Recognition of same-sex unions in Australia

Legal recognition of same-sex couples
Same-sex marriage
Belgium Canada Netherlands Norway South Africa Spain Sweden
Performed in some regions
Argentina (C) United States (CT, IA, MA, NH*, VT)
Formerly performed
United States (CA)
Recognized, not performed
Aruba (Dutch only) Israel Netherlands Antilles (Dutch only) United States (DC, NY)
Civil unions and registered partnerships
Andorra Colombia Czech Republic Denmark Ecuador Finland France Germany Greenland Hungary Iceland Luxembourg New Zealand Slovenia Switzerland United Kingdom Uruguay
Performed in some regions
Argentina (RC, RN, VCP) Australia (ACT, TAS, VIC) France (NC, WF) Mexico (COA, DF) United States (CA, CO, DC, HI, ME, NJ, NV, OR, WA, WI) Venezuela (ME) Recognized, not performed Isle of Man (UK only)
Unregistered co-habitation
Argentina Australia Austria Brazil Croatia Israel Portugal
In some regions
United States (MD)
Status in other jurisdictions
Albania Bolivia Bulgaria Cambodia Chile China (PRC) ROC (Taiwan) Congo (DRC) Costa Rica Cuba Dominican Republic El Salvador Estonia European Union Faroe Islands Greece Honduras India Ireland Italy Japan Jersey Kosovo Latvia Liechtenstein Lithuania Moldova Montenegro Nepal Nigeria Panama Paraguay Philippines Poland Romania Russia Serbia Slovakia South Korea Uganda Ukraine Venezuela Vietnam United States (AL, AS, AZ, DE, FL, GU, IL, LA, ME, MI, MN, MT, NM, NC, OH, PA, PR, RI, SC, UT, WV, WY)
Notes
*NH marriage law is effective 1 January 2010
See also
Same-sex marriage Same-sex marriage legislation Timeline of same-sex marriage Civil union Domestic partnership Registered partnership Listings by country
LGBT portal
v • d • e

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Same-sex marriages are currently not permitted under Australian federal law. Since 2004, the Marriage Act 1961 has defined marriage as "the union of a man and a woman". In addition, Australian law expressly declares that unions between same-sex couples entered into outside the country are not to be recognised as marriage in Australia.

In all states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same rights as cohabiting heterosexual couples under state law. Furthermore, same-sex couples have access to domestic partnership registries in Tasmania,^[1] Victoria^[2] and the Australian Capital Territory.

In November 2008, the Australian Parliament passed laws that recognised same-sex couples in federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment.^[3] This means that same-sex couples who can prove they are in a de facto relationship have most of the rights of married couples. Nevertheless, despite equality of rights, Australia does not have a national registered partnership or civil union scheme.

In August 2009, a same-sex marriage bill was introduced by a member of the Australian Greens who pleaded with the government to take into mind that the majority of Australians support same-sex marriage and thereby pass such legislation.^[4] The Senate Legal and Constitutional Affairs Committee is currently reviewing the bill.^[5] The largest protests for same-sex marriage in the nation's history took place in eight cities on August 1, with an estimated 8,000 people attending.^[6]

	Official status	Pending legislation
ACT	Civil Partnership (Registry)	-
New South Wales	Relationships Register (City of Sydney); Defined as 'De facto' state-wide, no registry	-
Norfolk Island	Defined as 'De facto', via court order[7]	-
Northern Territory	Defined as 'De facto', no registry	-
Queensland	Defined as 'De facto', no registry	-
South Australia	Domestic Partner (Agreement)	-
Tasmania	Registered Partnership (Registry)	The Same-Sex Marriage Bill 2008 was introduced into State Parliament on 1 July 2008.
Victoria	Domestic Relationship (Registry)	-
Western Australia	Defined as 'De facto', no registry	-

Contents 1 Same-sex marriage 1.1 The Marriage Amendment Bill 2004 1.1.1 Support for the bill 1.1.2 Opposition to the bill 1.2 Same-Sex Marriages Bill 2006 1.3 Same-Sex Marriage Bill 2008 (Tasmania) 1.4 Marriage Equality Amendment Bill 2009 1.5 Public opinion polls 2 Civil unions and registries 2.1 Civil union proposals 2.2 National relationships register 2.3 Australian Capital Territory 2.4 South Australia 2.5 Tasmania 2.6 Victoria 3 De-facto recognition 3.1 HREOC inquiry 3.2 2007 Election 3.3 The 2008 reforms 3.4 State and Territory recognition 3.4.1 New South Wales 3.4.2 Norfolk Island 3.4.3 Northern Territory 3.4.4 Queensland 3.4.5 Western Australia 4 Recognition of married trans people 5 Summary of rights 6 See also 7 References 8 External links 8.1 News articles 8.2 Other 8.3 On the Marriage Amendment Bill

Same-sex marriage

The Marriage Amendment Bill 2004

On May 27, 2004, approximately two months after the UK proposed its Civil Partnership Act 2004, the then federal Attorney-General Philip Ruddock introduced the Marriage Amendment Bill 2004^[8], intending to incorporate the common law definition of marriage into the Marriage Act 1961 and the Family Law Act.^[9] In June 2004, the bill passed the House of Representatives and the Senate passed the amendment by 38 votes to 6 on August 13, 2004. The bill subsequently received royal assent, becoming the Marriage Amendment Act 2004.

