The tide is turning
By the time this column has gone to print this week, the American election will be over. This time, marriage equality has been part of the American presidential debate as never before, with Barack Obama publicly stating his support for marriage equality during the lead up to the election, and standing by this statement during the campaign.
In America, marriage is a state legislated institution. There are currently six states in the US that have legislated in favour of same-sex marriage, with three more to be determined in a referendum or vote also happening this week. Of these, only two states recognise same-sex marriages performed in other states. However, most states will implicitly acknowledge same-sex marriage for the purposes of obtaining a divorce.
The tide does seem to be turning in the United States, as it also seems to be in Australia. The mid-1990’s saw the introduction of law defining marriage at a federal level in both the US (the Defence of Marriage Act – DOMA) and in Australia (by way of an amendment to the Marriage Act). After several court battles, the US Supreme Court is currently determining if it will hear the case for marriage equality.
In Australia, thanks to the Constitution, marriage is governed by federal laws (although until the Marriage Act was enacted in 1961 marriage had been regulated by state and territory laws).
However, recently a number of states and territories have, or are considering, introducing state laws to allow same-sex couples to get married. In NSW, a cross-party group of MPs have got together to produce a bill on same-sex marriage which will be put to a conscience vote in state parliament.
The availability of state-based same-sex marriages will pose a number of interesting legal issues in Australia. There is likely to be a High Court challenge on the question of whether the state laws could be rendered in-operative on the basis that they are inconsistent with federal law. There will also be the difficulty of having a marriage performed in one state recognised in another.
The NSW GLRL will be participating in a forum on marriage equality after the marriage rally on November 25th at the Beresford hotel. Former AME Convenor Alex Grenwich, and national PFLAG spokesperson Shelley Argent will also be speaking at the forum. Discussion topics include strategy for winning the marriage debate at a state government level and strengthening the movement at a grass roots level.
More information is available from the AME website.
LAINIE ARNOLD NSW Gay and Lesbian Rights Lobby
