Registries by the year’s end

Registries by the year’s end

The NSW Registry of Births, Deaths and Marriages will be registering same-sex and heterosexual de facto couples before year’s end if the Government has its way.
“It is anticipated that the register will be set up later in the year after this consultative process is finalised,” a spokeswoman for NSW Attorney General John Hatzistergos told Sydney Star Observer.
The Government is still drafting the legislation and will consult with community groups and stakeholders in the process.
The announcement of a registry has split opponents of gay and lesbian rights. The Australian Christian Lobby is not against a registry, while the Saltshakers, Family First and the Christian Democrats oppose it.
The ACL’s Jim Wallace told Sydney Star Observer he would not oppose the scheme but wanted carers included.
“The Australian Christian Lobby has been strongly opposed to same-sex civil unions or partnerships which mimic marriage and we are pleased to see that the NSW Government has indicated that these kinds of arrangements are not on the agenda,” Wallace said.
“We are not opposed to relationship registers which assist with the removal of unreasonable discrimination for same-sex couples, [however,] we would definitely prefer to see the NSW relationship register extended to people in caring or interdependency relationships.”
Peter Stokes of the Saltshakers criticised both Labor policy and the ACL.
“We are disappointed, but not surprised, to see the NSW Government head in this direction”, Stokes said.
“With both the Rudd Government and the ACL naively supporting relationship registers and encouraging state governments to do this in an attempt to ‘save marriage’, this move was inevitable.
“We will be campaigning against the register regardless of what it contains.”
Dr Gordon Moyes of Family First NSW claimed the move was a “back door” to same-sex marriage.
“There is already adequate protection for [couples] under all the laws protecting de facto relationships, whether same-sex or different partnerships,” Moyes said.
“Having the NSW Registry of Births, Deaths and Marriages administer the relationship register is just an attempt to have a back door marriage … It is not about justice for a couple of adults. Marriage is the only guarantee for justice for children.”
It is understood the Christian Democrats will also oppose the registry scheme.
The NSW Liberals will wait to see the bill before forming an opinion, while the Nationals did not return phone calls in relation to the bill.
The Greens urged NSW Labor to support full marriage equality, but will support the registry to provide recognition for same-sex couples in the meantime.

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9 responses to “Registries by the year’s end”

  1. Correction:

    I actually do SUPPORT gay marriage let me clear that up. It is a FEDERAL law issue – not a state one.

    Australian Constitution:

    Section 51

    “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:-

    (xxi.) Marriage:”

    Section 109

    “When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.”

    Section 116

    “The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.”

    Section 118

    “Full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceedings of every State.”

    Australian Constitution Timeline:

    http://www.google.com.au/search?q=australian+constitution&hl=en&rls=com.microsoft:en-au:IE-Address&rlz=1I7GPEA_en&tbs=tl:1&tbo=u&ei=T6KYS4frONGgkQX63P3EBg&sa=X&oi=timeline_result&ct=title&resnum=11&ved=0CCwQ5wIwCg

    This is defently why gay marriage should be allowed and the ban be declared un-Australian and un-Constitutional by the High Court of Australia if ever challenged.

    READ the Australian Constitution people:

    http://www.comlaw.gov.au/comlaw/comlaw.nsf/440c19285821b109ca256f3a001d59b7/57dea3835d797364ca256f9d0078c087/$FILE/ConstitutionAct.pdf

  2. To Gay Activist Paul Mitchell, it is not necessary to denigrate and flame other commenters here to get your point across. If you are a gay activist you should encourage support and not use bullying tactics.

    Why should gays accept less than others. Equality means just that. Equal rights for all. Will this proposed registry be legally binding for anything? What will happen when your relationship breaks up? Will you then have to de-register in some sort of pseudo divorce? I agree with John… it’s insulting.

  3. The ACL/Jim Wallace butting thier nose in again to seize on the opportunity to “stamp” us as being in the same league as THIRD CLASS interdependent status. NO WAY! We need to recorded as de-facto, that’s it, not watered down interdependency like two elderly brothers caring for each other.
    Jim Wallace will do anything he can to permanently lock us into watered down third class “interdependency”. If it goes ahead, I’d rather just stick to the City of Sydney register for proper de-facto recognition, AND includes an official relationship declaration ceremony (something which the state govt has already confirmed as banned for thier scheme)

  4. SSO please excuse Trent for being dumb about marriage laws in Australia

    History and facts of marriage laws in Australia for you Trent:

    * In Australia polygamy is illegal – but polygamy from other nations where it is legal is recognized
    * You can legally marry your cousin in Australia
    * There are 3 bans on same sex marriage in Australia (Marriage Act 1961, Family Law Act 1975 and the common-law)#
    * In 1961 the Commonwealth took FULL CONTROL of marriage – before 1961 states controlled the laws on marriage.
    * Women were considered property of their husbands until 1923 in most states.
    * Women could not own their own property until 1930’s in most states
    * A white man could not marry a black woman and a white woman can not marry a black man until 1979.
    * Men were allowed to legally rape their wives (as a defense) until the late 1980’s under state laws
    * The common-law definition of marriage (Hyde v Hyde in 1867) “a union between a man and a woman to the exclusion of all others” was finally written into the Marriage Act 1961 under the Marriage Amendment Act 2004 under John Howard (Liberal Government 1996-2007). This 2004 Act also bans the recognition of overseas same sex marriages as well.
    * Both Labor and Liberal party support the “status quo” on marriage laws in Australia

    Trent should get a decent education or a job at least – because Marriage is a COMMONWEALTH responsibility, not a state one.

    * Marriage Act (section 5)

    * Australian Constitution (section 51)

    States can use other relationship models (such as recognizing de facto couples)

    Get your facts straight.

    If NSW was to say allowed to allow marriage – then it would be inconsistent anyway with other states laws (section 109 Australian Constitution).

  5. how many heterosexual de facto couples are going to “register”? it’s gay apartheid! nothing less than insulting!

  6. The NSW defacto registry is potentially good news for all defacto couples — same gender and opposite gender.

    But it doesn’t change what polls have shown a majority of Australians think: adults should be legally able to consensually marry the person of their choice regardless of gender.

  7. This is a total back door path for the Rudd government. Mr Rudd and his party need to take a closer look at this register as it still forms part of discrimination, discriminating against same sex couples who aren’t given the humane right of a hand with their life partner in marriage. Whether your partner be same sex, opposite sex or transgender it should not matter what political or religious group say. We are entitled to equal rights. This is such a disaster, we need to take action and move forward!

    Editor’s Note: Trent, just to clarify, this is a NSW Government proposal, not one put forward by the Commonwealth Government.