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.
Certain unions are not marriages. A union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia.^[10]

Support for the bill

Attorney-General Ruddock and other Liberals argued that the bill was necessary to protect the institution of marriage, by ensuring that the common law definition was put beyond legal challenge.^[11]

The Labor shadow Attorney-General Nicola Roxon on the same day the amendment was proposed said that the Labor Opposition would not oppose the amendment, arguing that it did not affect the legal situation of same-sex relationships, merely putting into statute law what was already common law.

The Family First and Christian Democratic parties supported the bill. The bill was also supported by the Nationals.

Both the Australian Greens and Australian Democrats opposed the move and both parties aim to introduce same-sex marriage into Australian law.

A number of micro parties yet to gain representation in Australian federal or state parliaments also support marriage rights for same-sex couples, including the Liberty And Democracy Party, the Secular Party of Australia and the Socialist Alliance amongst others.

Opposition to the bill

Despite having support of the major parties the bill was contested by sections of the community, human rights groups and some minor political parties. The Australian Greens opposed the bill, calling it the "Marriage Discrimination Act". The Australian Democrats also opposed the bill. Democrat Senator Andrew Bartlett stated that the legislation devalues his marriage, and Greens Senator Bob Brown referred to John Howard and the legislation as "hateful".^[12][13] Brown was asked to retract his statements, but refused. Bob Brown also quoted as Australia having a "straight Australia policy".

Not all of Labor was in support of the bill. During the bill's second reading, Anthony Albanese, Labor MP for Grayndler said, "what has caused offence is why the government has rushed in this legislation in what is possibly the last fortnight of parliamentary sittings. This bill is a result of 30 bigoted backbenchers who want to press buttons out there in the community."^[14]

Same-Sex Marriages Bill 2006

In June 2006, Senator Stott Despoja introduced into Federal Parliament the Same-Sex Marriages Bill 2006, a private member’s bill. The bill aimed to reverse the changes that were made in the Marriage Amendment Act 2004. It would have provided equal status, recognition, treatment and eliminated all legislative discrimination between same-sex and heterosexual couples. The bill has stalled indefinitely, but remains on the Parliament's current bills list. ^[15]

Same-Sex Marriage Bill 2008 (Tasmania)

Australian Greens' Nick McKim introduced the Same-Sex Marriage Bill 2008 into Tasmania's House of Assembly in July 2008.^[16] McKim introduced a similar bill to the House in April 2005.^[17] Neither bill has progressed to a Second Reading.

Marriage Equality Amendment Bill 2009

In June 2009 Greens Senator Sarah Hanson-Young introduced the Marriage Equality Amendment Bill 2009 to legislate for marriage rights for same-sex couples. It would amend the Marriage Act 1961 to remove all discriminatory references based on sexuality and gender identity and allow marriage regardless of sex, sexuality and gender. The inquiry is due to report by November 26.^[18] Previously in 2007, former Greens Senator Kerry Nettle, introduced a similar bill, the Marriage (Relationships Equality) Amendment Bill 2007.

• Marriage Equality Amendment Bill 2009
• Senate inquiry into the Marriage Equality Amendment Bill 2009 Submission deadline August 28

Public opinion polls

In June 2007, the results of a Galaxy poll commissioned by advocacy group GetUp! were released. The poll measured opinions of 1100 Australians aged 16 and over. ^[19]

• 71% of respondents agreed that same-sex partners should have the same legal rights as de facto heterosexual couples.

• 57% of respondents supported same-sex marriage. The poll suggests a 20-point jump in support since 2004, when Newspoll found 38 per cent in favour and 44 per cent against.^[20]

Two years later in June 2009, a Galaxy poll conducted for Australian Marriage Equality measured the opinions of 1100 Australians aged 16 or older. The poll found that 60% of Australians would support same-sex marriage, with 36% opposed and 4% undecided. It also found that 58% of Australians would support the recognition of same-sex marriages formed in other countries in Australian Law.^[21] The breakdown of the poll suggested that support was strongest amongst women (68%), Labor voters (64%), Greens voters (82%), and those aged 16–24 (74%). It also suggested that support was strongest in New South Wales and weakest in Queensland and South Australia, though a majority in all states were in support.^[21]

