Red letter days
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One of the last acts of the Federal Coalition, before losing control of the Senate last week, was to send same-sex law reform to an inquiry. This has effectively stalled the Rudd government’s program of delivering equal treatment for same-sex couples until at least September 30, 2008. It’s now up to every gay and lesbian Australian to spend five minutes writing to the inquiry to show our support, to ensure these reforms are passed and discrimination is removed against same-sex couples. This guide will provide you the necessary information to prepare a brief submission to the senate inquiry about your personal experiences.
When the Marriage Act was sent to a Senate Inquiry, people supporting discrimination against same-sex couples made over 15,000 submissions. Each and every submission from our community will show a voice that is supportive of removing discrimination against same sex couples and our families. 1. Interdependent relationships. Some Coalition members want same-sex couples recognised as interdependent couples. This is unfair to same-sex partners because it mischaracterises us as companions. 2. Couple relationships. This is the umbrella term used by the Government to cover married and same- and opposite-sex de facto and state-registered couples. Some Coalition members want marriage removed from this category so it has a ‘special status’. We urge you to oppose this, because it inscribes into law a separate and potentially second-class status for same- and opposite-sex de facto and registered couples.
3. Protecting our children. Some Coalition members are concerned about recognising the children of same-sex couples. We urge you to support full and equal legal protection for all children, including those raised by same-sex couples. 1. Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008. This Bill recognises same-sex couples as defacto partners, and also recognises same-sex couples as the parents of children created as part of their relationship. It provides for a reversionary pension for the same-sex partner of a Commonwealth employee, and changes the private superannuation funds to allow same-sex partners to be recognised as a defacto couple.
2. Separate inquiries have also been established into the Evidence Amendment Bill 2008 and the Family Law Amendment (De Facto Financial Matters and other Measures) Bill 2008. Both these Bills remove discrimination against same-sex couples. The impact of this discrimination is outlined in the points below. We ask you to include these points in your submission. (Amendments to remove discrimination from the remaining 100 laws which fail to recognise same-sex couples will be introduced in an omnibus-style Bill later this year.) Tell the inquiry about yourself and how unequal treatment in law affects your day-to-day life. If you can, provide personal examples of discrimination you have faced. If you can’t, simply tell the inquiry how the changes will affect you. Here are six points you should also include: 1. The elimination of discrimination against same-sex couples in superannuation is urgent. The Human Rights and Equal Opportunity Commission (HREOC) has already conducted a thorough inquiry into the discrimination faced by same-sex partners. The elimination of discrimination is urgent for older and retired partners who currently experience financial insecurity and disadvantage in the absence of equal superannuation laws. 2. I strongly support the HREOC recommendation to expand the definition of ‘de facto partner’ to include same-sex partners. I oppose any attempt to mischaracterise same-sex partners as interdependents. In principle, eliminating discrimination against interdependent partners is important. However, this should not be allowed to delay the removal of discrimination against same-sex partners. 3. I strongly support the Government’s use of the umbrella term ‘couple relationship’ to describe all the relationships recognised by federal law. This is a simple and easy way for all legally-recognised relationships to be given equal legal entitlements. I strongly oppose removing marriage from the class of ‘couple relationships’. To do so would inscribe a second-class status for same- and opposite-sex defacto relationships. The law should not elevate one form of relationship over others. 4. I strongly support equal recognition and equal protection of the children born to and raised by same-sex couples. I agree with the HREOC inquiry finding that removing discrimination against same-sex partners in areas of law dealing with family and children is in the best interests of the child. 5. Same-sex defacto couples should not be compelled to testify against their partners in a court of law. This is an important recognition of the special status of a loving relationship between two individuals committed to a shared life. I support amendment to the Evidence Act which will equally recognise same-sex partners.
6. Disputes arising from the breakdown of same-sex relationships are best dealt with by the Family Court. This will reduce the cost and trauma associated with property and other disputes, and will ensure greater privacy for those involved. I support amendments to the Family Law Act which will provide equal access to the Family Court for same-sex partners.
Committee Secretary
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The Australian Coalition for Equality’s Corey Irlam explains how you can contribute to the latest campaign for equal rights.
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