Government rejects marriage push

Australia has rejected outright a recommendation from the United Nations Human Rights Council’s Universal Periodic Review (UPR) to amend the Marriage Act to allow for same-sex marriage.

“The Australian Government does not intend to amend the Marriage Act 1961,” the Gillard Government said in its official response to the UPR Recommendation 70 last week.

“The Australian Government will continue to support a nationally consistent framework for relationship recognition that would need to be implemented by States and Territories.”

Human Rights Law Centre director Ben Schokman told the Star Observer the response was “a real blow to equality and the protection of human rights”.

“The recommendation … demonstrates that this is a concern that is shared, not broadly by the international community, but certainly members of the international community, and I think it’s extremely unfortunate Australia has chosen to reject outright the recommendation,” he said.

“I think what’s most disappointing about it is that what Australia’s done in relation to many other recommendations is said, we’ll at least accept the recommendation in part, with a view to giving further consideration to the issue.

“But what Australia’s actually done is say we’re not going to consider it any further and we reject outright that recommendation.”

Schokman said the rejection has symbolic implications for how Australia is viewed internationally.

“What it means in terms of Australia’s view internationally, is that if we compare Australia with other progressive nations, where same-sex marriage is recognised, then not only are we saying we’re not prepared to give consideration as to whether or not we’ll move in similar directions but … we’re outright rejecting any consideration of the question.”

Norway had recommended in the review process that Australia legalise same-sex marriage.

So far same-sex couples can legally marry in 10 countries including Norway, Canada, Spain, South Africa, Portugal, Argentina, Belgium, the Netherlands, Iceland and Sweden; and some states of the US and Mexico.

Overall, the Australian Human Rights Commission said it was pleased the Government had accepted more than 90 percent of the recommendations made during the review process, but was disappointed recommendations relating to Australia’s policy of mandatory detention, Indigenous compensation, the introduction of a Human Rights Act and same-sex marriage had been rejected.

“The Commission will continue to monitor and advocate for improved human rights protections in Australia, including in relation to immigration matters and other recommendations not accepted by the Government,” AHRC president Catherine Branson QC said.