Civil unions and registries

Civil union proposals

South Australia became the first state to consider allowing civil unions for same-sex couples when MP Mark Brindal proposed the Civil Unions Bill 2004 in October 2004. Brindal said, "Same sex attracted people make invaluable contributions to society, and society can no longer afford the hypocrisy to deny them the right to formalise their relationships."^[22][23]

After the United Kingdom began allowing same-sex civil partnerships in December 2005, Prime Minister John Howard said he would be opposed to legislation granting similar civil unions in Australia.^{[citation needed]}

In 2006, the government of the ACT, led by Chief Minister Jon Stanhope, legislated for same-sex civil unions within the ACT. The legislation was overturned by the federal government with Philip Ruddock saying Stanhope was deliberately baiting them. Ruddock received criticism from the Greens party, but claimed that the ACT's policy was not for civil unions but for marriage which was defined in the Marriage Amendment Act 2004.

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 would not allow it to be drafted by the parliamentary counsel.^[24]

In Australia, civil celebrants conduct commitment ceremonies so that same-sex couples can participate in a ceremony to acknowledge their love and partnership. The federal government however has introduced a registration system whereby prospective celebrants must undergo Government-approved training and meet specific criteria set by the Attorney-General's Department to be declared a "fit and proper person" to hold the office of marriage celebrant. Under the new rules a registered celebrant is not permitted to conduct legally binding commitment ceremonies for same-sex couples, although they may conduct non-legally binding ceremonies as long as both the couple and those attending are under no illusion that the ceremony is a legal marriage.^[25]

National relationships register

In December 2007, Prime Minister Kevin Rudd stated that the Government would be working on a national relationship register, similar to the one in Tasmania, which would officially record an existing same-sex relationship. Since then, the policy expressed by federal Attorney-General Robert McClelland has been to encourage all states and territories to create their own state-based relationship registers, based on Tasmania's model, while the federal government amends Commonwealth legislation to recognise these registered relationships. Neither Rudd nor the Labor Party endorse the more controversial step of approving same-sex marriage or civil unions.^[26]

Australian Capital Territory

Since 1994 the ACT has had the Domestic Relationships Act 1994^[27] becoming the first jurisdiction in Australia to "acknowledge same-gender couples legally". This provided for distribution of property and finances in the event of a separation, and inheritance in the event of death. On 16 August 2003, The ACT enacted laws relating to same-sex adoption.

The ACT was the first Australian jurisdiction to pass legislation for civil unions with its Civil Unions Act 2006 which was enacted on 9 June 2006, but it was disallowed by the Governor-General on 13 June on the instruction of the Federal Executive Council. That December, the ACT government proceeded with new legislation recognising same-sex unions based on the United Kingdom civil partnership laws, but that was blocked as well.^[28][29] In December 2007, a third attempt was made when the newly elected Prime Minister Kevin Rudd said that he would not override ACT legislation allowing for civil unions because it was a matter for states and territories.^[30] However on 17 February 2008 Attorney General Robert McClelland said it was unacceptable that the ACT proposal would allow public ceremonies for same-sex couples to celebrate their unions.^[31]

In May 2008, after several attempts to amend the Civil Partnerships Bill, ACT Attorney-General Simon Corbell announced the Territory had again been forced to abandoned its civil partnerships legislation and would instead settle for a system of relationship registers virtually identical to the ones operating in Tasmania and Victoria.^[32][33]

• ACT Registrar-General's Office - Births, Death, Marriages & Civil Partnerships

South Australia

Since 1 June 2007, 97 sections of legislation took effect which provide superannuation entitlements under four superannuation Acts, as well as rights concerning property ownership, inheritance, financial affairs, hospital access and other entitlements under South Australian law. The legislation did not include adoption or reproductive technologies such as IVF and surrogacy.

This Family Relationships Act 1975 states that "Any two people who live together and present themselves as a couple will be covered by the legislation, regardless of whether or not their relationship is sexual". These Acts included 'domestic partner' in 97 separate Acts called the Statutes Amendment (Domestic Partners) Act 2006 (No 43)^[34] and the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 (No 13).^{[35][36][37][38][39][40][41][42]}

• South Australia Domestic Partners Legislation

Tasmania

Beginning January 1, 2004, Tasmania's Relationships Act 2003 allowed same-sex couples to register their union as a type of domestic partnership in two distinct categories, Significant Relationships and Caring Relationships, with the state's Registry of Births, Death and Marriages. The new definition of partner or spouse, "two people in a relationship whether or not it's sexual", was embedded into 80 pieces of legislation, giving same-sex couples rights in making decisions about a partner's health, provides for guardianship when a partner is incapacitated, and gives same-sex couples equal access to a partner's public sector pensions. It also allows one member of a same-sex couple to adopt the biological child of their partner.^[43][44]

In June 2008, Greens' Nick McKim released advice showing that there is no constitutional barrier to Tasmania introducing same-sex marriage laws, and said he intends to submit a bill to allow gay marriage in the state.^[45]

Victoria

In August 2001, the Statute Law Amendment (Relationships) Act 2001 and the Statute Law Further Amendment (Relationships) Act 2001 amended 60 Acts in Victoria to give same-sex couples, called domestic partners, some rights equal to those enjoyed by de facto couples, including hospital access, medical decision making, superannuation, inheritance rights, property tax, landlord/tenancy rights, mental health treatment, and victims of crime procedures^[46].

