NEWS

A Step Towards Equality for the Gay and Lesbian Community

It was a momentous night last night for civil rights in QLD with the passing of the Civil Partnerships Act – 47 votes to 40.

After a controversial debate, on 30 November 2011, the Queensland parliament voted in favour of the Civil Partnerships Act (Qld) 2011, a private members bill introduced by Deputy Premier Andrew Fraser.

Labor MPs were allowed a conscience vote, with only four Labour MPs voting against the legislation, along with the Opposition and most independent MPs.

Forty-five votes were needed for the legislation to be passed. As expected, the results were very close, with forty-seven MPs voting in favour and forty MPs voting against the legislation.

The Civil Partnerships Act will allow for the registration of relationships in Queensland, and goes beyond what is now recognised as a de facto relationship under Federal Law. It is hoped that the Civil Partnerships Act will address the difficulties which can be experienced by de facto parties in proving the existence of their relationship, which can be difficult to do in emergency situations, or simply when dealing with government departments.

The Civil Partnerships Act does not discriminate in terms of the gender of the parties to the relationship. It does not matter whether the parties to the relationship are between same-sex couples or are between a man and a woman.

While the passing of the Civil Partnerships Act in Queensland is a step forward in the recognition of same-sex relationships in Queensland, it does not allow for same-sex marriage, which is a matter for the Federal Government.

It is important to recognise the difference between a registered relationship and a marriage. At present, the Family Law Act (Cth) 1975 recognises same-sex de facto relationship and the Marriage Act (Cth) 1961 requires that a valid marriage can only be between a man and a woman.

Married couples are able to obtain a marriage certificate, while a de facto relationship, under Federal Law, does not have any such document to show that the parties are in a de facto relationship, or when that relationship commenced. Defacto couples, whether of the same or opposite gender, will upon the commencement of the Civil Partnerships Act (expected to be early in 2012) will be able to register their relationship.

Nick Thompson from the Gay, Lesbian, Bisexual and Transgender Alliance (GLBTA) in Cairns says it is not just a symbolic gesture.

"It means in times where you have to prove your relationship, that process will be much easier," he said.

"For example if your loved one is very ill in hospital, at times it can be very difficult to establish the fact that you're in a relationship with them, regardless of defacto status.

By having a formal certificate or even just being able to say 'I'm their civil partner' will negate any questioning."

It is reported that the issue of same-sex marriage will be debated at the Labor party’s 46th National Conference commencing 2 December 2011.

Should you have any questions about how the Civil Partnerships Act affects you, how you go about registering your relationship or other ways advice you might need about your defacto, marriage or same sex relationship please contact us.

Related Links

http://www.abc.net.au/news/2011-12-01/gay-rights-advocates-praise-qld-government/3706770
Shelley Argent from Parents and Friends of Lesbians and Gays

http://www.abc.net.au/news/2011-12-01/gay-and-lesbians-welcome-same-sex-civil-unions-in/3706018
Paul Martin from gay lobby group, the Queensland Association for Healthy Communities, says the move puts pressure on delegates to the ALP national conference to alter Labor policy on the issue.