Right: In Maine, USA, marriages between same-sex couples are now legal - but few American states have followed suit.
 Found a word you're not familiar with? Double-click that word to bring up a dictionary reference to it. The dictionary page includes an audio sound file with which to actually hear the word said. |
Arguments in favour of the legalisation of gay marriage
1. Denying gay couples the opportunity to marry fosters discrimination
It has been claimed that exclusion of same-sex attracted people from marriage sends out the message that discrimination on the grounds of sexual orientation is acceptable.
Critics of the current Marriage Act argue that this negative message is amplified by the fact that, since 85 federal laws were amended to recognise same-sex de facto partners in 2008, this Act is the only remaining federal law which still discriminates.
It has been suggested that the negative message sent out by discrimination in marriage promotes prejudice, discrimination and unequal treatment against same-sex relationships in the wider community.
There is a substantial body of Australian social research which shows the vulnerability of same-sex attracted people to prejudice, discrimination and unequal treatment. These surveys have consistently found that same-sex attracted people experience unacceptably high levels discrimination in the workplace, discrimination in other aspects of their lives including at school and in their families, and hate-motivated assault. Studies have also directly linked bans on same-sex marriages to higher levels of discrimination.
It has been claimed that denying same-sex couples the same opportunity as heterosexual couples to formalise their relationship denies them equality and grows out of prejudice.
The lobby group Australian Marriage Equality states, 'Instead of sending a message that all Australians are to be treated fairly and equally, regardless of their sexual orientation, the message currently being sent by our federal law is that it is acceptable to exclude lesbian, gay, bisexual and transgendered persons from a central social institution and that our relationships are inferior.
On November 5, 2010, The Age published an opinion piece by Jacqueline Tomlins, a Melbourne writer and member of the Rainbow Families Council. Ms Tomlins argued, 'The introduction of gay marriage in Canada shifted the overriding social mores to our side. Quite simply, it said that being gay was OK, and that you should not expect to be treated any differently because of it. It said that you are valued equally as a member of this society.'
Ms Tomlin went on to explain the negative self-perception that societal prohibitions and hostility impose on lesbians and homosexuals. 'Many people still quietly struggle with their sexuality and the horribly negative views that are blithely espoused by certain sections of the community. The message that comes with the legalisation of same-sex marriage is important for the entire gay community, but is critical for our more vulnerable members, particularly gay teenagers.'
2. The institution of marriage will not be undermined by legalising same sex marriage
It has been claimed that allowing gay marriage would actually strengthen the institution. It has been suggested that in a period of accelerating divorce rates, any substantial group of people who wish to commit to each other formally via marriage are serving to add to the social legitimacy of the institution.
The lobby group Australian Marriage Equality states, 'Some opponents of equal marriage have suggested that marriage as an institution would be weakened, even tainted, by our presence. Such people are, of course, free to hold whatever views they wish in respect of homosexuality and the treatment of same sex couples, but Australian law should not be based upon such degrading and offensive notions.'
Chris Berg, writing in The Age on November 21, 2010, has claimed, 'Straight people have been undermining the sanctity of marriage for decades. This is a bad thing ... So extending the marital franchise to gay and lesbian couples would multiply the number of Australians who can join this crucial social institution, spreading the positive impact of marriage on society.'
It has further been noted that religious ministers who did not wish to officiate at gay marriages would not be compelled to do so and that gay marriage would not weaken the religious belief of others.
The lobby group Australian Marriage Equality has further stated, 'Providing same sex couples with the equal right to marry will not harm religious institutions in any way. Each religion will still have the right to choose whether or not to perform marriages for same-sex couples. Religions that wish to perform marriages for same-sex couples should also have the freedom to do so.
3. There is no fundamental difference between heterosexual and homosexual marriage
It has been argued that all the features usually considered to typify a marriage union can be displayed by same sex couples.
Alex Greenwich, the national convener of Australian Marriage Equality, has stated that his lobby group's concept of marriage was 'what it's always been' of 'two people who rely on each other in a relationship to the exclusion of all others'.
Australian Marriage Equality states, 'Many same-sex couples wish to marry. They want to do so for the same reasons as their opposite-sex counterparts - to publicly proclaim and celebrate their love and commitment...'