In April 2007, the City of Melbourne established a Relationships Declaration Program (like Sydney's from 2005).^[47][48][49] The following month, the City of Yarra launched its Relationship Declaration Program. Under the program two people may declare that they are partners and have this declaration recorded in the Yarra City Council Relationship Declaration Register.

Both local registries have since been superseded by the state's Domestic Partnership Register when it passed the Relationships Act 2008 which was launched in December 2008. Both city registers remain active.

• Victorian Registry of Births, Deaths and Marriages
• City of Melbourne Relationship Declaration Register
• City of Yarra Relationship Declaration Register

De-facto recognition

Prior to 2008, same-sex couples were only recognised by the federal government in very limited circumstances. For example, since the 1990s, same-sex foreign partners of Australian citizens have been able to receive residency permits in Australia known as "interdependency visas".

HREOC inquiry

Following a national inquiry into financial and work-related discrimination against same-sex relationships, on 21 June 2007, the Human Rights and Equal Opportunity Commission (HREOC) released its Same-Sex: Same Entitlements report. The Commission identified 58 Commonwealth law statutes and provisions that explicitly discriminate against same-gender couples by using the term 'member of the opposite sex'.^[50][51]

• HREOC: Same sex, same entitlements

The previous federal government, under Prime Minister John Howard, banned its departments from making submissions to the HREOC inquiry regarding financial discrimination experienced by same-sex couples.

A total of 100 statutes and provisions that discriminate by using the term 'member of the opposite sex' were later identified, from Aged Care, Superannuation, Childcare, Medicare (including the PBS), Pensions, etc. "All the basics that opposite-gender couples are legally entitled to and take for granted" ^{[52][citation needed]}.

2007 Election

The 2007 federal election provided a swing in power that became more conducive to recognising the LGBT community. Penny Wong (Labor) was the first lesbian to be made a minister. Both the Labor Government and the Liberal party support rights for same-sex couples (excluding marriage and IVF). Prime Minister Kevin Rudd (Labor), Tanya Plibersek (Labor), Penny Wong (Labor), Belinda Neal (Labor), Warren Entsch (Liberal), Malcolm Turnbull (Liberal) and Brendon Nelson (Liberal) “fully support rights for same-sex couples, but not to the extent of same-sex marriage(s) and IVF" (a quote from Brendon Nelson).^{[53][54][55][56]}

Within the first six months following the election, Attorney-General Robert McClelland said that his department had gone beyond the HREOC 58, identifying a total of 100 laws that discriminate against same-sex couples.^[57] By April 2008, McClelland announced that legislation to remove these inequalities would be introduced when Parliament resumes in May for the winter sittings.^[58]

The 2008 reforms

Since December 2008, cohabitating ("de facto") same-sex couples have access to the same federal rights that cohabitating opposite-sex couples have. In more than 100 areas of law, "de facto partner" is now defined to include both same-sex and opposite-sex couples. The rights extended to same-sex couples include, among others: joint social security and veterans' entitlements, employment entitlements, superannuation, workers' compensation, joint access to the Medicare Safety Net, hospital visitation, immigration, inheritance rights, and the ability to file a joint tax return and gain the same tax rebates as a married couples.^[59]

The reforms were chiefly adopted through two Acts of Parliament introduced by the Rudd Labour Government:

• The Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008, which received assent on 4 December 2008
• The Same-Sex Relationshps (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008, which received assent on 9 December 2008

These "omnibus" pieces of legislation amended a wide variety of existing laws to include same-sex couples. They received support not only from the governing Australian Labor Party, but also from the opposition Liberal Party, the Australian Greens and independent members.

Australia does not outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organization Convention No. 111, the Human Rights and Equal Opportunity Commission Act empowers the HREOC to investigate complaints of discrimination in employment and occupation on various grounds, including sexual preference, and to resolve such complaints by conciliation. It is important to note that such discrimination is not rendered unlawful under the Act.

