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A loophole in new commonwealth laws banning gay marriage actually opens the way for Australian states and territories to pass their own same-sex marriage laws, according to Professor George Williams, pictured, a constitutional law expert. Williams has approved a bill proposed by the Tasmanian Greens that would allow same-sex marriages in their state noting that previous state laws on gay marriage would have overlapped with commonwealth laws, and would therefore have been unconstitutional. But because the new commonwealth laws defined marriage as a union between "a man and a woman to the exclusion of all others," they opened the way for states to pass laws without any overlap.

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[ 29 December 2005: Message edited by: Hephaestion ]

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Australian Prime Minister John Howard says he would never permit the passage of same-sex marriage or civil unions legislation.

Howard was asked by reporters about gay unions after same-sex couples began exchanging vows in Britain. 

"I would be opposed to it," said the P.M. "I think marriage is for men and women. That's why we amended the Marriage Act."

Howard's Liberal government passed legislation last year defining marriage as between a man and a woman.

The Prime Minister told reporters that his opposition to same-sex unions is not discrimination against gays and lesbians.

"But I believe very strongly that marriage is exclusively a union for life of a man and a woman to the exclusion of others."

Asked about civil unions, Howard declared that he also "would be opposed to the recognition of civil unions."

A gay civil rights group fighting for same-sex marriage said Howard's comments "embarrassed Australia in the eyes of the international community."

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Australian Prime Minister John Howard is facing a revolt within his Liberal Party a day after declaring he would never permit passage of legislation allowing same-sex marriage or civil unions.

[...]

The party revolt is led by Liberal backbencher Warren Entsch and nearly a dozen other MPs.

Entsch, who tangled with Howard over last year's bill to ban gay marriage, said Friday that the group is lobbying senior cabinet ministers. 

"I am fiercely heterosexual ... but having said that I have some dear (homosexual) friends that have been in relationships a lot longer than I have and are unconditionally committed and I would be a hypocrite if I said those people have less of an entitlement than I would," Entsch told the Morning Herald.

Judi Moylan, another Liberal member said that Howard's stand is putting Australia out of step with the rest of the world, adding that the Government will have to address the issue in the new year.

"It's a matter of fair and equitable treatment of people," she said. "I think a civil union is preferable, and I think it's good for people to make a commitment to the relationship."

But Howard got support from the opposition Labor Party. Leader Kim Beazley said Labor was opposed to gay and lesbian marriage, but suggested the party might support civil unions.

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[ 24 December 2005: Message edited by: Hephaestion ]

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Originally posted by Hephaestion:
*tsk* Fixed it...

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Now how about the title?

"Legal loophole may allow marriage in Oz after all."

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Originally posted by RealityBites:

Now how about the title?

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The Australian government of Prime Minister John Howard has moved to prevent same-sex couples from marrying in countries that recognize gay unions.

The government has instructed its embassies in Canada and in Europe to refuse to provide certificates to people they believe are gay stating that the individuals are single.

Some countries require proof from foreign nationals that people seeking to wed are not already married.

The government began sending out notices to its embassies last year, shortly after Howard's Liberal government passed legislation last year defining marriage as between a man and a woman.

The notices were signed by Attorney-General Philip Ruddock.

[...]

Although a copy of the directive was sent to the Australian High Commission in Canada, that country does not require CNI documents although marriage licenses ask marital status.

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Originally posted by Hephaestion:
The government has instructed its embassies in Canada and in Europe to refuse to provide certificates to people they believe are gay stating that the individuals are single.
[Emphasis mine.]

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Ah, no worries then. As soon as the first straight person is slightly inconvenienced, they'll call the whole thing off, eh?

Homophobes just hate it when their persecution of gays actually affects 'real people.'

[ 15 January 2006: Message edited by: Tape_342 ]

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Australian Prime Minister John Howard is fighting back against opposition within his own party over his refusal to support either same-sex civil marriage or civil partnerships.

"Mate, I am sorry. I just disagree with you," Howard told Liberal MP Warren Entsch at a caucus meeting on Monday.

On the surface Entsch would seem an unlikely champion of LGBT rights. A former crocodile farmer from the far north Queensland who rides Harleys and spouts some of the most colorful language in Parliament, Entsch was pressing Howard to support civil partnerships, similar to those in the UK.

