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Liberals ‘vow’ to delay same-sex reforms PDF Print E-mail
Wednesday, 11 June 2008

Rachel Cook

 

The Liberal Party has claimed they are not homophobic despite ‘vowing’ to delay any changes in law reform to end discrimination for same-sex couples.

Last week, Queensland Senator George Brandis called for a Senate inquiry into the proposed legislative changes that would see same-sex couples gain the right to inherit their partner’s superannuation or death benefits.

Brandis said he wanted the bill amended so that interdependent couples (such as two elderly sisters living together) are also included.

Opposition leader Dr Brendan Nelson backed Brandis’ push for the inquiry, telling Parliament’s Lower House that “it is more important that this be done properly, than it be done immediately,” before adding that he saw no parallels between “permanent domestic same-sex” relationships and marriage.

The Opposition does not accept that there is either a legal or a moral equivalency between such relationships and that of marriage,” Nelson said.

Shadow Treasurer Malcolm Turnbull argued that even if the law reforms are delayed, the Government should backdate the legislation so that “people who are concerned that they might die, or their partner might die before this becomes the law of the land: that concern can be set aside and the parliament can focus on getting the legislation right.”

However, Attorney General Robert McClelland told MCV that this would be of little benefit to people needing the reforms immediately.

“There are significant practical and legal issues that prevent making payments to the same-sex partner of a deceased member of a Commonwealth (defined benefit) superannuation scheme until the Bill is passed,” McClelland said.

“When you are talking about reversionary benefits, you are usually talking about a fortnightly or at least a monthly pension payment. Backdating this access won’t help anyone meet their day-to-day financial commitments.”

In response to the Coalition’s proposed Senate inquiry, gay rights advocates delivered a letter to Brendan Nelson on Tuesday, seeking a commitment from the Liberal Party to publicly commit to recognising same-sex couples as defacto relationships.

The letter also seeks clarification this will be separate from interdependent relationships, and also seeks a firm commitment that any Senate inquiry, debate and voting will be completed by June 26, 2008.

The Victorian Gay and Lesbian Rights Lobby (VGLRL) told MCV they had been contacted by a retired RAAF Wing Commander (who cannot be identified), who, due to poor health, is concerned his partner will not receive his death benefits if he dies before the legislation is passed.

“I face an uncertain life span and a deep concern that my partner of 20 years will not be recognised in a humane manner, due simply to this petty deferment of well-intended legislation,” the retiree said.

According to an informed source who spoke with MCV: “Another problem arises where there are a number of parties potentially entitled to a deceased’s reversionary benefit, for example where a deceased has a former spouse from a previous heterosexual relationship and also a partner from a homosexual relationship.

“In this case, the former spouse of the previous heterosexual relationship would receive the entire reversionary benefit prior to the change of law.”

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