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The personal side of equality
p10_law_reform_250.jpgCorey Irlam reflects on the ongoing campaign for LGBT law reform.

Canberra during Floriade, the biggest flower festival in the country, is beautiful to visit. On the downside, finding accommodation during the festival in a week when Parliament is sitting can be very hard indeed.

Thanks to a few good contacts, the gay & lesbian ‘sisterhood’ found me a bed at home of J and P, two mature gentlemen who’ve been together 23 years.

They warmly welcomed me into their home and proudly showed me their civil partnership certificate, which they’d received only months earlier.

As we talked about the ACT civil partnership scheme, J told me the story of the day they’d registered their relationship. P took some time off work and met J at the registrar’s office. They waited in line with their paperwork and proof of residence.

Upon concluding their ‘transaction’ J turned to P, saying, “That wasn’t very special... It seemed to her (the cashier behind the counter) we were just another number.”

J had commented several times that P was not a romantic. Yet J did not know that P had arranged to have 12 long stemmed roses ready to greet J on his return home.

I kept thinking about this story as I talked to various people about the new Federal Government legislation changes. These two men had gone to the effort to have their relationship recognised in the eyes of the law. They had elected to stand up and be counted in the only formalised way available to them.

But the current changes by the Federal Government refer to these ‘registered’ relationships as a type of ‘defacto partner’. This is not appropriate. Formalised relationships deserve treatment with dignity. They deserve legal recognition that they’re not a defacto partnership.

I should say at this point I have nothing against defacto relationships. I’m not saying one is more important than the other. I’m merely suggesting that they’re both unique, and should be treated with equal respect.

For those who choose to remain in a defacto relationship, it’s a wonderful thing.

But for J and P and the hundreds of other couples who have formalised their relationship, here and overseas – surely the formalised recognition of their relationship should be acknowledged in our laws?

Last Thursday afternoon the Rudd Government announced further amendments to the Family Law Act. These amendments, if passed, will equally recognise the relationship between a child and both their same-sex parents. As many would know, at present only the biological parent is recognised by law.

I can’t begin to imagine the anguish a parent must feel at being legally invisible and unacknowledged as the parent of their child; to be unable to sign a school excursion form or authorise medical procedures.

But more important are the interests of the child: a child who has grown up knowing only both their mums or both their dads. Today, this child would only receive financial and workplace benefits from one parent.

With the new changes the Government is introducing, the best interests of the child will be upheld by ensuring they’re not discriminated against because of the family they were born into.

Malcolm Turnbull, the newly appointed Leader of the Opposition, told his constituents a year ago, “I have sought to address and overcome this (same-sex) discrimination. I pledge to continue this fight until justice is done.”

Yet on Tuesday night, when the Opposition spoke on the issue of law reform benefitting same-sex couples and their children, the Leader of the Opposition was nowhere to be seen. Brendan Nelson had spoken first, on the superannuation reforms. Deputy Leader Julie Bishop moved an amendment on behalf of the Opposition for the Family Law reforms. But on the omnibus bill that seeks to amend 68 pieces of legislation, Turnbull was nowhere to be found. We can only hope that his support is vocal inside the party room.

The Shadow Minister for Home Affairs spoke about various amendments the Opposition would refer to a Senate Committee to consider. These possible amendments to the omnibus bill may lead to disagreement between the Opposition and the Government.

The omnibus bill will pass the house because the Government has the numbers to ensure its successful passage. But in the Senate, many decisions will rely on the Senate Inquiry’s report into the omnibus bill, which has been deferred until October 8.

This report will recommend amendments such as changes to the definition of ‘defacto partner’, ‘child’ and ‘parent’. In light of the Government’s proposed amendments to the Family Law Act, it’s likely the committee inquiry will involve a robust debate about the best interests of the child.

It’s vital that Turnbull and other leaders in the Senate publicly support this bill. They must ensure these differences of opinion regarding wording do not lead to unnecessary delays. The Rudd Government has said they want this legislation passed before the end of the year. It will be a test of Malcolm Turnbull’s leadership of the Opposition to ensure that this timeframe is met.

Corey Irlam is the spokesperson for the Australian Coalition for Equality.
www.coalitionforequality.org.au
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