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Ammendment to Ban Gay Marriage

Breaking News

On Friday 13th August 2004 the Bill ammending the Mariage Act was passed defining marriage as between a man and a women. The Bill also stopped Australia from hveing to recognise same sex marriages legally officated overseas. The bill was supported by both the major parties, but not the minor parties (Greens and Democrats). The had of the Equality Network Rodney Croome has stated that they aree now looking at the ammednment to see whether a legal challenge inthe High Court of Australia may be mounted.

Updated August 9th 2004

In a surprise announcement the opposition party in federal Australian Politics has announced they will back an amendment to ban gay marriage. Gay and Lesbian activists have denounced the announcement which was made by the shadow Attorney General Nicola Roxen at a meeting of Christian Right Wingers in Canberra on Wednesday.

The amendment if passed would insert the words: " Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life ." Into the Marriage Act.

The amendment has already been passed in the lower house of Australian Federal Politics and had been sent to the Senate (Upper House) Committee to stall the amendment until after the elections which must e held by November 2004.

The bill is pure discrimination and serves no purpose other than disenfranchising gays and lesbians. The bill will further un-equalise an already unequal society where heterosexual couples can have their relationships legally recognized but not same sex couples.

Help Support Equity for Marriage

Australia has a new group dedicated to campaigning for same sex couple equality under Australia's marriage laws. Australian Marriage Equality (or AME for short), is made up of concerned supporters of lesbian, gay, bisexual and transgender people from most states and territories. Together, we campaign for law reform and attitudinal change necessary to allow same sex couples to marry. Please visit their website and help by signing the petition.

http://www.australianmarriageequality.com/

Australian Government Moves to Ban Gay Marriage

The Federal Conservative Government of Australian has tabled legislation that will ban gay marriage and stop same sex couples from adopting children in Australia or outside of Australia. Whilst granting superannuation rights to people in Interdependent relationships.

What does this mean?

This legislation if passed would cripple our push for same sex relationships to be legally recognized giving us the same legal recognition afforded to heterosexual married and de facto couples.

The Major Party’s View

The Australian Labor Party has been unclear in its support or dissent against the bill, with the Shadow Attorney General stating the Government would support the Bill, whilst at the same time stating that they believe that same sex relationships should be afforded the same recognition that heterosexual relationships get.

The Government has said that this is not an attack on Gays and Lesbians and has pointed to the

What is this really about?

The government will be seeking re election sometime in the next few months with an August 7th date rumored to be the federal election day, and this issue will serve to remove the focus from Iraq.

What do we want?

  1. We want the bill stopped but if not:
  2. Delay the Bill in both the lower and upper houses until after the election
  3. A new amendment recognizing same sex relationships through either a de facto test or through a civil register administered by the government.

How can you help?

Contact Your Local Member
Contact your local Member of Federal Parliament and tell them to vote against the Amendment - List of Federal Members.

Contact the Leader of the Opposition
Contact the Leader of the opposition to ensure there is strong opposition to the amendment in next week’s Labor Caucus meeting in which Labor will determine it’s stance on this Bill. – Telephone (02) 6277 7111 and ask for Mr Latham's Office

Contact the Prime Minister's Office
Contact the Prime Minister's Office and leave a message that this bill is pure discrimination and serves no purpose other than to create a crisis before Federal Election. – Telephone (02) 6277 7111 or use the link

http://www.pm.gov.au/email.cfm

Petition

www.gopetition.com/online/4457.html

Draft Letters

Or write a letter to Latham yourself. Below is a model letter drafted by gay rights activist Rodney Croome, with postal and email addresses for Latham and shadow attorney-general Nicola Roxon.

Croome has also drafted model letters to Senator Meg Lees, leader of the Australian Progressive Alliance, and independent Tasmanian senator Shayne Murphy.

Federal Labor Leader Mark Latham
C/o Parliament House
Canberra, 2600
M.Latham.MP@aph.gov.au
Cc: Ms Nicola Roxon
Shadow Attorney-General
Nicola.Roxon.MP@aph.gov.au

re: amendments to the marriage Act and legislation governing overseas adoptions

Dear Mr Latham,

I am writing to ask the Australian Labor Party to oppose Government legislation which will entrench marriage as the union of a man and a woman, and prohibit same sex couples adopting children from overseas.

The Government's legislative amendments send out the clear messages that same sex relationships are second rate and that parenting by lesbian, gay, bisexual and transgender people is a threat to children.

These messages are not acceptable. They foster the stigma already endured by same sex couples and their children and would not be endorsed by the majority of Australians.

If the Labor Party cannot oppose these amendments outright I urge you to send the legislation to a Senate Committee inquiry for the following reasons.

