CTH Introduces Marriage Equality Bill into Parliament
Tuesday 2 June 2015 @ 12.14 p.m. | Legal Research
Yesterday (1 June 2015), Labour Opposition Leader Bill Shorten introduced the Marriage Amendment (Marriage Equality) Bill 2015 into the House of Representatives. However, as this is a private member's bill, there were very few ministers present to watch its introduction.
Background to the Bill
By a margin of two to one, and a total majority of 62% to 38%, the people of Ireland voted yes to equal marriage on 24 May 2015, adding to a long line of international countries including France, the UK and New Zealand affirming the legitimacy of same sex marriage.
There had been doubt about whether the Australian Federal power over marriage could be used to recognise same-sex marriage. It was arguable that it extended only to recognising the type of marriage that existed in 1901 when the constitution came into force, that is, marriage between a man and a woman. These doubts were quashed in striking down the ACT's recognition of same-sex marriage in 2013. The High Court held that the Federal marriage power can authorise marriage between people of the same sex. It described marriage in gender-neutral terms as being "a consensual union formed between natural persons in accordance with legally prescribed requirements".
The High Court's decision did not give legal recognition to same-sex marriage in Australia. It merely clarified that the Federal Parliament has the power to bring this about.
However, All bills introduced into the Federal parliament so far have failed at second reading debate.
Legislative Amendments in the Bill
The Marriage Amendment (Marriage Equality) Bill 2015 will allow Australians to marry regardless of their sex, sexual orientation, gender identity or intersex status.
The major change is to amend the definition of 'marriage' in the Marriage Act 1961 to “marriage means the union of two people, to the exclusion of all others, voluntarily entered into for life.”
Bill Shorten said in his second reading speech:
"Let this law reflect the nation we all want to see in the mirror...Generous, smart, modern, diverse and above all, equal."
Public Reaction
Australian Marriage Equality national director Rodney Croome said it was "impossible to stop the momentum for marriage equality in Australia".
"The Prime Minister may want to prioritise other issues and that is his right...But there is a conversation happening in the Australian public that will not be stopped."
Four law firms have taken out a full-page advertisement in a national newspaper to push for marriage equality along with major corporates. Those firms included Arnold Bloch Leiber, Slater and Gordon, Gilbert + Tobin and Allens and they were among 53 organisations to sponsor the advertisement by AustralianMarriageEquality.org.
Major corporations including Qantas, Google, Westpac, David Jones, Foxtel, ANZ, Optus and Commonwealth Bank were also listed as sponsors in the ad.
The ad is well-timed as Mr Shorten's bill is now the third same-sex marriage bill before Parliament. Both the Greens and Liberal Democrat David Leyonhjelm have similar bills before the Senate. If Liberal MPs had a free vote on the issue, marriage equality campaigners estimate that same-marriage legislation almost has a majority in both houses.
Greens leader Richard Di Natale said the Parliament was "on the verge of achieving a profound change in the Australian community." But he said Labor's bill was only "symbolic" and would not come to a vote:
"If we can get a co-sponsored bill by all sides of politics, we're as good as done."
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Marriage Amendment (Marriage Equality) Bill 2015 as reproduced in TimeBase LawOne
