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+ 4 - 13 | A.C.T. should follow ALP policy on same-sex relationships

Posted on 28 Apr 07 in Equality in Australia
For the record, I should take note of the revisions of the ALP's national policy on same-sex relationship recognition, adopted at its conference a few weeks ago.
Discrimination

12. Labor supports legislative and administrative action by all Australian governments to eliminate discrimination, including systemic discrimination, on the grounds of race, colour, sex, religion, age, sexuality, gender identity, disability, genetic makeup, political or other opinion, national or social origin, property, birth or other status.

17. Labor believes that people are entitled to respect, dignity and the opportunity to participate in society and receive the protection of the law regardless of their sexuality or gender identity. Labor supports the enactment of legislation prohibiting discrimination on the grounds of a person's sexuality or gender identity and will audit Commonwealth legislation to amend provisions that unfairly discriminate against any person on the grounds of sexuality or gender identity.

18. Labor will ensure that all couples who have a mutual commitment to a shared life do not suffer discrimination because they are not married. Labor will take action to ensure the development of nationally consistent, state-based relationship recognition legislation that will include the opportunity for couples who have a mutual commitment to a shared life to have those relationships registered and certified. This legislation will:
  • be based on the scheme that has existed in Tasmania since 2004 and that the Victorian Government has announced its intention to introduce;
  • not create schemes that mimic marriage or undermine existing laws that define marriage as being between a man and a woman.
The resolution falls far short of civil unions or marriage, but will provide a legal means of conferring rights and entitlements to couples who aren't married. The resolution does not call for any change to federal law, simply for the federal government to enable states to register couples. Then, once a couple, same-sex or otherwise, has registered they will gain federal rights currently not available, including superannuation and welfare. The conference also committed Labor to a widespread national consultation on a national charter of rights.

This is a change for the better, but it is a weaker stance than that taken by the ACT Government in its attempts to legislate (overruled by the Commonwealth). Should the ACT back down and go for something along the lines of what is proposed in the new ALP national policy? I think yes. The Commonwealth has said it will accept a Tasmania-like scheme. It's not ideal, but the ACT should do whatever it can to protect the rights of its citizens.

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