Dissenting Report from the Australian Greens
Foreign Marriages Bill 2014
Introduction
1.1
The inquiry into the Recognition of Foreign Marriages Bill 2014 generated
a large amount of community interest. Evidence provided to the committee made
it clear that with an increasing
number of same-sex couples in Australia marrying overseas the need for formally
recognising their relationship was essential.
1.2
The majority committee report fails to acknowledge the submissions
provided by thousands of Australians and the evidence from legal experts who
have supported the intention of this Bill.
1.3
Throughout the inquiry the committee heard from a number of witnesses
and experts who made suggestions as to how best strengthen the Bill to ensure
that equality was afforded to all LGBTI Australians.
1.4
The Australian Greens recommend that the Bill be passed as amended,
subject to suggested amendments.
Reasons to support the recognition of foreign marriages
1.5
This Bill enables same-sex couples who choose to marry overseas or in
consulates in Australia to be recognised equally before the law. Denying
same-sex couples the right to have their marriage recognised violates
international and human rights law.[1]
1.6
Research provided to the committee revealed that LGBTI people who were
in legally recognised relationships reported less internalised homophobia,
fewer depressive symptoms, less stress, and greater wellbeing in feeling that
their lives had meaning.[2]
1.7
Similarly, as highlighted by Australian Marriage Equality in their
submission, research from the Netherlands and the US shows that a) marriage
strengthens same-sex relationships, b) enhances same-sex couples interactions
with their families and communities, and c) the children of same-sex couples
families gain when their parents can marry.[3]
1.8
By recognising same-sex marriages entered into overseas, as we do with all other marriages, this Bill will help gay and
lesbian Australians who are in loving relationships get the recognition that
they deserve and will have a positive impact on Australian society.
Suggested amendments to the Bill
1.9
A number of submitters were concerned that the Bill in its current form
is too narrow and risks excluding transgender, gender diverse or intersex and
others who do not identify as purely male or female. The Australian Greens
agree and thank those experts in the field for raising this through the inquiry
process. In order to address the issue The Australian Greens will be
recommending that the Bill be amended so as remove the gender specificity.
1.10
Further to this, the Human Rights Law Centre noted that the Bill retains
s 88B(4), which provides that the meaning of marriage in s 88E is given by
subsection 5(1), that is, that marriage is between a man and a woman. The Human
Rights Law Centre recommended that this provision be repealed so as to address
issues of inconsistency and conflict. The Australian Greens acknowledge the
evidence provided and will seek to amend the Bill accordingly.
1.11
The Bill currently uses the term “solemnised in a foreign country” and
“solemnised in a foreign country under a local law”. Australian Marriage
Equality suggested that that the laws in question are national laws and that it
should be clear that the Bill deals with these laws. Suggested amendments
include “solemnised under foreign laws” and “solemnised outside Australia”. The
Australian Greens acknowledge the evidence provided and will seek to amend the
Bill accordingly.
Objection to recognition of foreign marriages between same-sex partners
1.12
Evidence provided to the committee by submitters who oppose the
recognition of foreign same-sex marriages raised similar arguments to opponents
of marriage equality. These included impingement on religious freedoms, that
this was a ‘slippery slope’ to the recognition of non-conventional marriages in
Australia and concerns about children and preserving the family unit.
1.13
These arguments have been comprehensively dealt with by previous
inquiries, in particular the inquiry into the Marriage Equality Amendment
Bill 2010[4]
which recommended that the Bill be passed into law. The Australian Greens will
not revisit these arguments in this report and ask that those interested refer
to the final report of the Marriage Equality Amendment Bill 2010 inquiry.
1.14
Further to this there was concerns that this Bill would create a new
form of inequality by restricting marriage to those same-sex partners who have
the capacity to travel overseas.
1.15
This argument was challenged by a number of submitters, in particular
Australian Marriage Equality, who argued that:
This objection fails to understand
the reasons many same-sex couples marry overseas. Some value marriage as an
institution very highly. Some have a sense of urgency...In these situations
couples are willing to make the sacrifices necessary to marry overseas. It is a
necessity for them, not a luxury. Whether or not a couple marries overseas is
their decision, not the decision of those parliamentarians.
1.16
It is evident from the evidence provided to this committee that those
who are opposed to this Bill are similarly opposed to marriage equality and
affording same-sex couples the right to marry under the law.
Conclusion
1.17
The Australian Greens thank those who submitted to the inquiry and for
evidence relating to suggested amendments to strengthen the Bill.
1.18
It is evident that the recognition of foreign marriages is necessary to
address fundamental human rights issues which currently exclude LGBTI Australians.
This Bill offers a modest
and practical step towards marriage equality and is consistent
with the foundational Australian ideal of equality
before the law.
1.19
The Australian Greens recommend that the Bill be passed as amended,
subject to suggested amendments.
Recommendation 1
1.20
The Australian Greens recommend that new section 88EA be amended to
replace “a woman and another woman” and “a man and another man” with “two
people”.
Recommendation 2
1.21
The Australian Greens recommend that the Bill be amended to repeal
subsection 88B (4).
Recommendation 3
1.22
The Australian Greens recommend that the Bill be amended to replace
references to “solemnised in a foreign country” and “solemnised in a foreign
country under a local law” with “solemnised under foreign laws”.
Recommendation 4
1.23
The Australian Greens strongly support the Foreign Marriages Bill 2014
and recommend that it be debated and passed into law, subject to the amendments
set out in recommendations, 1, 2 and 3.
Senator Sarah Hanson-Young
Senator for South
Australia
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