The ACT is set to have Australia's most progressive laws to formally recognise same-sex relationships, after Jon Stanhope announced on 2 December 2005 that the government will introduce legislation for civil-unions early next year. Civil unions will be legally equivalent to marriage under ACT law and will be available to both same-sex and different-sex couples.
See story update: ACT passes same-sex civil unions. (12 May, 2006)
The announcement follows a long period of consultation, and the GLBTI law reform that occured in 2003. Under the last round of reform, same-sex couples were given equal rights under ACT law as different-sex de-facto couples. Civil-unions will provide rights so far only enjoyed by different-sex couples, such as property rights.
The legislation should be introduced around March next year and with the government's majority in the Legislative Assembly, it is almost certain to be passed and become law. The civil unions would not be recognised under federal law, and some rights given to married couples under federal law, such as taxation, social security, Medicare and veteran's entitlements for spouses, will still be denied to same-sex couples.
In the discussion paper [pdf 155kb] distributed by the ACT Government, three options for the recognition of same-sex relationships were considered. These options were registration, civil-unions and marriage:
- The registration model was recently adopted by the Tasmanian government and provides a way to formally register a relationship, but does not grant all the rights given to married couples.
- The civil union model has been adopted in many juristictions worldwide, including New Zealand, but not yet anywhere in Australia.
- Same-sex marriage is available in some countries, but not yet in Australia. There were some concerns that by legislating for same-sex marriage, the ACT government might be overruled by the Federal Howard Government.
“Recognition of same-sex partnerships is occurring in many places throughout the world,” Mr Stanhope said. “Tasmania recently legislated for same-sex registration, and the United Kingdom’s civil union regime comes into force on Monday next week. Just yesterday, the South African Constitutional Court found in favour of same-sex marriage. The proposed ACT legislation will be closely modelled on the New Zealand Act.
“The approach being taken here in the ACT is a reasonable and reasoned one, that will deliver symbolic and legal equity.”
Nerida Cole, spokesperson for Good Process, the ACT's GLBTI law reform lobby, said “the Relationship scheme will give couples, regardless of their gender, the option to have their relationship formally recognised in ACT law. Such recognition may assist in events such as a medical emergency or upon the death of a partner, when it can sometimes be complicated to prove the existence of a relationship under existing laws
“Support for implementing a relationship scheme in the ACT has come from many significant groups including the ACT Human Rights Office, Women’s Legal Centre, Family Law Committee of the ACT Law Society, Consumer Law Centre and Canberra Quakers. This support shows that the ACT community is aware of the benefits that will flow from this scheme.”
“In addition to providing formal territory government recognition of relationships, the introduction of the scheme will hopefully assist in addressing homophobia in the Canberra community. The scheme will ensure that relationships, regardless of gender, are treated equally by employers and service providers in the ACT, removing discrimination on the basis of relationship status” Ms Cole continued.
Good Process pointed out that there are still ACT laws that discriminate against GLBTI people, and urges the Stanhope Government to continue the law reform process.
Because the announced laws provide for official ceremonies and allow interstate residents to have a civil union in the ACT, "same-sex couples will pour in from NSW and Victoria seeking official certification and celebration of the union," said Rodney Croome on his blog, "...get ready, Canberran retailers, for one big shot in the arm".
Not everyone was happy with the news. Jim Wallace of the Australian Christian Lobby said that "what it does, and this is what the homosexual lobby's intention has been, it certainly gives them the opportunity to mock marriage".