Greens: Overseas same-sex marriage recognition laws must be standardised across Australia

Greens: Overseas same-sex marriage recognition laws must be standardised across Australia

A BILL seeking to federally recognise same-sex marriages performed overseas was re-introduced in the Senate today.

Tabled by the Greens’ marriage equality spokesperson Senator Robert Simms, the Recognition of Foreign Marriages Bill was first introduced in 2014 by South Australian Greens Senator Sarah Hanson-Young.

The re-introduction of the bill follows last month’s incident where British man Marco Bulmer-Rizzi was not recognised as married to his husband David, who died suddenly during their honeymoon in South Australia.

During debate on the second reading of the bill, Simms expressed his thoughts of the current marriage recognition laws in Australia.

“We currently have a situation where overseas same sex marriages are recognised in NSW, Queensland, Victoria and Tasmania, but not in other states,” he said.

“We have to remedy this complex web of relationship laws so married couples receive the acknowledgement they deserve.

“It is embarrassing that [South Australia], the first state in the nation to decriminalise homosexuality 40 years ago, is now lagging behind as one of the last states to remove this discrimination.”

Only Tasmania, NSW and Queensland recognise overseas same-sex marriages as state civil partnerships with Victoria soon to follow.

South Australian Premier Jay Weatherill has also promised to amend laws in the state as soon as possible after the backlash he faced from the Bulmer-Rizzi incident.

South Australian Liberal Senator David Fawcett refuted the Greens’ proposed bill, arguing that Australia could be forced to recognise child marriages.

“If we start making changes against our sovereign law in the interests of one group then why not the other groups,” Fawcett said.

“If we’re going to be consistent… then we need to start recognising things like child marriage, which I think clearly Australians would reject.”

However, Simms said it would “end a cruel and Draconian feature of Australian law”.

“Imagine the trauma of losing your husband, your partner in life, and having that trauma compounded by being treated in such a cruel and degrading way,” he told the Senate.

“Had Marco Bulmer-Rizzi’s husband died just 400km east in NSW, a state that does recognise overseas same-sex marriage, then he would not have been put through this experience. The cruel reality of these laws have been exposed by this tragic incident.

“It is clear there is a need for national action.”

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29 responses to “Greens: Overseas same-sex marriage recognition laws must be standardised across Australia”

  1. We are 16 years into the 21st century, and we still manage to have very stupid politicians with outdated thinking within governments on marriage, our constitution, budgets and discrimination. What a total sheer embarrassment this nation truly is! In fact it is worse! It has never been a more embarrassing time to be Australian!

  2. 6 months before a federal election, we have Malcolm Turnbull playing musical cabinet chairs! Not only that, nearly 200 government bills – awaiting in the Senate in the space of about 24 parliamentary days left! What a disaster this Liberal government has been! Imagine 3 more years of this chaos – even before I mention the lack of marriage equality as well! Now Malcolm Turnbull was to play guessing games with the Australian public on what day will be election day! I have had enough as a committed Labor party voter! I want marriage equality, I want Medicare left a bloody alone, I want 16 year old the right to vote, I want fixed-term parliament and I want a consitution that includes Aboriginal and Torres straight islanders! The Liberal party oppose all of these things!

  3. I want an Election now, end this ridiculous farce of this federal government! This ongoing bad behaviours and revolving door of ministers and leaders is a complete joke!

  4. No news yet from the SSO on Victoria passing the Relationships Bill either! This law will finally allow ceremonies and to recognise interstate or overseas same sex unions or marriages for people in Victoria! We are so slow here in Australia for a country of 24 million people!

    • Because of the Liberal party, the Nationals, Family First, ACL, Marriage Alliance and the Anglican or Catholic churches!

  5. The problem with the bigoted Labor SA government, is that there only legislative priority – is to pass laws about bikers and autonomous cars, than care about LGBTI rights 40 years later!

  6. The Liberal party government run by Malcolm Turnbull is a complete and utter disaster and shambles!

  7. I maybe an old queen, but this issue has to get soughed out – once and for all! The government of Australia are a complete laughing joke! Just pass a bill (via a conscience vote in both houses) to allow marriage equality, have an election and move on to more pressing issues for goodness sake! I am embarrassed to call myself Australian!

  8. What really gets my goat, is when a over paid selfish bigoted politician tells me who I can or can not get married too! I am very angry, because we have to put up with it all the time, while heterosexual people take it for granted! I pisses we off! I am a proud gay citizen of this country and should be treated with equality! It is 2016 for heavens sake, will this bigotry shit end?!

    • So true Glen, I have paid possibly millions in taxes over the years and live with my partner in Sydney for nearly 40 years and the government performs backstabbing stunts, just to please the bogan ACL mob in the western suburbs! It is shameful in 2016, that Australia can not do the right thing and allow marriage freedom for all!

  9. FAMILY LAW ACT 1975 – SECT 43

    Principles to be applied by courts
    (1) The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction, have regard to:

    (a) the need to preserve and protect the institution of marriage as the union of a man and a woman to the exclusion of all others voluntarily entered into for life;

    (b) the need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society, particularly while it is responsible for the care and education of dependent children;

    (c) the need to protect the rights of children and to promote their welfare;

    (ca) the need to ensure protection from family violence; and

    (d) the means available for assisting parties to a marriage to consider reconciliation or the improvement of their relationship to each other and to their children.

    (2) Paragraph (1)(a) does not apply in relation to the exercise of jurisdiction conferred or invested by Division 2.

