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Sunday, May 04

No civil union ceremonies for gay couples in Canberra

Source: The Age, ABC News (Australia), Sydney Morning Herald
SAME-SEX couples in Canberra have lost a legal battle for civil unions, after the Australian Capital Territory (ACT) Government was forced into a humiliating backdown on the issue during tense negotiations with the Federal Government.

ACT Attorney-General Simon Corbell said the Commonwealth (the federal government) threatened to veto its bill on same-sex unions, leaving the ACT with "no choice" but to amend it.

"We are angry, disappointed and frustrated with the approach of our federal colleagues," Mr Corbell told reporters yesterday.

"I am sorry that the Federal Government has taken such a limited and ... contradictory view of providing for equality before the law for gay and lesbian people....

"The ACT condemns in the strongest possible terms the Federal Government's resort to this undemocratic, 19th century colonial style power to override the decision of a democratically-elected ACT Legislative Assembly," he said.

The ACT had planned to introduce legislation that would recognise gay unions through a legal ceremony.

The laws were to be similar to those the territory passed in its 2006 Civil Partnerships Bill that were disallowed by the previous government, headed by conservative John Howard.

"Given the stubborn refusal of the Federal Government to consider any compromise, the territory has decided to amend its legislation to provide for a form of civil partnerships without ceremony," Mr Corbell said.

A spokeswoman for the Campaign for Civil Unions group, Rebecca Leighton, said the move was a serious blow.

"We're appalled that the ACT Government has been put in a position of dropping the bill. The (ACT's) Stanhope Government was elected in 2004 on a platform of introducing civil unions legislation," she said.

In December, Australia's new prime minister, Kevin Rudd, gave hope to gay and lesbian couples by indicating he would not use Commonwealth powers to override same-sex marriage laws passed by states and territories, as the Howard government did.

"On these matters, state and territories are answerable to their own jurisdictions. State and territory governments are elected to govern, they are accountable to their constituents," Mr Rudd said then.

But those hopes were snuffed out with yesterday's announcement.

The federal government agreed to end discrimination for gay couples in many federal laws last week, including in taxation and superannuation. But federal Attorney-General Robert McClelland has repeatedly ruled out supporting the ceremony aspect of the ACT's Civil Partnerships Bill, which he says would "mimic marriage".

Mr Corbell accused the Commonwealth of taking a hypocritical approach to equality for gay couples. "You can't provide for equality in some areas and say that discrimination exists and yet continue with a hypocritical position on other … matters," he said.

The ACT Government was given the "stark choice" of pursuing the legislation and facing a federal veto or amending it to give gay couples some legal recognition through a registration scheme.

He said the scheme would make it easier for gay couples to make use of Commonwealth reforms in superannuation, taxation and social security laws.

As recompense to the gay and lesbian community, Mr Corbell said the territory would fund ceremonies for gay couples that carry no legal recognition.

The amended bill will be debated in the ACT this week.

Mr McClelland welcomed the amendments. "The Government made clear to the ACT that it would not accept legislation that mimics marriage," he said in a statement.

Full article: Federal veto forces ACT backdown on gay unions | The Age
Corbell regrets failed civil partnership bid | ABC News
ACT plan for gay marriages thwarted | Sydney Morning Herald

Posted by NewsEditor on May 04 2008, 02:42 PM [Permalink]


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