Marriage equality law australia
Media
7 September
Following the decision of the High Court clearing the way for the postal survey, the Law Council of Australia has today strongly advocated a ‘yes’ vote.
“The Law Council has long held that our marriage laws should not discriminate on the grounds of gender or sexual orientation,” said Ms Fiona McLeod SC, President of the Law Council of Australia.
“Freedom from discrimination is a fundamental human right.
“Discrimination on arbitrary grounds, including sexual orientation is contrary to Australia’s international human rights obligations.
“Article 26 of the International Covenant on Civil and Political Rights (ICCPR) provides that: ‘all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.’
“Article 26 is a ‘stand-alone’ right which forbids discrimination in any law and in any field regulated by public authorities.
“The UN Human Rights Committee has found that discrimination on the basis of sexual orientation
Australia is progressing towards LGBTIQA+ equality. In we voted for it. But the backlash to that progress poses a serious threat. The question before us is how do we continue to make progress despite the backlash?
From Bigots Island to the Rainbow Isle
Thirty years ago, my article for the first edition of the Human Rights Defender explained a ground-breaking appeal I was involved in to the UN Human Rights Committee against Tasmania’s then laws criminalising gay intimacy with up to 21 years in gaol.
That appeal was ultimately successful. It gave us a platform to seek federal legislation and a High Court ruling against the offending state law, it gave the Commonwealth Parliament a mandate to prohibit anti-LGBTIQA+ discrimination, and it set a precedent for decriminalisation in other countries from Belize to India.
The Tasmanian UN decision has played a critical role in LGBTIQA+ emancipation. But it would be wrong to attribute change in Tasmania and elsewhere solely to that decision. Its ramifications hold been greatest where there was already a community-based campaign in place.
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and verb tools, resources, and lessons learned to empower movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in
Liechtenstein: On May 16, , Liechtenstein's gove
Marriage equality
Decriminalisation of homosexuality
From the s the socially progressive South Australian Labor government wanted to repeal laws criminalising homosexuality.
However, it was not until the May murder in Adelaide of Dr George Duncan, a law lecturer and gay man, that premier, Don Dunstan, assessed that the community mood was receptive to reform.
Dr Duncan’s murder led to revelations of how commonplace violence and harassment against homosexual people was.
South Australia’s Criminal Law (Sexual Offences) Act, was enacted on 2 October It was a landmark in LGBTQIA+ rights in Australia because it fully decriminalised homosexual acts.
Equivalent law reform was passed by the Australian Capital Territory in , Victoria in , the Northern Territory in , New South Wales in , Western Australia in , Queensland in and Tasmania in