"I've got no issue with my own sexuality ‹ I'm fiercely heterosexual ‹ but I will defend (same-sex couples') rights to any extent to ensure people in that situation are fairly treated," Entsch told The Age newspaper following the party meeting.

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While it's winter here in San Francisco, it's summer in St. Kilda, making it an ideal time for their Pride March featuring, well, mostly just a bunch of very ordinary-looking people walking down the street without a float in sight. Gay Aborigines marching under the Outblack flag received a rousing cheer. Photo gallery.

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A senior Australian cabinet minister has outraged gays and lesbians by suggesting they should give up the fight for same-sex marriage and be content that homosexuality is no longer a crime.

During a gathering of the Sydney Institute, a conservative think tank that holds regular public seminars and panel discussions, Treasurer Peter Costello was questioned by a lesbian couple about his government's refusal to consider either marriage or civil partnerships.

The couple, Dr. Kerryn Phelps, a former president of the Australian Medical Association, and partner Jackie Stricker, were married in 1998 in a ceremony that is not recognized by the government.

Costello said that his government was right in blocking legalized unions for gay couples because marriage should only apply to opposite-sex partnerships.

The cabinet minister said gay partners have the right to access each other's pensions and that was about as far as the government was prepared to go. 

He then said that "I think we do recognize the rights of gay and lesbian people in Australia. We do not criminalize conduct or behavior."

"I thought that was appalling. It was offensive. I found it suggesting that we were lucky that we weren't being thrown in jail," Stricker told the Australian Associated Press.

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[ 23 February 2006: Message edited by: Hephaestion ]

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Just what does "fiercely heterosexual" mean?

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With a week to go before Sydney celebrates gay Mardi Gras Australian Prime Minister John Howard is facing increasing pressure within his own Liberal government to provide civil partnerships for same-sex couples.

This weekend Warren Entsch, a Liberal MP from Queensland, said he is preparing a bill that would recognize gay and lesbian unions.

Entsch first signaled cracks in Howard's tough line approach to gay couples in December and now says he has a number of fellow Liberals who would support his bill - including some in Howard's own cabinet.

Entsch may seem to some like an unlikely champion of civil partnerships.He is heterosexual and a former crocodile trapper. But for Entsch it is a matter of civil rights.

"We want equal treatment for two people that are committed to each other," Entsch told The Sun-Herald newspaper.

"I'm not interested in promoting gay marriage and I'm not interested in Mardi Gras and all that stuff. I'm only interested in equal treatment under law."

[...]

When Mardi Gras rolls down Oxford Street next Saturday the world famous parade will feature three floats will promote equal marriage. Australia's national Gay and Lesbian Rights Lobby in the following weeks will hold public forums on same-sex marriage in cities across the country.

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Costello said that his government was right in blocking legalized unions for gay couples because marriage should only apply to opposite-sex partnerships.

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Rejuvenating Christian foundations should help stop moral decay
By Peter Costello - posted Wednesday, 9 June 2004

When Jesus told his disciples that they would be witnesses in Jerusalem, Judea, Samaria and the uttermost part of the earth, the known world consisted of the Roman Empire - the Mediterranean and surrounds.

No one in the Roman world, no one in the Jewish world, knew of Australia. From the then known world of the Mediterranean, Australia was beyond even the uttermost parts of the earth.

And yet the teaching of Jesus came to Australia. It took nearly 18 centuries. And we can pinpoint quite accurately the first time a Christian service was held on Australian soil. The sermon was preached by the Rev. Richard Johnson, Chaplain of the First Fleet. It was preached on Sunday 3 February 1778 under a large tree in Sydney.

http://www.onlineopinion.com.au/view.asp?article=2273

Mr Costellos moral highground...like the Bush moral highground..Its always men who seem to set this particular agenda.

[ 26 February 2006: Message edited by: eau ]

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If Andrew Olexander has his way gay and lesbian couples in Victoria state would be able to exchange vows within a year. 

The Member of the state Parliament is preparing a bill to allow civil unions for same-sex couples, allowing them many of the rights and obligations of marriage.

Olexander, who is gay, sits as an independent after leaving the Liberal Party. He has written to all state lawmakers seeking their support for the measure and says that he has gotten enough positive response to believe the bill would pass if it came to a vote. 

