not too much

Labor Attorney-General Robert McClelland today introduced to Parliament the second stage of legislation removing same-sex discrimination from a range of Commonwealth laws. The amendments will remove discrimination in areas including social security, taxation, Medicare, veteran's affairs, workers' compensation, and educational assistance.

The changes will provide for equality of treatment under a wide range of Commonwealth laws between same-sex and opposite-sex de facto couples. Importantly, the reforms will ensure children are not discriminated against because of the structure of their family. In areas such as social security and taxation, the reforms will be phased in to allow time for couples to adjust their finances and for administrative arrangements to be implemented. All changes are expected to be implemented by mid-2009.

Earlier this year, the Rudd Government introduced legislation to end same-sex discrimination in Acts governing Commonwealth superannuation schemes; that legislation is still languishing in the Opposition-controlled Senate. The challenge for newly-elected Opposition leader Malcolm Turnbull is to make good his stated support for these long-overdue reforms, by allowing them to pass the Senate. Speaking in Parliament on 5 June 2008 on legislation to remove discrimination against same-sex couples in access to superannuation for government employees, Mr Turnbull said

I strongly support the object of this legislation, the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Bill 2008. Discriminating against people on the basis of their sexual orientation is as abhorrent as discriminating against them on the basis of their religion or their race. That is why I was very proud, as a member of the Howard cabinet, in November last year--having never backed away from my commitment to equal treatment of and justice for people of the same sex who are living together-- to be able to announce as part of our election commitment going into the election that the Howard government would recognise interdependency relationships for the purpose of eligibility for death benefits under the Australian government's defined benefit superannuation schemes. That is essentially the object of the legislation in front of us today.

Mr Turbull went on to give reasons for the legislation being delayed by a Senate inquiry and challenged the Government to back date the legislation to November 2007, to cover any delay.

So let us stop the slur that suggests that the Liberal Party are homophobic or are trying to frustrate the object of this legislation. The Liberal Party are committed to this. We were committed to this at the time of the election; we are committed to it now.

On the ABC's 7.30 Report last night, Mr Turnbull re-iterated his opposition to discrimination.

Kerry O'Brien: I know that you're reluctant to get into policy detail at the moment, and you're not yet backing away from established Coalition policy. But during the last election, when you were struggling to hold your seat of Wentworth against the tide, and when the gay vote was very important to you, you promised to be a crusader for gay rights, delivering equality for same sex couples. You spoke in favour of the Government's bill on this issue in a speech in June and you had vowed to persuade Shadow Cabinet to support you. As leader, will you undertake to take - will you take shadow cabinet along with you? Will you tell them this is not negotiable for you? You'll tell your party that?.
Malcolm Turnbull: Well, Kerry, the Coalition, you know, the shadow cabinet, the party room is opposed to -- or supports ending -- discrimination against same sex couples.
Kerry O'Brien: Do you feel that you have the full support of your party on this?
Malcolm Turnbull: Absolutely.
Kerry O'Brien: OK.
Malcolm Turnbull: And that issue of ending that sort of legal or financial discrimination is, you know, that is our policy. Now, there are issues about drafting and language, but the principle of ending discrimination is a given. Having said that, it is our policy, as indeed it is the Labor Party's policy that marriage is a permanent union between a man and a woman. But having said that, that does not mean -- and it most certainly does not mean -- that we should discriminate against relationships between people of the same sex.

So now the ball is in firmly in Mr Turnbull's court, to show that he can overcome the conservative nay-sayers in his own party.

The list of laws to be changed indicates the thorough nature of the reforms as well as the extensiveness of the discrimination existing in federal laws.

A New Tax System (Family Assistance) (Administration) Act 1999 A New Tax System (Family Assistance) Act 1999 A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act 1999 Aboriginal Land Grant (Jervis Bay Territory) Act 1986 Acts Interpretation Act 1901 Administrative Decisions (Judicial Review) Act 1977 Age Discrimination Act 2004 Aged Care Act 1997 Airports Act 1996 Australian Citizenship Act 2007 Australian Federal Police Act 1979 Australian Meat and Livestock Industry Act 1997 Australian Passports Act 2005 Australian Postal Corporation Act 1989 Bankruptcy Act 1966 Broadcasting Services Act 1992 Civil Aviation (Carriers' Liability) Act 1959 Commonwealth Electoral Act 1918 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Corporations Act 2001 Crimes (Superannuation Benefits) Act 1989 Crimes Act 1914 Customs Act 1901 Defence (Parliamentary Candidates) Act 1969 Defence Force (Home Loans Assistance) Act 1990 Defence Service Homes Act 1918 Education Services for Overseas Students Act 2000 Export Market Development Grants Act 1997 Farm Household Support Act 1992 Financial Sector (Shareholdings) Act 1998 Foreign Acquisitions and Takeovers Act 1975 Fringe Benefits Tax Assessment Act 1986 Health Insurance Act 1973 High Court Justices (Long Leave Payments) Act 1979

Higher Education Support Act 2003 Immigration (Education) Act 1971 Immigration (Guardianship of Children) Act 1946 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 Insurance Acquisitions and Takeovers Act 1991 Judges (Long Leave Payments) Act 1979 Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 Life Insurance Act 1995 Medibank Private Sale Act 2006 Members of Parliament (Life Gold Pass) Act 2002 Migration Act 1958 Military Rehabilitation and Compensation Act 2004 National Health Act 1953 Navigation Act 1912 Parliamentary Entitlements Act 1990 Passenger Movement Charge Collection Act 1978 Pooled Development Funds Act 1992 Privacy Act 1988 Proceeds of Crime Act 2002 Prohibition of Human Cloning for Reproduction Act 2002 Research Involving Human Embryos Act 2002 Royal Australian Air Force Veterans' Residences Act 1953 Safety, Rehabilitation and Compensation Act 1988 Seafarers Rehabilitation and Compensation Act 1992 Service and Execution of Process Act 1992 Sex Discrimination Act 1984 Social Security Act 1991 Student Assistance Act 1973 Superannuation Act 1976 Telstra Corporation Act 1991 Trade Representatives Act 1933 Veterans' Entitlements Act 1986 Witness Protection Act 1994