Same-sex marriage in Australia – Harry & Co Jewellery

Recognition and Rights for Same-Sex Couples in Australia

De facto relationships defined in the federal Family Law Act 1975
Available to both same-sex and opposite-sex couples
Provide couples with many of the same rights and benefits as married couples
Rudd government 2008-2009 reforms to equalize treatment for same-sex couples and families
Amended 85 Commonwealth laws to eliminate discrimination
Legislative history prior to de facto recognition
Superannuation Industry (Supervision) Act 1993 amended to allow tax-free payment of superannuation benefits to same-sex couples
HREOC report on discrimination against same-sex couples in 2007
Differences between de facto relationships and marriages
Some legal differences remain between de facto relationships and marriages
De facto relationships are not legally recognized as marriages
Marriages have greater legal recognition and protections
Other types of recognition for same-sex couples
Most states and territories have legislated for civil unions or domestic partnership registries
Registered unions are recognized as de facto relationships under federal law

Poor understanding of de facto partner rights by government departments
Onerous burden of proof for de facto relationships compared to marriages
Legal contests by other family members can further complicate de facto relationships

Howard government introduced a bill defining marriage as between a man and a woman
Several unsuccessful bills to legalize same-sex marriage between 2004 and 2017
Labor governments were divided on the issue of same-sex marriage
Tension within the Abbott government regarding same-sex marriage
Proposal for a national vote on same-sex marriage, either through plebiscite or constitutional referendum
Plebiscite bill passed in the House of Representatives but rejected by the Senate
Pressure on Prime Minister Turnbull to allow a parliamentary vote on same-sex marriage
Government's decision to conduct a voluntary postal survey on same-sex marriage
Increasing pressure on Prime Minister Turnbull to change policy and allow a parliamentary vote
Introduction of the Marriage Amendment Act 2017

61.6% of the votes were in favor of same-sex marriage
38.4% of the votes were against same-sex marriage
Introduction of the Marriage Amendment Act 2017
The government confirmed it would facilitate the passage of a bill legalizing same-sex marriage
The Marriage Amendment (Definition and Religious Freedoms) Act 2017 was introduced and passed in both the Senate and House of Representatives
Recognition of Same-Sex Marriages
The Marriage Amendment Act defined marriage in Australia as the union of 2 people
The Act removed the ban on recognizing overseas same-sex marriages

The federal legalization of same-sex marriage extended to all states and territories of Australia
The Australian Capital Territory (ACT) passed a law allowing same-sex marriage in 2013, but it was later struck down by the High Court
The High Court ruled that only the federal Marriage Act could operate concurrently with the state or territory laws
Constitutional and legal issues related to the power of the Commonwealth to legislate over married and de facto relationships
The legal status of marriage is internationally recognized, while de facto relationships rely on referrals by states to the Commonwealth
The Family Court of Australia recognized the right of transsexual people to marry according to their current gender
In 2007, the Administrative Appeals Tribunal recognized the existence of a marriage between two transgender women

Reference	URL
Glossary	https://harryandcojewellery.com.au/blogs/glossary/same-sex-marriage-in-australia
Wikipedia	http://en.wikipedia.org/wiki/Same-sex_marriage_in_Australia
Wikidata	https://www.wikidata.org/wiki/Q592354
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