State and Territory recognition

At state and territory levels, there is some form of recognition for same-sex couples, mainly through being considered in de facto relationships. De facto couples, for example in Tasmania since 2004, South Australia, Australian Capital Territory and Victoria since 2008, have access to many rights and can easily prove that a relationship exists through a registry or formal agreement. However in New South Wales, Western Australia, Northern Territory and Queensland, same-sex and de facto couples often must go to court to prove a relationship exists, even though there is de facto recognition called unregistered co-habitation. The inability of same sex couples to have conclusive evidence of their relationships can make it difficult for them to access rights accorded to them under the law. The following list discusses states and territories with registered partnership (significant relationships) or unregistered co-habitation for same-sex couples:

New South Wales

While the state of New South Wales has no state-wide relationship registry, the city of Sydney established a Relationships Declaration Program in 2005 available for all couples offering limited legal recognition. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation. ^{[60][61][62] [63][64][65]} The Law Reform Commission of New South Wales began an inquiry into Relationships and the Law several years earlier in September 1999.^[66] The Commission's report, which was not released until 2006, recommended an optional state-wide registry for same-sex couples.^[67]

On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008^[68] which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing two mothers to be recognised, creates amendments to 50 pieces of state legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the New South Wales Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services.^[67][69]

• Sydney Relationships Declaration Program
• Law Reform Commission Report: Report 113 (2006) - Relationships

Norfolk Island

In 2005 Norfolk Island created the De Facto Relationships Act 2005, providing for domestic partnerships beginning in 2006.^[70] The legislation defines the criteria for a court to determine the eligibility of couples to be recognised as de facto couples, and requires an application to the Supreme Court. Circumstances of the relationship, which includes duration of the relationship, financial aspects, and shared responsibilities, are taken into account.^[7]

Northern Territory

In March 2004, the Northern Territory enacted the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 to remove legislative discrimination against same sex couples in most areas of territory law. The Act removed distinctions based on a person's gender, sexuality or de facto relationship in approximately 50 Acts and Regulations. As in NSW and the ACT, reform has also included enabling the lesbian partner of a woman to be recognised as the parent of her partner’s child across State law.^[71]

Queensland

In December 2002, Queensland's Discrimination Law Amendment Act 2002 created a new, non-discriminatory definition of "de facto partner", affecting 61 pieces of legislation^[72]. This gave same-sex couples the same rights as de facto couples in most instances. While there was discussion within Queensland government in 2008 to submit a proposal for a state-based relationship registry, no such proposal has been submitted.

Amendments to Queensland's Property Law Amendment Act recognise same-sex partners in regard to the distribution of property in the event of a separation. Queensland allows couples in same-sex relationships who are victims of relationship violence to take out domestic violence orders against a violent partner, and other protective measures, including counselling services. Queensland's Industrial Relations Act 1999 includes same-sex partners in the definition of spouse. This gives same-sex partners access to state-based parental, family, bereavement and carer’s leave provisions.^[73]

Western Australia

The Acts Amendment (Lesbian and Gay Law Reform) Act 2002 removed all remaining legislative discrimination toward sexual orientation by adding the new definition of "de facto partner" into 62 Acts, provisions and statutes^[74].

Western Australia allows same-sex couples equal access to adoption procedures and in vitro fertilisation treatment. It also gives same-sex couples the same rights as opposite sex couples in areas such as transfer of property, medical treatment, and inheritance upon the death of a partner. A same-sex couple who utilise artificial insemination or 'in vitro' fertilisation treatment together (i.e. both parties present as a couple throughout the treatment) are able to have both names on the birth certificate once the child is born. ^[75]

Recognition of married trans people

In October 2007, the Administrative Appeals Tribunal overturned a decision by the foreign affairs department refusing to issue a transgender woman a passport listing her as female because she is married to a woman. The tribunal ordered that she be issued a passport listing her as female, in accordance with her other official documents, thereby recognising the existence of a marriage between two persons who are legally recognised as female.^[76]

Summary of rights

Homosexuality legal	Y	SA since 1975; ACT since 1976; VIC since 1980; NSW and NT since 1984; WA since 1989; QLD since 1990; Norfolk Island since 1993; Commonwealth since 1994; Tasmania since 1997.
Equal age of consent	N	All states have an equal age of consent, except QLD (16 for non-anal sex, 18 for anal sex in QLD).
Anti-discrimination laws in employment	Y	All of Australia.
Anti-discrimination laws in the provision of goods and services	Y	All states and territories.
	N	Commonwealth.
Anti-discrimination laws in all other areas (including indirect discrimination, hate speech)	Y	All states and territories.
	N	Commonwealth.
Recognition of same-sex couples	Y	Relationship registries in ACT, TAS and VIC. Unregistered cohabitation or de facto status in most areas of Australian legislation since 2009.
Full joint adoption by same-sex couples	Y	WA, ACT (stepchild adoption in TAS). NSW and VIC considering adoption in 2009.
	N	NSW, VIC, NT, QLD, SA.
Altruistic surrogacy	Y	ACT, WA and VIC (1.1.2010). Undergoing inqury in NSW, NT, SA, QLD and TAS. No surrogacy laws in NSW and NT.
	N	SA, QLD and TAS.
Access to IVF for lesbians	Y	ACT, NSW, NT, QLD, TAS, WA and VIC (1.1.2010).
	N	SA.
Parentage (with IVF) for lesbians	Y	Commonwealth Government, ACT, NSW, NT, WA and VIC (1.1.2010). TAS and QLD considering parentage in 2009.
	N	SA.
Homosexuals allowed to serve in the military	Y	Commonwealth legislation since 1992.
Right to change legal gender	Y	All areas of Australian legislation since 2006.
MSMs allowed to donate blood	N	12 month deferral (abstinence) period. Under review
This box: view • talk • edit

