Same-sex relationships in the ACT

Good Process Survey

 

Good Process conducted a survey last month to gauge the views of the ACT GLBTI community and its preferences for a way forward with same-sex recognition in the ACT.  The information was gathered anonymously and 213 people responded.  The aggregated results will inform lobbying of the Stanhope Government, as well as ongoing lobbying at a Federal level.

 

Developments since Federal election

 

• Following the election of the Labor Government in November 2007, the Prime Minister, Kevin Rudd indicated that he would not  override ACT legislation allowing for civil unions because it was a matter for states and territories.Since the election, the ACT

 

• Attorney-General, Simon Corbell and the Federal Attorney-General, Robert McClelland have been discussing ‘policy differences’ relating to the ACT’s ‘Civil Partnerships Bill’.

 

• In December, the Chief Minister, Jon Stanhope said he would expect his federal colleagues to accept the Bill.

 

• On 17 February, 2008, Federal Attorney General Robert McClelland said that the ACT proposal was unacceptable because it provided for public ceremonies for same-sex couples to celebrate their unions.

 

• McClelland said that a registry scheme along the lines of Tasmania’s was appropriate.  He also declined to say whether the Rudd Government was prepared to override territory legislation if the ACT went ahead and passed the bill.

 

• Corbell has said that he will stand by the Stanhope Government’s commitment to the GLBTI community for the legal option for a ceremony.

 

• At a protest rally in February organised by the Collective for Civil Unions, Corbell indicated that he wanted to see a clear decision from the (Federal) Government by the end of March that would allow the legislation to progress in the Assembly.

 

• As at April 16 there has been no announcement from either Corbell or McClelland.

Earlier background

 

• In June 2006, the Howard Federal Government directed the Governor-General to disallow the ACT’s ‘Civil Unions’ Act.  The Government saw this as protecting the ‘special status of marriage’.

 

• In December 2006, the ACT Government tabled revised legislation by way of a ‘Civil Partnerships’ Bill. The Civil Partnerships Bill differs in several ways to the Civil Union Act. It states that a Civil Partnership is a type of domestic partnership, and provides for couples to solemnize their Civil Partnership by making a public declaration before a notary.

 

• However, in February 2007, the then Federal Attorney-General, Philip Ruddock indicated that the changes did not go far enough and that the bill in its amended form would still be likely to undermine ‘the institution of marriage’.  He said it would again be over-riden if it became law.

 

• Corbell said the comments were not backed up with any substantive detail.  He said the Bill would remain on the table in ACT Legislative Assembly and would be reconsidered after the federal election.