  10. It is high-time in 2016, to fully repeal the whole Australian Marriage Act 1961! Then we need to have a very broad community consultation on marriage in Australia, then to introduce both a white and green paper on 21st century marriage laws – then hopefully finally introduce a Marriage Bill 2016!

  11. People opposing marriage equality are very selfish and self-centred people, who have never meet a gay couple in there lifetime! Most people support marriage equality, it is just a Liberal government standing in the way of progress! I for one can not understand why 16 years into the 21st century – we are actually still debating this!? I am deeply embarrassed to be Australian! Even South Australia, the Northern Territory and Queensland still do not allow same-gender couples to adopt children, it is just “archaic and outdated” thinking! Conversion therapy should be outlawed in Australia too! Also I have done some research and found that Western Australia, Queensland and the Northern Territory – still do not expunge old consensual gay sex criminal records!

  12. For a second, just imagine what your life would be like growing up with a secret so big you go to bed at night crying. Imagine feeling like you were ill, like you didn’t belong and that you were an outcast.

    Then imagine becoming an adult in a society that says you’re a freak. That you are “unnatural” and don’t belong. That you are an “abomination” or the ridiculous notion that you would burn in hell for the simple act of loving someone of the same gender.

    Imagine finding the love of your life, the person who makes you smile more than you thought humanly possible, and then imagine being scared about the simple act of holding their hand in public.

    Imagine looking over your shoulder in fear that someone is looking at you strangely or making comments under their breath. Imagine fearing for your safety because of the simple act of holding the love of your life’s hand in public.

    Then imagine the prospect of getting married, not in your hometown because it’s illegal, but having to travel to the other side of the world where they believed you were of equal value as everyone else, and then getting married to your sweetheart in a commitment that solidifies everything you feel about the other person.

    Imagine, then, having to come back home where it isn’t recognized. Where you can’t legally be called married. Where your marriage certificate is irrelevant because you are both of the same gender.

    Imagine wanting to start a family and have a child of your own but being denied even the option to adopt because you are considered unnatural, even though all around you see teenage pregnancies and kids who go into foster homes because of abuse from their “natural” birth parents.

    Imagine feeling like you were born in the wrong body but that it was impossible to voice that in fear of getting shunned or abused.

    Imagine fearing for your job security and having to hide a simple part of yourself in case your boss felt “threatened” and decided to fire you.

    Imagine losing your life to a brutal attack and then having your killer use a “gay panic defense” in court to get away with it.

    These are just a few of the many injustices LGBTI people face on a daily basis.

    If you can understand just a fragment of pain that the above causes, then you’ll understand why marriage equality in Australia is just the start of a long list of things that need to happen.

    You should also understand why I refuse to keep quiet about it.

    If you can understand how important this is, join the cause. Follow the Australian Equality Party and write to your local MP’s.

    Marriage equality won’t “just happen.” We need to stand up and fight for it.

    Join the fight. Be on the right side of history.

  13. There are that many bills on marriage equality in the Australian Parliament, and not one chamber has passed any marriage equality bill. This is shameful Australia in 2016! Only about 70 lower house MPs support SSM and only about 38 Senators support SSM! This is slightly below the majority needed to pass a bill! This is civil marriage, not religious marriage! No one will be forced to conduct a ceremony for anyone! Typical ACL garbage, egged on by a few Bigoted Liberal backbenchers!

  14. Australia has some crazy laws! I for one am thinking about running in 2019, for the Australian Senate. We really get rid of and abolish stupid and archaic burdensome red tape. This includes a full repeal of the ban on marriage equality and a full repeal of the ban on cannabis! I hope that separation between church and state actually happens quite soon, there is still way too much strong influences of the ACL and the Catholic Church in the federal Parliament and it has to stop right now!

  15. “South Australian Liberal Senator David Fawcett refuted the Greens’ proposed bill, arguing that Australia could be forced to recognise child marriages.” – David must have brain damage. Child Marriage is not a fair and equal right marriage (violating children’s rights) which will not be recognised in the civilised world.

    • He is just stealing (also from SA) Senators Cory Benardie’s speech, because he can not say anything original. Typical conservatives, always stealing other peoples lines! I am very surprised he did not mention polygamy and beastality!

        • Again South Australia is not the only one. Both Western Australia and the Northern Territory, also do not recognise interstate or overseas same-sex unions or marriages as well!

  16. MARRIAGE ACT 1961 – SECT 88EA
    Certain unions are not marriages
    A union solemnised in a foreign country between:

    (a) a man and another man; or

    (b) a woman and another woman;

    must not be recognised as a marriage in Australia.

  17. The ACT also recognise overseas same-sex unions and marriages as well! The SSO must have overlooked that fact. Once SA fix their laws sometime this year, only the NT and WA will be the only ones left not to recognise overseas same-sex unions and marriages. Both these jurisdictions happen to not have a relationship register or a civil union scheme!

    • CIVIL UNIONS ACT 2012 – SECT 27
      Civil unions under corresponding laws
      (1) A regulation may provide that a relationship under a law of a State, external territory or foreign country (a corresponding law ) is a civil union for territory law.

      (2) However, a regulation must not provide that a relationship under a corresponding law is a civil union for territory law unless, under the corresponding law, the relationship—

      (a) must be between 2 people; and

      (b) must be entered into consensually; and

      (c) must not be entered into by people who are in a prohibited relationship with each other; and

      (d) must not be entered into by people who may marry each other under the Marriage Act 1961

      (Cwlth) or a law of an external territory or foreign country if the marriage can be recognised under that Act.

  18. So in Australia, under law a gay couple is recognised as a de facto couple, but can not get married. How truly fucked up is that!