Recognition of Same-

Sex Relationships
(Was slow and haphazard)
• Historically, there were no major prejudices against
people who engaged in same-sex relationships.

• The Ancient Greeks even encouraged older men to

have relationships with younger ones as a way to
support and guide them through life.

• However, with the Judaean/Christian religion taking

prominence there developed a general dislike of
these relationships and this is what was imported to
Australia with colonisation.
 EARLY LEGAL RESPONSES

• Homosexuality was covered by the Crimes Act and was a

criminal offence with jail time for convictions – First
removed in South Australia in 1972 and eventually NSW in
1984

• Protection against discriminations were given:

 with sect 49 of Anti-Discrimination Act 1977(NSW) – and set a
possible 3 month jail term for those convicted – this act was
amended in 1982 to prohibit discrimination on the grounds of
homosexuality

 Sect 5A of Sex Discrimination Act (Cth) 1984

• In 1995, in the Hope and Brown v NIB case , these two men
successfully argued that the NIB health Fund had
discriminated against them on the basis of their sexual
orientation – it had refused to grant a ‘family’ policy to them
and their 2 year old son.

• In 1996, same-sex relationships were further recognised by

being counted in the Census for the first time in Australia.

• In 1994/5, the Industrial Relations Commission of NSW

pursued 2 test cases – the Family Leave Test case and the
Personal Carers Leave Test case, giving further rights to same-
sex couples
• The De Facto Relationships Act 1984 (NSW) which was
passed to protect the rights of de facto couples, is amended
to the Property (Relationship) Legislation Amendment Act
(NSW) in 1999.

• But its not until 2002, that the Miscellaneous Act

Amendment (Relationship) NSW was amended to
include same-sex couples in definition of de facto.

• Continuing the roll towards equality, the widely

impacting Miscellaneous Acts Amendment (Same-
Sex Relationships) Act 2008 and the Same –Sex
Relationships(Equal Treatment in Commonwealth
Laws –General Law reform) Act 2008 are passed.
 The fight for Marriage Equality
• International recognition of same-sex marriage since
2001 has grown at a fast pace:
2001 Netherlands, 2003 Belgium, 2005 Canada & Spain,
2006 South Africa, 2009 Norway & Sweden, 2013 New Zealand & France
2014 England, Wales & Scotland, 2015 Ireland & USA

• Between 2006 - 2016, the Australian Parliament had

some 18 different marriage Amendment Bills
introduced – that either elapsed or failed

• Biggest advocates being: Bob Brown (Greens), Penny

Wong, Michael Kirby (former HC Judge)
• The Relationships Register Act 2010 (NSW) was
passed which permitted same-sex couples to register
their relationships with the NSW Registry of Births,
Deaths and Marriages.
• The Galaxy research polling between 2009 -2015 showed:
64% of Australians supported marriage equality
53% of Christians supported marriage equality
76% of Coalition voters wanted Mr Abbot to allow a conscience vote
75% believe the reform was inevitable
81% of young people (18-24) supported marriage equality

• These figures were a significant advance on 2004 figures, when

a Newspoll commissioned by SBS found that only 38% of
Australians supported the reform

• In 2013, the ACT passed the Marriage Equality (Same Sex) Act ,
which allowed same-sex couples to marry. The federal
government challenged the legality of this legislation under the
division of powers contained in the Constitution. The High Court
found that the ACT law could not operate concurrently with the
federal Marriage Act 1961 (Cth) and was therefore of no effect.
• Gay marriage in Australia unlikely for years
after public vote plan rejected
By Ben Westcott, CNN October 11, 2016

• https://edition.cnn.com/2016/10/11/asia/australi
a-gay-marriage-plebiscite-delayed/index.html

• In 2017 a national plebiscite was conducted for

people to vote yes/no to the legislation of same-
sex marriage.
• The people had
spoken
 Australian parliament approves same-sex marriage
7 December 2017 BBC News

Same-sex marriage will become legal in Australia after a historic bill was passed in
the House of Representatives.

An overwhelming majority of MPs voted to change the Marriage Act, eight days after
a similarly decisive result in the Senate.

The result brings an end to more than a decade of robust and often bitter debate on
the issue.

The legislation sailed through parliament without amendments after

Australians overwhelmingly supported the reform in a voluntary national poll.

• https://www.bbc.com/news/world-australia-42260548
• So Australia became the 26th country to
legalise same-sex marriage.

• Marriage Act 1961 (Cth) was amended with

the Marriage Amendment (Definition and
Religious Freedoms) Act 2017 (Cth) and
defined now as:
“as a union of 2 people to the exclusion of
all others, voluntarily entered into for life”
 NON-LEGAL RESPONSES
• The Australian Human Rights Commission

• Australian Marriage Equality lobby group

• The Gay and Lesbian Rights Lobby

 HOMEWORK
• P.384-386

Complete review 12.10 on page 368