Australia's first civil union scheme, and just the second system of formal recognition of same-sex relationships in Australia, was passed by the Australian Capital Territory Legislative Assembly last night, Thursday 11 May 2006.
See story update: Howard government overides ACT civil unions
Same-sex and different-sex couples will soon be able to have ceremonies to celebrate their relationship, and have it recognised as a Civil Union. Civil Unions will be treated the same way that marriages are under ACT law. Some things, such as Medicare and taxes, are federal laws, and won't recognise Civil Unions. (See our earlier story on the Civil Union bill...) The local Labor and Greens Party MLAs voted for the Civil Union law, while the Liberal members voted against. It was a particularly special moment for the Assembly's newest member, Minister Andrew Barr, the ACT's first openly gay MLA.
The Federal Howard Government earlier displayed its prejudice and homophobia when Federal Attorney-General Phillip Ruddock inidicated he would use the powers of the Commonwealth Parliament to overide the ACT legislation. Overidding the legislation of a democratically elected goverment would have been a very controversial move.
In response, the ACT Government made some changes to reduce the chance the Federal Government would overide it. ACT Attorney-General, Simon Corbell, said "While I do not necessarily accept that that the Bill has the effect that Mr Ruddock claims, I am nevertheless happy to move these amendments to put these issues beyond doubt.
"Given these amendments there is no reason why the Commonwealth should override this legislation."
Phillip Ruddock has not yet said whether he will attempt to override the new law. Gay activist Rodney Croome said "If the Howard Government continues to oppose the ACT legislation despite these compromises, its motive will be exposed as pure prejudice against same-sex couples."
A significant aspect of the new law is that any couple can have a Civil Union in Canberra, and do not have to be residents. This means it is likely that gay and lesbian couples are likely to visit Canberra from all over Australia, and possibly from overseas to have official celebrations of their relationships. Their civil union will not necessarily be recognised by their home state.
Nerida Cole, of the local Good Process GLBTI law reform lobby group, hopes that this will be the first step for civil unions all over Australia: "I hope ... this sends a message that they can move to bring in a civil union scheme and hopefully have a civil union scheme in each jurisdiction of Australia that would allow for recognition of same-sex couples."