LGBTQ rights in Australia

Gay rights in Australia are similar to several similar democracies. Homosexual sex is legal, legislation exists against some forms of discrimination against gays, but same-sex relationships may not receive the same level of government recognition as heterosexual relationships.

History of activist groups

• An Australian arm of the Daughters of Bilitis, formed in 1969 in Melbourne, is considered Australia's first gay rights organisation.
• Society Five was a gay rights organisation formed in Melbourne in 1971.
• The Gay Teachers Group was a gay rights organisation started in the late 1970s.
• The Homosexual Law Reform Coalition was a gay rights group started in the late 1970s.

Gay rights in the last decade

• A law in Tasmania prohibiting homosexual sex was overturned by federal legislation.
• The Marriage Act 1961 and the Family Law Act were amended in order to define marriage as a "union of a man and a woman to the exclusion of all others, voluntarily entered into for life". Amendments were also made to prevent the recognition in Australia of marriages conducted in other countries between a man and another man or a woman and another woman.
• Superannuation legislation recognised "interdependent relationships", which included same-sex relationships.
• The Australian Defence Force gave recognition to "interdependent relationships", which included same-sex relationships.^[1]
• In late 2005, John Howard ruled out same-sex civil unions under his government stating that "marriage is for men and women," and "That's why we amended the Marriage Act [in August 2004]." He went on to explain that Australia's culture is rooted in Judeo-Christian tradition. "I believe very strongly that marriage is exclusively a union for life of a man and a woman to the exclusion of others. That's the common understanding of marriage in the Judeo-Christian tradition, and I would be opposed to the recognition of civil unions." ^[2]
• The Australian Red Cross has a 12 month deferral for accepting blood donations from men who have had sex with men in the past 12 months on the grounds that their donation is a higher risk for HIV and hepatitis B and C. The Tasmanian Anti-Discrimination Commission is expected to rule on the decision.^[3] People who have engaged in heterosexual or female-to-female sex during the past 12 months are allowed to give blood. It is possible for people engaging in heterosexual sex to receive HIV and hepatitis B and C, although it is considered less likely in Australia than with male-to-male sex. ^[4] Female-to-female transmission is considered by the Center for Disease Control to be rare. ^[5] As well as deferring blood donations from people who have had male-to-male sex, other categories of sexual activity can also result in a 12 month deferral, such as sex with a prostitute or having a partner who has tested positive to hepatitis B or C. ^[6]
• In 2006, Phillip Ruddock blocked a gay Australian man from marrying in Europe. Ruddock refused to grant a gay man living in the Netherlands a 'Certificate of No Impediment to Marriage' document required by some European countries before marriage, to prove foreigners are in fact single. Under Ruddock's instructions, no such documents were to be released to gay and lesbians individuals intending to marry overseas [7]. The government made the statement, ""Following the advice of the Australian Attorney-General's Department we herewith certify that Australian law does not allow the issue of a Certificate of No Impediment to Marriage to persons wishing to enter into a same-sex marriage." He went on to say that he did not believe there was support for same-sex marriage.
• In 2006, during a lecture at the Sydney Institute, Peter Costello, when questioned about the government's decision not to legally recognise same sex partnerships, said, "I think we do recognise the rights of gay and lesbian people in Australia. We do not criminalise [their] conduct or behaviour." Costello said that his government was right in blocking legalized unions for gay couples because marriage should only apply to opposite-sex partnerships. He 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. ^[8]
• In 2006, in the lead up to the Tasmanian State Election, Christian organisation Exclusive Brethren ran full page advertisements in various newspapers to criticise Tasmanian Greens's pro-Gay policies ^[9] such as same-sex marriage (as well as gay-adoption and fostering, something already partially recognised by Tasmanian law).
• In 2006, following frequent advertisements by Christian group Exclusive Brethren attacking pro-gay policies, Peter Costello commented that "There's nothing wrong with a person who has a religious belief exercising their democratic right [to vote according to those beliefs]."^[10]
• Independent MP Andrew Olexander has attempted to introduce a private members bill into Victorian Parliament, in an effort to allow same-sex civil unions. [11]. However, Victorian Premier Steve Bracks has rebuked such suggestions, refusing to allow parliamentary counsel to draft the bill, saying he would block any move to have civil-unions or gay marriage debated in parliament. [12]

See also

• Same-sex marriage in Australia
• Human rights in Australia

External links

• Australian Lesbian and Gay Archives
• Queen City of the South Melbourne Queer History radio series

References

1. ^ "Extension of ADF conditions of service to ADF members in recognised interdependent relationships", Australian Defence Force bulletin, 2005-10-21. URL retrieved 2006-01-12.
2. ^ No gay marriages: Howard
3. ^ Gays test Red Cross blood ban
4. ^ Health Matters Library HIV/AIDS
5. ^ Female-to-Female Transmission of HIV CDC National AIDS Hotline Training Bulletin #139
6. ^ Australian Red Cross Blood Donor Eligibility
7. ^ Gay marriage comments 'appalling', Sydney Morning Herald web site, 2006-02-23.
8. Sinnes, G.R. Australia Encyclopedia of Homosexuality. Dynes, Wayne R. (ed.), Garland Publishing, 1990. pp. 93-97
9. ^ "Church group challenged over 'negative' ads." The Age 2006-03-16. URL retrieved 2006-03-18.
10. ^ "Liberals deny Brethren links." The Age 2006-03-16. URL retrieved 2006-03-18.