US ruling on gay marriage advances cause in Australia: campaigners

A decision by the US Supreme Court has effectively legalised same sex marriages in five more states.

Rhonda Buckner (L) and Diane Ullius (R), who got a same-sex marriage in Toronto, Canada, talk with reporters after Virginia Attorney General Mark R. Herring announced that couples can begin to marry immediately in Arlington, Virginia, October 6, 2014. (AA

Rhonda Buckner (L) and Diane Ullius (R), who got a same-sex marriage in Toronto, Canada, talk with reporters after Virginia Attorney General Mark R. Herring announced that couples can begin to marry immediately in Arlington, Virginia, October 6, 2014. (AAP)

(Transcript from SBS World News Radio)

A surprise decision by the United States Supreme Court has effectively legalised same sex marriages in five additional US states, with more likely to follow quickly.

The court has rejected appeals in five states seeking to overturn laws striking down same sex marriage.

It is a development that same sex marriage advocates in Australia are hailing, saying it adds to pressure to legalise gay marriage domestically.

Biwa Kwan reports.

(Click on the audio tab above to hear the full report)

In deeply conservative states where same sex marriage was once thought impossible, it has now become possible.

Dawn Turton and her partner Beth are among a number of same sex couples in five states -- Indiana, Utah, Wisconsin, Oklahoma and Virginia -- who can now marry.

(Celebrant:) "By the power invested in me from God in the name of the Father and the Son and the Holy Spirit, I pronounce you partners for life. You may now ... " (clapping ...) (Voice:) "How do you feel?" (Dawn:) "Very exciting. Very excited. I couldn't imagine my life without Beth. So this is just a great day."

Dawn Turton says she never imagined it would happen now.

"You know what, this was much faster than I expected. I'm a native of Virginia, and I thought we would be last, so I'm just thrilled to see that my home state has made this decision."

The court's decision increases the number of US states where same sex marriage is legal to 24, with six other states also affected by the ruling.

Despite the lack of a ruling on the constitutionality of same sex marriage nationwide, legal experts say the move could signal its legalisation nationwide.

Supporters of traditional marriage have promised to challenge the decision, saying several federal appeals courts have yet to be heard on the matter.

But the co-convener of the New South Wales Gay and Lesbian Rights Lobby, Justin Koonin, says it puts growing pressure on Australian politicians to legalise gay marriage.

"I think the US case is possibly slightly different from what's going to happen in Australia, because, ultimately, in Australia, it will be a decision of parliament and not a decision of the courts. Nevertheless, what's remarkable is the level of public support in Australia is probably even greater than that in the US."

Mr Koonin says the reason Australia has not followed other countries like New Zealand, Canada and France lies in the political leadership.

"Well, we've advanced in terms of public support. The latest poll that I saw indicated that over 70 per cent of Australians support marriage equality, and that's a phenomenal number. As I say, it's probably higher than any of the countries in which marriage equality has been legalised at the time it was legalised. I think we're getting closer towards a resolution in parliament. The last vote that we had in 2012 was closer than it ever had been. The Labor Party had granted its Members a conscience vote. What needs to happen now is for the Coalition to do the same. And then I think we'll have a real interesting situation and the possibility of success."

He is referring to the latest poll commissioned by the group Australian Marriage Equality.

But despite the growing public support, opposition to legalising same sex marriage remains.

The Australian Christian Lobby argues the passage of gay marriage laws would create a real vulnerability to freedom of religion and conscience.

Moves to legalise same sex marriage in Australia have had mixed success, with the High Court overturning an attempt to pass laws in the Australian Capital Territory last year.

The High Court ruled any change to the Marriage Act must come from the federal government.

Norfolk Island, an external territory, tabled legislation on same sex marriage last month in a scheme that would exist parallel but separate to the Federal Marriage Act.

Australian Marriage Equality national convener Rodney Croome says, compared to comparable countries, Australia is an outlier on the issue of legalising same sex marriage.

"Marriage equality now prevails across most of Western Europe, including in the United Kingdom, increasingly in the US, and Canada, of course, and as close as New Zealand. Almost through the entire English-speaking developed world, there's marriage equality, except in Australia. We're increasingly an outpost of outdated prejudices and homophobia. If we want to be seen as a progressive nation, if we want to rejoin the company of nations that provide their citizens with full equality, we really need to pass this reform, and we have to pass it soon."

Crossbench senator David Leyonhjelm had planned to introduce a bill to legalise same sex marriage into the Senate last week.

But the plan was dropped over concerns it would lack bipartisan support.

 


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By Biwa Kwan

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