ALP branch votes to end CNI ban

ALP branch votes to end CNI ban

The South Yarra branch of the Labor Party has labelled Australia’s policy to deny documentation to allow same-sex couples to marry overseas “homophobic” and urged the Gillard Government to abandon it.

Branch members passed a motion this month calling for the removal of the ban on same-sex couples obtaining Certificates of No Impediment (CNIs), which overseas jurisdictions sometimes require for two people to marry. Currently CNIs are issued for opposite-sex couples, but not same-sex couples.

“The South Yarra branch … urge the Gillard Labor Government to take the necessary steps to immediately end the discriminatory policy which incorrectly interprets the purpose of certificates of no impediment to wed (CNIs) and denies them to Australians solely on the basis of their sexual orientation and the gender of the individual they seek to marry,” the motion reads.

“Homophobia has no place in determining the administration of Australian law and this narrow interpretation, inherited from the former Howard government, is an unwarranted interference in the sovereignty and comity of friendly nations while at the same time entrenching homophobia in the administration of our nation’s affairs.”

Branch member Steve Perryman said the motion has been sent to Foreign Minister Kevin Rudd, Attorney-General Robert McClelland and ALP national secretary George Wright.

“We just thought it was completely unjust,” Perryman told the Star Observer. “We’d like the Government to change its attitude on this. It’s very unfair and they need to act on it.”

The Rudd and Gillard Governments both refused to change the policy despite a 2009 recommendation by the Senate Legal and Constitutional Affairs Committee that the Department of Foreign Affairs and Trade issue CNIs to same-sex.

PM Gillard defended her Government’s position in June after Independent MP Andrew Wilkie challenged the policy in Parliament, saying it looked “petty and mean-spirited”.

Gillard said it would “not be proper” to issue CNIs because the Marriage Act defines marriage as between a man and a woman.

“It’s frankly none of our business who decides to get married in another country. It just shouldn’t be our concern. There should be no impediment,” Perryman said.

“It’s outmoded, outdated and needs to be corrected.”

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4 responses to “ALP branch votes to end CNI ban”

  1. I think what a lot of Australian’s don’t realize is that same sex couples living in Australia have access to health care, medicare, tax benefits and estate provisions. It is only through marriage that same sex couples living in New York will have access to most financial benefits that same sex couples living in Australia already do. However by denying Australians living in NY access to the CNI she is not only preventing them from having their legal right to get married, but all the financial benefits that they would have if they lived in Australia.
    Given that Aussies are expected to live by the law set down by the country they reside, Gillard is essentially giving the USA the finger by preventing us aussies being afforded the same moral and financial rights. I think it is a legal case waiting to happen.

  2. It is a shame Labor is trying to be so cruel to people who want to marry in another country. Good on this branch for having a go and trying to save Labor.

  3. Gosh! And the Labor Government fund the chaplaincy program to the extent of $400 million. Good luck with this one boys (LOL!).