The 2009 Legal situation regarding the recognition of relationships in Australia:

	De facto relationships status	Registered relationships status	Anti-discrimination legislation	Adoption and foster parenting	Parentage presumptions	Access to assisted reproduction technology
ACT	Y	Y	Y	Y	Y	Y
Commonwealth of Australia	Y	N	N	Y (Family law)	Y (Family law)	Y (Family law)
New South Wales	Y	N	Y	N (under review)	Y	Y
Norfolk Island	Y	N	Y	Y	Y	Y
Northern Territory	Y	N	Y	N	Y	Y
Queensland	Y	N	Y	N	N (but under review)	Y
South Australia	Y	N	Y	N	N	N
Tasmania	Y	Y	Y	Y	Y	Y
Victoria	Y	Y	Y	N	Y	Y
Western Australia	Y	N	Y	Y	Y	Y

See also

• List of gay-rights organizations
• 2004 in gay rights
• Civil Unions Act 2006
• LGBT adoption
• LGBT rights by country
• LGBT rights in Australia
• Human Rights in Australia
• Homosexuality laws of the world
• Domestic partnership in Tasmania
• Domestic partnership

References

External links

Wikinews has related news: Portal:Australia/Same-sex marriage in Australia

• Kirby's call answered on judges' same-sex pension The Australian (5 Dec 2007)
• Gays welcome new support NEWS.com.au (3 Dec 2007)
• Study on homophobia in Australia PDF Australia Institute (July 2005)
• Family Law and how to use it