Olexander said that he has asked Premier Steve Bracks to allow the parliamentary counsel to draft the bill. So far Bracks has not said if he would support the legislation.

[...]

Olexander also noted in the letter that it has been seven years since Attorney-General Rob Hulls promised to refer the matter of civil unions to the Victorian Law Reform Commission.

[...]

As an independent MP Olexander does not need the permission of either major party to introduce a private member's bill.

He said that if Bracks refuses to allow the parliamentary counsel to draft the legislation he would use outside counsel.

Even if the bill were to pass it would not include any of the federal rights of marriage.

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Originally posted by Hephaestion:
1. Just what does "fiercely heterosexual" mean? Does he growl and bite?! Obviously it's a not-so-subtle way of saying "Hey, I ain't no fag..." I wonder if he'd been speaking up for Aboriginals if he would have described himself as "fiercely caucasian"?!

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[ 15 March 2006: Message edited by: Makwa ]

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A private members bill that would allow gay and lesbian couples to have civil partnerships in Victoria state will likely never see the light of day after the government shunned the measure.

[...]

After days of silence on the issue Premier Steve Bracks said that the government would not allow the parliamentary counsel to draft the bill. 

The bill still could be prepared by outside counsel, but Bracks said that that government would not allow the measure to come to a vote.

[...]

Olexander said Saturday that issue is not over.

"I am disappointed ¾ but it is by no means the end of the initiative," he said.

The Victorian Gay and Lesbian Rights Lobby said it hopes to see legislation introduced sometime next year.

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The Australian Capital Territory could have have the country's most progressive gay family legislation by the end of the year, stopping just short of full marriage.

ACT Chief Minister Jon Stanhope said he will bring in legislation to create civil unions, giving gay and and lesbian couples all of the rights of marriage but without the name.

Stanhope said the bill would create civil unions similar to Britain's civil partnership law which went into effect last year.

"Civil union is not a marriage but will, so far as the law of the ACT is concerned, be treated in the same way," he told the Australia's ABC television.

Stanhope said that civil unions also would be available to heterosexual couples.

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Australian federal gov't moves to block civil union bid

Australia's federal government threatened on Wednesday to bring in legislation to block any attempt by The Australian Capital Territory to legalize civil unions with all of the rights and benefits of marriage.

[...]

But, federal Attorney-General Philip Ruddock said Wednesday that the government would intervene unless the bill is changed to provide only a domestic partner registry with limited benefits.

"For a territory to say 'well that's fine for the Commonwealth Parliament to have resolved in that way, we're still going to assert that a civil union is a marriage in all but title, and we're going to use marriage celebrants to demonstrate that', let me make it very clear: that will not satisfy the Commonwealth," Ruddock said.

[...]

The civil unions bill also came under fire from the Catholic Church.

"Same sex unions mimic marriage so closely that the unique place of marriage is obscured and would soon disappear," said Francis Carroll.

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Australia's Human Rights Commission is beginning a nine-month inquiry into homophobia and will examine federal, state and territorial laws that discriminated against gays, lesbians and transsexuals.

The inquiry will be co-chaired by the federal Human Rights Commissioner, Graeme Innes, and its president, John von Doussa.

They will hold hearings across the country and are encouraging gays to come forward to tell their experiences.

The probe will include workplace harassment, bias in housing, and laws that discriminate against same-sex couples.

Innes and Doussa will deliver a final report on their findings to federal Attorney-General, Philip Ruddock before the end of the year.

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Australian Prime Minister John Howard says that his government's threat to expand its ban on same-sex marriage to include civil unions is not anti-gay.

"This is not an anti-homosexual gesture," Howard told the Ten Network on the weekend. "This is a gesture to support the special and traditional place of marriage as a heterosexual union for life of a man and a woman in Australian society."

[...]

"Why we're against what the ACT is doing is that, in all but name, they are equating same-sex unions with marriage," Howard told Ten Network.

"I don't support that, not because I'm against homosexuals, but I think there should always be a margin for marriage as we understand it in our society ... you don't equate a gay union with a traditional marriage - that's our position."

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[ 02 April 2006: Message edited by: Hephaestion ]