The Government's amendments to the Marriage Act raise many legal and constitutional issues.

They include,

a) the relationship between the Marriage Act and the marriage powers of the Commonwealth Constitution,
b) our compliance with obligations under the Hague Convention on the Recognition of Foreign Marriages
c) international comity as the Government's legislation will involve Australia refusing to recognise the valid marriages of Canadians and people from other countries which permit same sex marriage,
d) violation of Australia's international human rights obligations to prevent discrimination on the grounds of sexual orientation,
e) undermining the proper role of the common law in allowing the definition of marriage to keep pace with changing attitudes as it has in the past,
f) preventing Australian citizens from accessing the national justice system to make a claim on equal treatment, and
g) use of the law to reinforce stigma and prejudice against same sex relationships.

The Government's amendments to legislation governing overseas adoptions also raise many legal and constitutional issues. They include,

a) the Federal Government's misuse of the External Affairs power to enact legislation in an area over which the Commonwealth has no Constitutional power, namely the welfare of children,
b) legal and constitutional inconsistencies between the Government's use of international agreements to entrench discrimination and Australia's international obligations to remove discrimination,
c) direct violation of Australia's international human rights obligations to prevent discrimination on the grounds of sexual orientation,
d) banning known child overseas adoptions, including the adoption of children living in foreign countries which allow overseas same sex couple adoption and who would benefit from being adopted by an Australian relative in a same sex relationship, and
e) use of the law to reinforce stigma and prejudice against same sex couples and their children.

Clearly the Government's legislation will have a radical impact in many areas of law and on many aspects of Australian society. It therefore requires the kind of mature reflection and detailed examination which only a Senate Committee can bring to bear.

Thank you for your time and I look forward to your response.

Yours sincerely,

(Name)



Senator Meg Lees
Senator for South Australia
Leader, Australian Progressive Alliance
senator.lees@aph.gov.au
Tel: (02) 6277 3991
Fax: (02) 6277 3996

re: amendments to the marriage Act and legislation governing overseas adoptions

Dear Senator Lees,

I am writing to ask you to oppose Government legislation which will entrench marriage as the union of a man and a woman, and prohibit same sex couples adopting children from overseas.

The Government's legislative amendments send out the clear messages that same sex relationships are second rate and that parenting by lesbian, gay, bisexual and transgender people is a threat to children.

These messages are not acceptable. They foster the stigma already endured by same sex couples and their children and would not be endorsed by the majority of Australians.

If you cannot oppose these amendments outright I urge you to send the legislation to a Senate Committee inquiry for the following reasons.

The Government's amendments to the Marriage Act raise many legal and constitutional issues. They include,

a) the relationship between the Marriage Act and the marriage powers of the Commonwealth Constitution,
b) our compliance with obligations under the Hague Convention on the Recognition of Foreign Marriages
c) international comity as the Government's legislation will involve Australia refusing to recognise the valid marriages of Canadians and people from other countries which permit same sex marriage,
d) violation of Australia's international human rights obligations to prevent discrimination on the grounds of sexual orientation,
e) undermining the proper role of the common law in allowing the definition of marriage to keep pace with changing attitudes as it has in the past,
f) preventing Australian citizens from accessing the national justice system to make a claim on equal treatment, and
g) use of the law to re-inforce stigma and prejudice against same sex relationships.

The Government's amendments to legislation governing overseas adoptions also raise many legal and constitutional issues. They include,

a) the Federal Government's misuse of the External Affairs power to enact legislation in an area over which the Commonwealth has no Constitutional power, namely the welfare of children,
b) legal and constitutional inconsistencies between the Government's use of international agreements to entrench discrimination and Australia's international obligations to remove discrimination,
c) direct violation of Australia's international human rights obligations to prevent discrimination on the grounds of sexual orientation,
d) banning known child overseas adoptions, including the adoption of children living in foreign countries which allow overseas same sex couple adoption and who would benefit from being adopted by an Australian relative in a same sex relationship, and
e) use of the law to re-inforce stigma and prejudice against same sex couples and their children.

Clearly the Government's legislation will have a radical impact in many areas of law and on many aspects of Australian society. It therefore requires the kind of mature reflection and detailed examination which only a Senate Committee can bring to bear.

Thank you for your time and I look forward to your response.

Yours Sincerely,

(Name)
(source)

Bottom Line

If this legislation does pass then same sex couples will have no legal recognition of their relationship. It sends a very bad signal to the community that same sex relationships are not real relationships!

Links:

The legislation - http://parlinfoweb.aph.gov.au/piweb/browse.aspx?NodeID=104