News articles

• "PM joins opposition to gay marriage as cleric's election stalls". The Sydney Morning Herald. 6 August 2003. http://www.smh.com.au/articles/2003/08/05/1060064192644.html. 
• "Sydney council first to recognise gay couples". Australian Broadcasting Corporation. 14 August 2003. http://www.abc.net.au/news/stories/2003/08/14/924001.htm. 
• "Love, honour and gay". The Bulletin. 3 October 2003. http://bulletin.ninemsn.com.au/bulletin/eddesk.nsf/All/2D26D307FF4C9E29CA256D8A000574E9. 
• "Latham promises same sex rights". The Age. 4 January 2004. http://www.theage.com.au/articles/2004/01/04/1073151194612.html. 
• "Latham flirts with prejudice over gay marriage ban". Greens WA. 2 February 2004. http://wa.greens.org.au/items/Media_Release.2004-02-04.4217. 
• "Labor Right sinks same-sex scheme". The Age. 3 February 2004. http://www.theage.com.au/articles/2004/02/02/1075570359424.html?from=storyrhs. 
• "Same-sex wedding fever". The Sydney Morning Herald. 16 February 2004. http://www.smh.com.au/articles/2004/02/15/1076779837706.html. 
• "Coalition, Labor pass same-sex marriage ban". Australian Broadcasting Corporation. 13 August 2004. http://www.abc.net.au/news/newsitems/200408/s1176303.htm. 
• "Liberal party lashed as bigoted and anti-gay". The Age Newspaper. 20 November 2005. http://www.theage.com.au/news/national/liberals-lashed-as-bigoted-and-antigay/2005/11/19/1132017026226.html. 
• "John Howard's love and disappointment". The Sydney Morning Herald. 21 July 2004. http://www.smh.com.au/articles/2004/07/21/1090089221879.html. 
• "Tas Parliament scuttles gay marriage move". Australian Broadcasting Corporation. 1 December 2005. http://www.abc.net.au/news/stories/2005/12/01/1520586.htm. 
• "Gay couples get ACT recognition". Australian Broadcasting Corporation. 2 December 2005. http://www.abc.net.au/news/stories/2005/12/02/1521640.htm. 
• "PM opposes gay marriage". Australian Broadcasting Corporation. 22 December 2005. http://www.abc.net.au/news/stories/2005/12/22/1536619.htm. 
• "Ruddock threatens ACT same-sex union laws". Australian Broadcasting Corporation. 30 March 2006. http://www.abc.net.au/news/stories/2006/03/30/1604208.htm. 
• "ACT senator rejects call to support civil unions bill". Australian Broadcasting Corporation. 31 March 2006. http://www.abc.net.au/news/stories/2006/03/31/1605195.htm. 
• "ACT passes same-sex couples law". Australian Broadcasting Corporation. 12 May 2006. http://www.abc.net.au/news/stories/2006/05/12/1636640.htm. 
• "Australians don't support gay marriage: Howard". Australian Broadcasting Corporation. 23 May 2006. http://www.abc.net.au/news/stories/2006/05/23/1644777.htm. 
• "North Qld MP backs same sex couple recognition". Australian Broadcasting Corporation. 26 May 2006. http://www.abc.net.au/news/stories/2006/05/26/1647796.htm. 
• "Civil unions a step too far: Howard". Australian Broadcasting Corporation. 8 June 2006. http://www.abc.net.au/news/stories/2006/06/08/1658683.htm. 
• "Gay groups lobby senators over ACT civil union law". Australian Broadcasting Corporation. 10 June 2006. http://www.abc.net.au/news/stories/2006/06/10/1659967.htm. 
• "Why, oh why can't I have a civil union?". The Age. 10 June 2006. http://www.theage.com.au/news/in-depth/why-oh-why-cant-i-have-a-civil-union/2006/06/09/1149815316575.html. 
• "G-G to disallow civil unions laws". Australian Broadcasting Corporation. 13 June 2006. http://www.abc.net.au/news/stories/2006/06/13/1661737.htm. 
• "Senators fail to reinstate civil union laws". Australian Broadcasting Corporation. 15 June 2006. http://www.abc.net.au/news/stories/2006/06/15/1663798.htm. 
• "Advocate welcomes WA Nationals' support for same sex unions". Australian Broadcasting Corporation. 5 August 2006. http://www.abc.net.au/news/stories/2006/08/05/1707053.htm. 
• "WA Nationals leader won't pursue same-sex unions". Australian Broadcasting Corporation. 6 August 2006. http://www.abc.net.au/news/stories/2006/08/06/1707305.htm. 
• "Equal rights closer for ACT gay couples". The Australian. 12 December 2006. http://www.theaustralian.news.com.au/story/0,20867,20916301-1702,00.html. 
• "Same-sex union Bill blocked again". AAP. 6 February 2007. http://www.news.com.au/story/0,10117,21183891-1702,00.html?from=public_rss. 
• "Ruddock blocks gay union plan". The Age. 7 February 2007. http://www.theage.com.au/news/national/ruddock-blocks-gay-union-plan/2007/02/06/1170524094682.html. 
• "Ceremony not for gays, says Ruddock". The Age. 8 February 2007. http://www.theage.com.au/news/national/ceremony-not-for-gays-says-ruddock/2007/02/07/1170524164173.html. 
• "Gay Equality Too Costly: RUDDOCK". Sydney Star Observer. 5 March 2007. http://www.ssonet.com.au/display.asp?ArticleID=6485. 
• "Relationship Register Refused". Sydney Star Observer. 16 August 2007. http://www.ssonet.com.au/display.asp?ArticleID=6877. 
• "Howard rejects equal rights for gay Australians". Pinknews.co.uk. 13 September 2007. http://www.pinknews.co.uk/news/articles/2005-5449.html. 
• "Lib MPs back call for gay law reform". The Australian. 21 September 2007. http://www.theaustralian.news.com.au/story/0,25197,22455085-11949,00.html. 
• "Greens push for same-sex relationship rights". Australian Broadcasting Corporation. 11 October 2007. http://www.abc.net.au/news/stories/2007/10/11/2057188.htm?section=australia. 
• "Archbishop of Sydney George Pell backs discrimination against gays". Australian Broadcasting Corporation. 30 October 2007. http://www.abc.net.au/news/stories/2007/10/30/2074861.htm. 
