Right: In February 2010, Greens Senator Sarah Hanson-Young introduced the Marriage Equality Bill. It was rejected by the Senate. The bill was re-introduced in September 2010.
Background information
(The following is an edited and slightly extended version of the Wikipedia entries for 'Same-sex marriage' and 'Recognition of same-sex unions in Australia'. The full text of the Wikipedia entries can be found at http://en.wikipedia.org/wiki/Same-sex_marriage and http://en.wikipedia.org/wiki/Same-sex_marriagehttp://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Australia)
Same-sex marriage (also called gay marriage) is a legally and socially recognised marriage between two persons of the same biological sex or social gender.
Same-sex marriage is a civil rights, political, social, moral, and religious issue in many nations. The conflicts arise over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which either grants equal rights as marriage or limited rights in comparison to marriage), or not have any such rights. A related issue is whether the term 'marriage' should be applied.
Same-sex marriage is legal in Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, South Africa, Spain and Sweden. In Mexico, same-sex marriages are only performed in Mexico City, but these marriages must be recognized by all Mexican states. Israel does not recognize same-sex marriages performed on its territory, but recognizes same-sex marriages performed in foreign jurisdictions.
Australian Commonwealth
Same-sex marriages are currently not permitted under Australian federal law. Since 2004, the Marriage Act 1961 has defined marriage as 'the union between a man and a woman'. In addition, Australian law expressly declares that unions between same-sex couples entered into outside the country are not to be recognised as marriage in Australia.
In 2004, amendments to the Superannuation Industry Supervision Act to allow tax free payment of superannuation benefits to be made to the surviving partner on an interdependent relationships that included same sex couples, or a relationship where one person was financially dependent on another person. Further initiatives were also tabled by the Howard Liberal government.
The subsequent Labor Government continued some of this progress in November 2008, when the Australian Parliament passed laws that recognised same-sex couples in federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment. This means that same-sex couples who can prove they are in a de facto relationship have most of the rights of married couples since 1 July 2009. Australia does not have a national registered partnership or civil union scheme.
Currently both the Gillard Labor government and the Liberal opposition are opposed to same-sex marriage. Neither party allows a conscience vote on the issue.
The Greens, who have a major role in the Labor government after the August 2010 federal elections resulted in a hung parliament actively support same-sex marriage. In February 2010, the Greens Senator Sarah Hanson-Young's Marriage Equality Bill was rejected by the Senate. Senator Hanson-Young re-introduced the bill to the Senate in September 2010. The bill will sit on a notice paper until the major parties agree to a conscience vote on it. A Greens motion urging federal MPs to gauge community support for gay marriage was passed by the House of Representatives on 18 November 2010.
Australian States and Territories
In all states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same rights as cohabiting heterosexual couples under state law.
The Australian Capital Territory is the first jurisdiction in Australia to legalise civil partnership ceremonies for gay couples. However, they are not recognised in Australian jurisdictions outside of that territory.
Registered partnerships are available in New South Wales, Tasmania and Victoria; however, they offer no legal benefit to either person in the partnership. On September 1, 2010, Tasmania's Lower House of Parliament approved laws recognising same-sex marriages and civil unions registered in other states or countries. The bill has not yet gone before the Tasmanian Legislative Council for approval.