ACT legalises same-sex unions

11 Nov 2009, 8:47 pm   -   Source: AAP
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A rebellious ACT government is hoping it's third time lucky after passing new laws that recognise unions between same-sex partners.
 

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A rebellious ACT government is hoping it's third time lucky after passing new laws that recognise unions between same-sex partners.

But with the federal government threatening to quash the legislation yet again, ACT politicians are committing to a long-haul fight, saying it's only a matter of when, not if, gay couples are granted equal rights.

Legislation introduced by the ACT Greens was passed on Wednesday, allowing same-sex couples to create a civil union through a legally binding ceremony.

It's a step up from the ACT's previous laws, which recognised civil partnerships between gay and lesbian partners, but not the weddings.

Labor Education Minister Andrew Barr, who is in a gay relationship, choked up before colleagues at the Legislative Assembly as he spoke in support of the amendments.

"Love, trust and intimacy and commitment are found at the heart of all good relationships," he said.

"I'm proud that this parliament will send that signal that my relationship with Anthony is equal to any other."

The ACT government - minus the support of the Liberals - has campaigned hard for equal rights for gay couples.

A first attempt to introduce gay marriage laws failed after intervention by the Howard government in 2006, while under Prime Minister Kevin Rudd, its second attempt was forcibly watered down.

Both sides of federal politics argue marriage should remain solely between a man and a woman.

But ACT Greens spokesman Shane Rattenbury, who drafted the laws, says he believes the new legislation has been framed in such a way that it will not compromise the commonwealth's hardline stance.

"We understand that this is not same-sex marriage," he said.

"We have done in the ACT what we can within our constitutional power."

The laws, which have received the legal backing of the now-federal solicitor-general Stephen Gageler, have been drafted to reassure the commonwealth civil union ceremonies won't be the same as marriages.

But the federal government, which has the power to overturn any ACT law, has signalled it could block the changes for a third time.

"We're not ruling it in or out until we've had a chance to look at (the legislation) in detail," said a spokesman for acting Attorney-General Brendan O'Connor.

Australian Greens senator Sarah Hanson-Young, who introduced a bill in the federal parliament June which aims to allow gay couples to marry, hopes that doesn't happen.

"(The ACT legislation is) an important step towards achieving true equality for same sex couples," she told Sky News.

"I hope that the prime minister accepts that for what it is and does not use his powers to override the territory's law."

But should it be struck down again, the ACT Greens are not backing down.

"We will keep on it," a spokesman said.

"This is not the end of the debate for equal rights for same-sex couples.

"It's not a matter of if, but when."

 

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