• "Turnbull pledges death benefits for some same-sex couples". Australian Broadcasting Corporation. 7 November 2007. http://www.abc.net.au/news/stories/2007/11/07/2084770.htm. 
• "ACT to push again for gay civil unions". The Australian. 27 November 2007. http://www.theaustralian.news.com.au/story/0,25197,22829046-2702,00.html. 
• "Law will recognise gay unions". The Sydney Morning Herald. 1 December 2007. http://www.smh.com.au/news/national/law-will-recognise-gay-unions/2007/11/30/1196394622498.html. 
• "Nelson supports gay legal rights". Australian Broadcasting Corporation. 2 December 2007. http://www.abc.net.au/news/stories/2007/12/02/2107227.htm. 
• "Register for gay, de facto couples". The Age. 5 Decemberundefined2007. http://www.theage.com.au/news/national/register-for-gay-de-facto-couples/2007/12/04/1196530678387.html. 
• "Stanhope digs in on gay unions". The Canberra Times. 5 Decemberundefined2007. http://canberra.yourguide.com.au/news/local/general/stanhope-digs-in-on-gay-unions/1098721.html. 
• "ALP call to unite on gay reforms". The Australian. 6 Decemberundefined2007. http://www.theaustralian.news.com.au/story/0,25197,22877869-2702,00.html. 
• "Rudd 'won't interfere' in ACT civil unions bill". Australian Broadcasting Corporation. 6 December 2007. http://www.abc.net.au/news/stories/2007/12/06/2111980.htm?section=justin. 
• "ACT to delay gay union laws". The Sydney Morning Herald. 7 December 2007. http://www.smh.com.au/news/National/ACT-to-delay-gay-union-laws/2007/12/07/1196813010410.html. 
• "Lobby group concerned over watered-down gay partnerships". Australian Broadcasting Corporation. 8 December 2007. http://www.abc.net.au/news/stories/2007/12/08/2113382.htm. 
• "Civil union re-think". Bnews. 12 December 2007. http://www.bnews.net.au/content/view/863/1/. 
• "Relationships register productive: Rudd". The Sydney Morning Herald. 16 December 2007. http://news.smh.com.au/relationships-register-productive-rudd/20071216-1hf7.html. 
• "Civil unions for gays". The Daily Telegraph. 16 December 2007. http://www.news.com.au/dailytelegraph/story/0,22049,22930505-5001021,00.html. 
• "PM denies 'secret plan' to allow gay unions". Australian Broadcasting Corporation. 16 December 2007. http://www.abc.net.au/news/stories/2007/12/16/2120051.htm. 
• "Registry wins gay support". The Mercury. 17 December 2007. http://www.news.com.au/mercury/story/0,22884,22935535-3462,00.html. 
• "No Labor plans to allow gay marriage". The Australian. 17 December 2007. http://www.theaustralian.news.com.au/story/0,25197,22934559-5013871,00.html. 
• "Christian lobby supports PM's same-sex stance". Australian Broadcasting Corporation. 17 December 2007. http://www.abc.net.au/news/stories/2007/12/17/2121095.htm. 
• "Recognition Of Same-Sex Couples Advances In Australia". 365gay.com News. 2 January 2008. http://www.365gay.com/Newscon08/01/010208oz.htm. 
• "Lesbian senator committed to fight for gay equality". Pinknews.co.uk. 3 January 2008. http://www.pinknews.co.uk/news/articles/2005-6451.html. 
• "Anglican archbishop spurs opposition to gays". The Age. 4 January 2008. http://www.theage.com.au/news/national/anglican-archbishop-spurs-opposition-to-gays/2008/01/03/1198949988088.html. 
• "New 'divorce' rights for Australian gay couples". Pinknews.co.uk. 4 January 2008. http://www.pinknews.co.uk/news/articles/2005-6458.html. 
• "New Push For Civil Unions Bill". Sydney Star Observer. 24 January 2008. http://www.ssonet.com.au/display.asp?ArticleID=7673. 
• "Canberra Rally For Civil Unions". Sydney Star Observer. 31 January 2008. http://www.ssonet.com.au/display.asp?ArticleID=7708. 
• "ACT wants resolution to gay stand-off". AAP. 2 February 2008. http://news.ninemsn.com.au/article.aspx?id=305235. 
• "ACT Takes A Stand For Ceremonies". Sydney Star Observer. 7 February 2008. http://www.ssonet.com.au/display.asp?ArticleID=7750. 
• "Public gay unions 'unacceptable'". The Australian. 7 February 2008. http://www.theaustralian.news.com.au/story/0,25197,23173366-26103,00.html. 
• "ACT civil partnerships issue will cause government rift: Brown". 7 February 2008. http://www.abc.net.au/news/stories/2008/02/07/2157100.htm?section=justin. 
• "Govt slammed over gay unions". The Canberra Times. 10 February 2008. http://canberra.yourguide.com.au/news/local/general/govt-slammed-over-gay-unions/1179436.html. 
• "ACT’s Civil Partnerships Bill in jeopardy". SX News. 13 February 2008. http://sxnews.e-p.net.au/news/act-s-civil-partnerships-bill-in-jeopardy-2384.html. 
• "100 laws ignore same-sex couples". The Australian. 1 March 2008. http://www.theaustralian.news.com.au/story/0,25197,23300057-5013871,00.html. 
• "Govt urged to act on same-sex discrimination". Australian Broadcasting Corporation. 5 March 2008. http://www.abc.net.au/news/stories/2008/03/05/2180207.htm. 

Other

• ACT civil union fact sheet
• ACT government press release
• Australia National Laws
• Understanding Your Legal Rights - Same Sex : Lawlink NSW Legal Rights for Lesbians and Gay Men ... A Brief Introduction
• Recognition of same-sex relationships - an international and comparative perspective.
• World conference on LGBT rights

On the Marriage Amendment Bill

Senate Hansard speeches

• Andrew Bartlett (Democrats)
• Michael Forshaw (ALP)
• Kerry Nettle (The Greens)
• Santo Santoro (Liberals) -- by leave

Divisions

• Second Reading
• In committee (on amendments proposed by Greens and Democrat senators)
• Third reading

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