December 9th, 2017, marks the day Australia finally achieved marriage equality, but it does not represent the winding path that had been taken to get there. Same-sex marriages have been a part of the long debate in the Australian government of the legal recognition of same-sex relationships. In 2008 and 2009, a wide range of reforms were conducted at a federal level to provide equal opportunities for same-sex couples in areas such as employment, taxation, social security and superannuation.
Australia’s history is bestrewed with nearly achieving marriage equality, as seen in the 43rd Parliament. The Gillard Parliament saw an increased focus on the subject of equal marriage rights and included three Bills to amend the Marriage Act 1969. The Bills were introduced by Labor, Greens and an Independent MP and were to legalise the institution of marriage for both heterosexual and homosexual couples as well as legally recognise same-sex marriages that were conducted over-seas. While the Bills were included in two parliament enquiries, they were not passed.
However, with the legalisation of same-sex marriages in the Unites States in 2016 and sixteen countries with marriage equality, public pressure was placed on the Australian government to amend the Marriage Act 1969, thus the introduction of the Australian Marriage Law Postal Survey. The survey sent out by the Australian Bureau of Statistics (ABS) unlike referendums, was voluntary and asked the question “"Should the law be changed to allow same-sex couples to marry?" Everyone on the federal electoral roll was mailed the form with a reply-paid envelope and the results tuned in with 61.6% in favour of marriage equality. The Postal Survey played a pivotal role in the legalisation of same-sex marriages as prior to the survey the Coalition government had pledged to facilitate a private bill on the topic depending on the results of the inquiry.
However, the issue now settled on whether the Parliament would pass a federal amendment or leave State governments to pass their bills. Constitutionally, any legislation on the topic of ‘marriage’ is to be a federal decision, however, the High Court hadn’t defined what the term meant. The 19th century Constitution outlined it to be a “a union between a man and a woman” but it was unclear if the definition had evolved as time changed. Now, defined as “the union of 2 people to the exclusion of all others, voluntarily entered into for life”, marriage as a legal term embraces marriage equality.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.