Author and gay rights advocate, Rodney Croome, has stated, 'The Marriage Act ... does not require marrying partners to be able or willing to conceive children. As a result, heterosexuals are not prevented from marrying if they are infertile or have no intention of having children. It follows that we should also not prevent same-sex couples from marrying just because they cannot conceive.'
Australian Marriage Equality states, '"Companionate" marriages between elderly heterosexuals past the age of child-bearing are celebrated and affirmed in our society, not banned under law.'
However, there are those who argue that even the capacity to have children can be part of a same-sex union. Surrogacy and artificial insemination allow same sex couples to be parents. Australian Marriage Equality states, 'Same-sex couples have and raise children. Allowing these couples to legally marry affords their children the same protections and benefits as children raised by opposite sex parents.
It has also been claimed that same-sex couples are less inclined to monogamy and so should not be allowed access to an institution which promotes exclusivity within a relationship. Rodney Croome states that such claims are based on prejudice. 'A large-scale Australian study of sexual behaviour conducted by the University of New South Wales has found 93% of men in same-sex relationships are monogamous, a higher level, according to similar studies, than for men in heterosexual relationships.'
4. The religious beliefs of some within the community should not shape Australian law
Supporters of same sex marriage argue that the religious convictions of a certain section of the Australian population should not be allowed to influence the framing of Australian laws.
On September 21, 2011, the ABC's The Drum posted an opinion piece by Andrew Tiedt, a Christian, husband and lawyer. Tiedt states, 'I'm a Christian. I go to church, I lead a Bible Study once a week, and I believe in the Bible and what it says. Consequently, I believe that homosexual sex is sinful.
While we're on the topic, I also believe the following things are sinful: gossip, deceitfulness, hatred, and prejudice.'
Tiedt goes on to argue, 'But you notice something about all the sins in the above paragraph. Every single one of them is 100 per cent legal.
Not everything that I think is sinful is illegal. And neither should it be. Even if something is seen by the entire community as sinful (or immoral, depending on your term of reference) that is not sufficient in and of itself to mean something should be illegal.'
Australia is a secular democracy with what many argue is a deliberate separation between Church and State. Those who claim Australia has established no particular Church and so is obliged to represent the view of no particular religious denomination cite section 116 of the Australian constitution. Section 116 states, 'The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.'
Supporters of same-sex marriage stress that this should mean that the beliefs of the various religious denominations in Australia should not play a determining part in the drafting of Australian legislation. Religious groups can obviously express a view, but their attitudes should not be given disproportionate weight.
5. Other countries have allowed gay marriage
An increasing number of states and nations have given legal recognition to same sex marriages. Supporters of gay marriage note that this has been done without any apparent harm to the social fabric of these states and countries.
On April 1, 2001 The Netherlands became the first country in the world to legalise same-sex marriage. The Dutch law includes a gay couple's right to adoption. Homosexual couples in Belgium won the right to marry in June 2003 and in April 2006 parliament voted into law a bill allowing homosexual couples to adopt children. In July 2005 Spain became the third member of the European Union to pass a law to allow same-sex marriages. Gay couples in Spain are also able to adopt children. The Canadian law allowing gay couples to marry and adopt children also came into force in July 2005. In November 2006 South Africa became the first African country to legalise same-sex marriage. A January 2009 law in Norway allowed homosexuals to marry and adopt children and permitted lesbians to be artificially inseminated. Sweden's homosexuals have been allowed to wed in religious or civil ceremonies since May 2009. Under a June 1, 2010 law Portugal legalised gay marriage, while excluding the right to adoption. Prime Minister Johanna Sigurdardottir married her long-time partner in June 2010 as a new law legalising homosexual marriages in Iceland came into force. On July 15, 2010 a bill that legalises same-sex marriage came into force in Argentina - a Latin American first. Homosexual couples can adopt children in Argentina.
Two countries allow gay marriage on part of their territory: the United States, in the states of Iowa, Connecticut, Massachusetts, Vermont, New Hampshire and the capital Washington DC; and Mexico in the federal capital.