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It's time for real equality - same sex marriage

01-08-2008 Greens MP Sue Pennicuik today called for law reform to allow for same sex marriage and a system of civil unions that are open to all people.

"This Sunday I will be attending the Equal Love rally and Midwinta vows to be held on the steps of the State Library. The Equal Love campaign is calling for equal access to marriage in federal law by same sex couples and recognition of same sex domestic partnerships in law on an equal level with heterosexual couples," said Ms Pennicuik.

"I agree. To achieve full equality before the law any two people, regardless of sexuality or gender identity, should be able to be married. If they do not wish to be married but do want legal recognition of their relationship, they should have access to a civil union. Such a system nation-wide would provide full choice and full equality."

"The issue is equality and choice and equality of choice."

"This year we have seen the Commonwealth and Victorian governments take important and long overdue steps towards equality, but partial equality is not enough."

"The Federal Government still says that marriage is between a man and a woman, so it won't amend the Marriage Act. However, if we want marriage to be a non-discriminatory, inclusive institution, then we can make it so. If we do not do that, then we are not fair dinkum about equality."

"In Victoria, a relationships register, open to same sex and different sex couples was introduced earlier this year. This is a welcome, if long overdue initiative, but it isn't enough. If the state Government is serious about equality, then it should legislate for civil unions and advocate for reform of the Commonwealth Marriage Act."

"Defenders of the current definition of marriage say that marriage must be exclusive to a man and a woman and is necessary for the raising of children. This does not reflect reality. Many people marry with no intention of having children or are unable to have. Many children grow up in stable and loving families with same-sex or opposite sex partners who are not married, and sadly there are children who are neglected and abused in families where their parents are married."

In Tasmania, the Greens have tabled a bill which would allow same sex couples to marry. They have received legal advice from George Williams, a prominent constitutional law expert, that the bill would not be declared constitutionally invalid, although he said that judicial determination of this question would depend on the facts of the case and the actual interaction between state and federal law in the context of these facts.

The Greens will closely monitor the state Government's progress in implementing the 93 recommendations made by Julian Gardner in the recent Equal Opportunity Review, and the report of the Exceptions Review when it is released.

Contact: Sue Pennicuik 0407 000 270


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