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Resolute 05-28-2004 02:12 PM

- G A Y - Marriages in Australia - Breaking News
 
The Howard government, in Australia, has decided to forge ahead with plans to outlaw same-sex marriage plus ban gay couples from adopting overseas children. But superannuation laws will change for the better.

Prime Minister John Howard has announced his government will go ahead with plans to bar same-sex couples from getting married and also ban them from adopting overseas children.

However he pledged to change superannuation and tax laws to allow same-sex couples to bequeath death benefits to their partner.

In a press conference on Thursday 27 May, Howard said Federal Cabinet had agreed to insert the words ?man? and ?woman? into the Marriage Act to protect the traditional definition of marriage.

"We've decided to insert this into the Marriage Act to make it very plain that that is our view of a marriage and to also make it very plain that the definition of a marriage is something that should rest in the hands ultimately of the parliament of the nation," he said.

"(It should) not over time be subject to redefinition or change by courts. It is something that ought to be expressed through the elected representatives of the country."

"We are also going to amend the legislation to ensure that same-sex couples ... will not be eligible as prospective adoptive parents under any multilateral or bilateral agreement concerning the adoption of children to which Australia is a party," he said.

The Attorney-General, Phillip Ruddock, said the vast majority of Australians would agree that marriage is the union of a man and a woman, ?to the exclusion of all others?.

"I understand that some Australian same-sex couples are considering travelling overseas to marry under the laws in these countries in the hope that their marriage will then be recognised under Australian law on their return,? Ruddock said.

"The Government will amend the Marriage Act to make it absolutely clear that Australia will not recognise same-sex marriages entered into under the laws of any other country.?

On the adoption ban, Ruddock said ?the Government is fundamentally opposed to same-sex couples adopting children?.

"In the view of the vast majority of Australians, children have the right, all other things being equal, to have the opportunity to be raised by a mother and a father.

"By these actions the Government is making clear its commitment to the institution of marriage," he said.

Gay rights activist Rodney Croome said that setting the definition of marriage in cement will rob same-sex couples married overseas from the right to ask the Family Court to recognise their unions. And barring gay couples from overseas adoption ?will mean children from countries that allow foreign gay adoption will be robbed of an opportunity of a better life in Australia?.

Croome welcomed the prime minister's proposal to give superannuation rights to same sex couples and people in other significant relationships, but questioned his motives.

"The fact that the Government has had many opportunities to support this reform since 1996 and has knocked it back every time strongly suggests that its current superannuation reform proposal is about sweetening a legislative agenda which is otherwise bitterly sour with prejudice."

The amendment to the Marriage Act is unlikely to be blocked by the Opposition, they have indicated. Shadow Attorney-General Nicola Roxon told Sydney Star Observer she had not yet seen Howard?s proposed Bill, but if it ?simply confirms the existing common law that marriage is between a man and a woman, Labor would be likely to accept it?.

?But naturally we will not adopt a final position until we see exactly what is being proposed,? she said.

Roxon explained that while Labor does not intend to amend the Marriage Act to recognise same-sex couples, their priority is to remove discrimination for gay and lesbian couples across all other areas of law, effectively giving them the same recognition as de factos.

However Labor is divided on the issue. Federal member for Sydney, Tanya Plibersek, said she was personally against an amendment. ?I think it?s absolutely unnecessary. I think it?s offensive to people who are in loving and committed relationships to say that this is some social problem that needs a sledge hammer to fix it.

?What sort of over-reaction is that? We?ve got social services around the country falling to pieces and here Howard is concerned that people who love each other are going to be allowed to say so publicly.?

Earlier this week Greens MP Michael Organ introduced a bill that seeks to outlaw discrimination on the basis of sexuality, opening the way for same-sex couples to have equal rights in regards to marriage, adoption, superannuation, employment entitlements and access to reproductive or health services.

However gay rights groups have complained Organ?s bill isn?t far-reaching enough and that they weren?t consulted on it. The NSW Gay and Lesbian Rights Lobby co-convenor Rob McGrory said while he welcomed the Greens' commitment to equality they still had a lot of work to do.

?The Bill misses some significant areas of discrimination and there are legal and constitutional issues that need to be resolved,? he said. ?It seeks to overturn State laws in a way that may not be constitutional nor desirable".


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