Court challenge to marriage ban

Court challenge to marriage ban

Sydney lawyer and LGBTI activist Simon Margan is calling for community members to become plaintiffs in a class action against the federal Government’s ban on same-sex marriage.

Margan intends to challenge the ban on the grounds of sex discrimination and discrimination based on marital status.

“We’re looking for a broad range of the LGBTI community — plaintiffs who represent all of the lesbian gay, bisexual, transgender, intersex categories to make it as representative as possible,” Margan told
the Star Observer.

Margan said it was not necessary for a person to have married overseas or have tried to marry or to even be in a relationship to take part in the class action.

“Part of the complaint is about people who have tried to get married and who want to get married but are being restricted from doing so but another part of the complaint is about the fact that the law exists and infringes our human rights,” Margan said.

“The mere existence of the law is something that is discriminating against all of the LGBTI community regardless of whether you want to get married or not.” Anyone wishing to become a plaintiff should contact Simon at [email protected] and he will send the necessary paperwork to fill out.

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7 responses to “Court challenge to marriage ban”

  1. Simon

    I admire your get up and go.

    Can I ask a few questions:
    – Who pays for the legal bills and the costs of the Govt if we lose?
    – How long would a case like this run (it would go for eternity).

    I think advocacy is the best way to go. And we need to engage the gay community to all play their part.

    We need people calling and visiting their local politican, writing to the papers and speaking to their family and friends to gain their support. This is how we will win this fight.

    Best wishes to you and everyone
    x

  2. This action he is undertaking seems fantastic :D The momentum on the SSM movement seems to have stalled… One second, it seems like it could actually happen… then Julia Gillard backtracks and stands firm on her assertion that it’s ‘unnatural’…
    I tell you what’s unnatural… having a BIASED PM!!! And honestly, the sooner this is sorted out, the better…
    In twenty years time, students will be learning about the time when Same-Sex Marriage was introduced… and they will be taught about the struggles the GLBTI community went through to achieve equal rights… and you know what??? they’ll wonder what all the fuss was about!!!

  3. Regardless of whether we ‘have any chance’ or not, we still need to try. Inaction does nothing but make us doormats for equality.

  4. Not In My Bed Room has said in previous post that he is hetro and strongly against Same-Sex Marriage.

    I am suprised he would care to write in if he is so certian it would fail.

    We should go to politicians wedding anniversaries and protest for equality and Same-Sex Marriage, as every year they are married, Australians are many Australians feel heavily discriminated against. Politicians families love to spend the spotlight in the media at election time so they are all fair game for strong protest.

  5. The result in US courts is not indicative of what kind of result we would get in Australia.. It’s a different country with different laws and different legal arguments can be made.

  6. Going by the courts in the USA, where the majority of court rulings have been to say there is no case of discrimination whatsoever in the ban on SSM, I say their chances are somewhat weak.

  7. One of the strongest reasons in support of SSM is that it would stop homophobia, and all the homophobic attacks which happen.

    Yet, one European country is today right on its 10th year of ‘SSM’. Yet the reports of homophobia is on the rise.

    Therefore that one word of support has been shot out of the water.