The ACT's same-sex couples have found themselves in a democratic controversy as the Howard government used the powers of the Governor General to strike-down the ACT's civil union law (read original story).
The move shocked many, as no law had been over-riden in this way before. The federal Labor party moved a motion to cancel the over-ride in the Senate. ACT Liberal Senator, Gary Humpries, crossed the floor against his party because of his concern about over-riding the law of a democratically elected government. Family First Senator Steve Fielding voted with the government, however, and the original over-ride to the ACT law remained.
“Mr Humphries stands alone as the only Coalition Senator prepared to stand up for the ACT’s rights,” ACT Chief Minister, Jon Stanhope, said. “But when his colleagues, elected representatives from around the country, had a historic opportunity to defend and uphold the very principles of democracy that brought them into the Senate Chamber in the first place, they squibbed.
“They abandoned 320,000 of their fellow Australians and they rubber-stamped the Prime Minister’s own disgraceful disenfranchisement of the people of the ACT, rendering the rights of Canberrans second-class rights, the democratic entitlements of Canberrans second-class entitlements.”
Federal Attorney General, Philip Ruddock argued that the ACT law, "providing as it did for civil celebrants, for a ceremony and adopting other characteristics of marriage was quite, quite provocative."
ACT Attorney General, Simon Corbell, declared that "this is a homophobic decision ... it is arrogant and undemocratic."
Jon Stanope argued that "if the Federal Government truly believed the Civil Unions Act offended against the Commonwealth Marriage Act it should have done the right thing and challenged the ACT law in the courts. It did not, for the simple reason that it knew it would not win. Instead, it has chosen to undermine cherished democratic processes and has used the bluntest instrument at its disposal, rendering every Canberran henceforth a second-class citizen."
“The Federal Government intervention is extremely disappointing not just to the many couples who were considering participating in the scheme, but also to the ACT residents who democratically elected the Stanhope government to the ACT Legislative Assembly at the last election with a policy position to implement a relationship scheme for same-sex couples” reported Nerida Cole, spokesperson for Good Process.