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ACT Attorney-General Simon Corbell joined GLBT rights activists and lobby groups in condemning the federal government’s decision to overrule the ACT’s Civil Partnerships Bill, which includes a ceremonial aspect.
Corbell accused Prime Minister Kevin Rudd of pandering to the “extreme Christian right” with the “undemocratic” move.
“They feel that it’s more important to satisfy their views than accept that the ACT is self-governing and has the right to make these laws for itself,” Corbell announced this week.
In December last year, Rudd indicated that he would not exercise Commonwealth power to veto state and territory policies on same-sex marriage and partnerships.
“States and territories are answerable to their own jurisdictions … they are accountable to their constituents,” said Rudd. His decision follows former PM John Howard’s 2006 move against ACT civil unions that included a ceremonial aspect.
Federal Attorney-General Robert McClelland confirmed that the government wants nationally consistent state and territory legislation. “The government made clear to the ACT that it would not accept legislation that mimics marriage,” McClelland said in statement.
Corbell reluctantly accepted the government’s recommendation to change the Bill to allow couples to register their relationships, but any ceremony they may choose to have will have no legal recognition. The amended Bill will be presented to parliament next week.
GLBT lobby groups have expressed frustration at the interference.
Canberra’s Campaign for Civil Unions spokesperson Rebecca Leighton said that the Rudd government’s stance “reinforces the unequal status of the gay and lesbian community under Australian law”.
Peter Furness, National Convenor of Australian Marriage Equality, said that because many people overseas had been granted full equality, Australians should expect the same. “Those days when the gay and lesbian community was so grateful for a few crumbs from the table are well and truly over,” he told SX.
Federal ACT Labor politicians have drawn criticism for remaining silent on the government’s intervention with ACT law.
ACT Chief Minister Jon Stanhope told the media that he was “embarrassed” by his colleagues and Rudd, while ACT Greens MLA Deb Foskey said the ACT government is “letting its federal colleagues off the hook”.
Labor members who have refused to condemn the move include Housing Minister Tanya Plibersek, ACT federal Labor members Bob McMullan and Annette Ellis, and ACT Labor senator Kate Lundy.
The intervention comes a week after the Rudd government announced its intention to remove financial discrimination against same-sex couples in over 100 federal laws, addressing areas such as social security, taxation and superannuation, as part of the May 13 Budget.
Opposition Leader Brendan Nelson gave in-principle support to the reforms, though it remains to be seen if Coalition senators agree. If passed, the laws may change in July. Rodney Croome, Australian Coalition for Equality spokesperson, told SX that the federal government may be trying to “hose down” opposition to its intervention in the ACT by announcing its federal de facto reforms within the same week.
“De facto reform is an important step forward, and the intervention in the ACT is a tragedy,” said Croome.
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