On 24 June 2009, the Marriage Equality Amendment Bill 2009 was lodged in the Senate by Greens Senator Sarah Hanson-Young. The Bill seeks to amend the Marriage Act 1961 (Cth) so that:
- same-sex partners are able to marry; and
- same-sex marriages legally entered into in other jurisdictions are recognised in Australia.
The Senate voted to send the Bill to an inquiry. The inquiry is being conducted by the Senate’s Legal and Constitutional Affairs Committee and is due to report by 26 November 2009.
On 27 August 2009, the Human Rights Law Resource Centre made a submission to the inquiry, entitled Marriage Equality: A Basic Human Right. The submission focuses on the need to remove all forms of sexual-orientation discrimination from the Marriage Act. The HRLRC considers that the most effective way to do this is through a human rights framework.
In its current form, the Marriage Act legalises and entrenches unacceptable discrimination against lesbian, gay, bisexual and transgender people. The exclusion of LGBT people from the Marriage Act denies them a right that is afforded to all other Australians. The Marriage Act is underpinned by the view that the relationships and commitments of LGBT people are somehow different and inferior, and that they themselves can never be full and equal members of Australian society. This view is out of step with human rights norms and principles. Furthermore, it fails to reflect the reality of contemporary relationships and values in Australian society. Recent evidence indicates that the majority of Australians now support same-sex marriage. These developments should be taken into account by the inquiry in its assessment of the Marriage Act. The HRLRC considers that the Marriage Act should reflect an inclusive approach to marriage that upholds the human rights of all Australians – regardless of sexual identity and orientation.
