007, every state and territory, as well as many local governments or councils, will formally recognise both opposite-sex and same-sex relationships in some manner. However, as of 2007, same sex marriage is officially prohibited at the federal (Commonwealth) government level, and same-gender couples do not receive the same level of recognition as opposite sex couples in 58 federal law statutes which utilse the phrase 'member of the opposite sex'12 LGTB people are allowed to legally adopt children in some states and territories. HISTORY OF ACTIVIST GROUPS LGBT Activist groups have been organized in Austrailia since the late 1960s. An Australian arm of the Daughters Of Bilitis , which formed in 1969 in Melbourne , is considered Australia's first gay rights organisation. It was followed by other organizations such as:
LEGALITY OF SEXUAL ACTIVITY Lesbianism was never illegal in colonial England and its Colonies . Every state and territory of Australia has legalized sexual conduct between males, beginning in 1975 in South Australia . In 1997, when the law in Tasmania prohibiting homosexual sex was overturned in the courts because of the passage of the ''Human Rights (Sexual Conduct) Act 1994 - Section 4'', 4, sexual activity between consenting adults became legal in all Australian states and territories. All Australian state and territory Age Of Consent laws apply equally whether the participants are the same sex or heterosexual. ANTI-DISCRIMINATION, EQUAL OPPORTUNITY AND VILIFICATION LAWS In 1977, the Anti-Discrimination Act 1977 which prohibits discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs was passed in New South Wales.5 Victoria6 and Queensland7 prohibit discrimination based on sexual orientation and gender identity. The Tasmanian Anti-Discrimination Act 1998 prohibits discrimination based on sexual orientation (and other characteristics) in: employment; education and training; provision of facilities, goods and services; accommodation (including residential and business); membership and activities of clubs; and administration of any law of State or any State program.8 The Northern Territory Anti-Discrimination Act of 2007 prohibits discrimination based on sexuality.9 The ACT Discrimination Act 1991 prohibits discrimination based on sexuality and transexuality (and other grounds) in: access to premises; membership or services of a club; access to or membership of a professional or trade organisation; provision of goods, services or facilities; accommodation; partnerships and qualifying bodies; education; requests for information; work and employment.10 FAMILY LAW Domestic Partnership/Civil Unions/Same-sex Marriage See Also: Recognition of gay unions in Australia Recognition at the State and Territory Level As of 1 December 2007 , all states and territories of Australia will provide some form of domestic partnerships or registered partnerships for all couples. Victoria will have a "registery system" for all relationships and carers, at the moment Victoria provides domestic partnerships. Civil Union laws passed in the Australian Capital Territory on 11 May 2006.11 Federal Attorney General Philip Ruddock announced that the Federal Government would advise the Governor-General to disallow the laws.12. The Australian Capital Territory allowed Civil Partnership law to go ahead,1314 and in February 2007, Attorney General Phillip Ruddock announced that he did not approve of gay civil partnership and blocked laws in the ACT because he believes gays should not hold ceremonies on their partnership as it equates gay unions with heterosexual marriage. He stated that marriage was a "cultural institution" intended only to produce and raise children.15 Prime minister John Howard has publicly stated that he intends to veto the proposed ACT same sex civil marriage laws because he believes in "support {Link without Title} the special and traditional place of marriage as a heterosexual union for life of a man and a woman in Australian society." In response, the ACT's Chief Minister Jon Stanhope accused John Howard of having no place for homosexuals. Howard has however denied this.16 Between 2003 and 2006, South Australia passed 77 Acts ( Statutes / Legislation ) which both passed in both houses and were signed into law which allowed for both opposite sex and same-sex couples, as a "domestic partner". Two of the Acts are the "statutes amendment (equal superannuation entitlements for same sex couples) Act 2003 (number 13)" and the "statutes amendment (domestic partners) act 2006 (number 43)". 17181920212223 Independent MP Andrew Olexander has attempted to introduce a Private Members Bill into Victorian Parliament, in an effort to allow Same-sex Civil Unions .24 However, Victorian Premier Steve Bracks has stated his intent to refuse to allow parliamentary counsel to draft the bill, saying he would block any move to have civil-unions or gay marriage debated in parliament.25 Prohibition at Commonwealth Level However, there is no such recognition at the federal (Commonwealth) level; and since 2004, same-sex marriage has been officially prohibited when the Marriage Act 1961 and the ''Family Law Act'' were amended in order to define marriage as a ''"union of a man and a woman to the exclusion of all others, voluntarily entered into for life"''. Amendments were also made to prevent the recognition in Australia of marriages conducted in other countries between a man and another man or a woman and another woman. In December 2005 , John Howard ruled out same-sex civil unions/civil partnerships under his government stating that "marriage is for men and women," and "That's why we amended the Marriage Act August 2004 ." He went on to explain that Australia's culture is rooted in Judeo-Christian tradition. "I believe very strongly that marriage is exclusively a union for life of a man and a woman to the exclusion of others. That's the common understanding of marriage in the Judeo-Christian tradition, and I would be opposed to the recognition of civil unions." 26 International Implications In May 2006, Attorney General Philip Ruddock blocked a gay Australian man from marrying in Europe. Ruddock refused to grant a gay man living in the Netherlands a 'Certificate of No Impediment to Marriage' document required by some European countries before marriage, to prove foreigners are in fact single. Under Ruddock's instructions, no such documents were to be released to gay and lesbians individuals intending to marry overseas27. Following a request for the certificate the following statement was received:
Recognition at the City Level The cities of Sydney and Melbourne provide a Relationships Declaration Program available for all couples.2829 Adoption and Laws Relating to Having Children Adoption for same-sex couples is legal in Australian Capital Territory , WA, Tasmania (step child only) and Victoria (from 1 December 2007) and same-sex adoption is illegal in New South Wales , South Australia , Queensland and Northern Territory . In Vitro Fertilization technologies, Surrogacy , and other reproductive tecnologies are legal in WA, illegal in the states and territories and the commomwealth. INHERITANCE Without the automatic legal protections that married couples receive under the law with regard to Inheriting Asset s from their partners, same sex couples have had to take specific legal actions. With the increased legal recognition of domestic partnerships, this situation is changing. For example, Superannuation (tax-incentivised retirement funds) legislation recognised "interdependent relationships", which included same-sex relationships. MILITARY SERVICE In 1992, the Australian Defence force ended its prohibition on openly gay or lesbian members serving in the military. The Australian Defence Force also recognizes "interdependent relationships", which include same-sex relationships, regarding benefits available to active duty members.30 OTHER AREAS OF LGBT RIGHTS
''For further information on blood screening at the Australian Red Cross Blood Service, see the section on Infectious Diseases in the article about that organisation.'' RELIGIOUS OPPOSITION
EXTERNAL AUSTRALIAN ACTIVIST GROUP LINKS
EXTERNAL OFFICIAL REGISTRY LINKS
EXTERNAL NEWS LINKS
NOTES ADDITIONAL REFERENCES AND SOURCES
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