Gay Marriage –the Australian tradition by The Marriage Act

My friend was recounting a conversation he had with his father about marriage for same-sex couples. His father was against it because marriage was defined as between “a man and a woman” through tradition and in particular cited that the Marriage Act stated this since Australia existed as a nation.

The part of the Marriage Act my friend’s father was speaking about is this;

“Marriage, means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.”

and

“Certain unions are not marriages. A union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia.”

Which seems quite clear, there’s no way to deny this statement’s in the Act. There’s just one problem, it’s an amendment added in 2004.

Seven years ago.

The reason for the introduction is that the Australian Government at the time (led by John Howard) was concerned about the interpretation of the Act allowing marriages for same-sex couples; the issue was that there was no definition that excluded same-sex couples. It’s very unlikely that when the Marriage Act was written same-sex marriage was considered by the lawmakers, but that means it’s just as likely it wasn’t considered at all. Same-sex marriage wasn’t illegal until seven years ago, it was just never challenged.

And that potential legal challenge is why the ruling Government at the time (with support of the Opposition) passed the amendment in the year 2004.

To allow marriage for same-sex couples the only thing that needs altering is the rewording of the definition or the removal of said definition that didn’t exist prior to 2004. The vocal fear-mongering from some people, like Rebecca Hagelin, that same-sex marriage will lead to polygamy or child-brides deliberately ignores Part III, Section 23 of the Marriage Act that explicitly outlaws/voids such unions from ever being covered. And that has existed since the act was created in 1961.

It’s important to note that The Marriage Act hasn’t existed since the time of the federation of Australia. The Marriage Act was only created fifty years ago where the States gave up their individual powers to create a consistent set of laws that existed for all of Australia.

My mother is older than the Marriage Act (sorry for revealing your age, mum!!), she supports same-sex marriage, but apparently the tradition, which is even younger than her, has existed longer.

The sillier part is that the legal distinction is even younger than me, considering the clear exclusion for same-sex couples has only existed since 2004, and yet many wrongly claim that it’s the tradition of the Marriage Act since Australia came along. I’m 23 years old.

The simple solution is that the amendment doesn’t need to be removed, just altered once more;

“the union of two people, regardless of their sex, sexual orientation or gender identity, to the exclusion of all others, voluntarily entered into for life.”

All it does is mean that gay and lesbian couples are legally entitled to equal rights and protections. If you want to know more about the marriage act, it can be viewed here.

What would be your concerns with removing/altering the 2004 amendment?

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