Postmodern CriticAustralia's Gay-Related Laws Recently Became More Progressive
May 4th 2008 11:51
This is the message I received from the official Gay & Lesbian Rights Lobby presence on the social netoworking site, Facebook, on the 22nd of April:
The NSW Attorney-General John Hatzistergos today announced that the NSW government will be introducing legislation to remove discrimination against same-sex couples and their children. The changes will include:
= The recognition of co-mothers as legal parents of children born through donor insemination
= Birth certificates allowing both mums to be recognised
= Amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and
= Amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services.
Unfortunately, adoption and surrogacy parenting reforms will not be included in this round of reform. This means that step-parented families and families created through surrogacy will not be covered by the changes. A lesbian or gay couple will still not be able to adopt as a couple - but may adopt as individuals. The NSW Government has said it will refer these matters for further consideration to the health, community services and attorneys general ministerial councils. Relationship registers will also not be introduced at this stage. The NSW Government has said it does not favour state-based relationship registers, but would prefer a register at the Commonwealth level which included all states. However, the NSW Government will continue to examine the functioning of the ACT, Tasmanian and Victorian schemes.
The Gay & Lesbian Rights Lobby has welcomed these changes which will provide practical and symbolic equality to many same-sex couples and their children. It will ensure children born through donor insemination will have two legally-recognised mums for the purposes of inheritance, access to medical treatment, school permission notes, family death or breakdown and any other area of parental responsibility.
Emily Gray, Co-Convenor of the GLRL said, “We are pleased that NSW is finally falling into line with other states and territories in allowing both mums to be recognised as legal parents, and for birth certificates to reflect the true reality of a child’s family.”
The Lobby has been consistently campaigning for these changes since our report, And Then... The Brides Changed Nappies, was released in 2003. A widespread public campaign and meetings with MPs for nearly five years has helped to finally make some of the recommendations in the report government policy.
On the question of adoption Co-Convenor Peter Johnson said, “These reforms are a leap forward for equality in NSW, but are one bar short of the finish line. Equality for gay and lesbian people must include adoption reform to ensure same-sex couples are eligible to be considered as adoptive parents.”
Johnson further elaborated that the NSW Government should take a more active role in pushing for formal relationship recognition. “From the consultations that the Gay and Lesbian Rights Lobby undertook in 2006, there is a strong desire and need for the peace of mind that formal relationship recognition, such as a relationship register, would offer in accessing relationship rights. With other states moving towards implementing relationship registries, the NSW government should be actively seeking to implement a similar scheme that is consistently recognised across Australia.”
The Gay & Lesbian Rights Lobby congratulates members of our community who have lent their voices in support of our campaign for parenting equality by sending their letters, postcards and e-cards to the Attorney-General. Special thanks goes to Professor Jenni Millbank, a former committee member and the author of the Brides Changed Nappies report.
Yours in the fight for equality,
The GLRL Team
Gay & Lesbian Rights Lobby
Benledi House
Suite 3, Lvl 1, 186 Glebe Point Rd
Glebe NSW 2037
PO Box 304, Glebe, 2037
Phone: (02) 9571 5501
Fax: (02) 9571 5509
Internet: www.glrl.org.au
The GLRL was originally campaigning for 58 amendments to NSW legislation, and other independent sources have been demanding more than 100 of them, so the fight is still only half-won. Kevin Rudd's government may be significantly more progressive than John Howard's, and I'm happy about the changes that have been made so far, but their failure to see adoption rights and same-sex marriage recognition as vital to a fair and just Australia is lamentable. With Spain, the Netherlands and Belgium already allowing same-sex marriage, and Spain allowing same-sex couple adoption, Australia cannot afford not to be avant-garde on this issue.
What are people really afraid of? That homosexual rights will erode heterosexual rights? I actually think that it's healthy for heterosexuals to come to terms with the fact that theirs are not the only kinds of acceptable, legitimate relationships out there. Marriage should not be an ecxlusively heterosexual rite/right as that discriminates not only against those people who do not have the option to make their relationship as 'equal' as others', but for heterosexuals too, as the lack of visibility of gay couples reinforces the idea that heterosexuality is somehow more acceptable, productive, loving and 'natural'. Homosexual rights can only intensify heterosexual rights, as both groups can learn something from each other, and the more they are positioned as equal, the more likely it is that people will be willing to appropriate the good things from others' worlds without being deterred by envy, bitterness, ignorance or prejudicial attitudes.
The NSW Attorney-General John Hatzistergos today announced that the NSW government will be introducing legislation to remove discrimination against same-sex couples and their children. The changes will include:
= The recognition of co-mothers as legal parents of children born through donor insemination
= Birth certificates allowing both mums to be recognised
= Amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and
Unfortunately, adoption and surrogacy parenting reforms will not be included in this round of reform. This means that step-parented families and families created through surrogacy will not be covered by the changes. A lesbian or gay couple will still not be able to adopt as a couple - but may adopt as individuals. The NSW Government has said it will refer these matters for further consideration to the health, community services and attorneys general ministerial councils. Relationship registers will also not be introduced at this stage. The NSW Government has said it does not favour state-based relationship registers, but would prefer a register at the Commonwealth level which included all states. However, the NSW Government will continue to examine the functioning of the ACT, Tasmanian and Victorian schemes.
The Gay & Lesbian Rights Lobby has welcomed these changes which will provide practical and symbolic equality to many same-sex couples and their children. It will ensure children born through donor insemination will have two legally-recognised mums for the purposes of inheritance, access to medical treatment, school permission notes, family death or breakdown and any other area of parental responsibility.
Emily Gray, Co-Convenor of the GLRL said, “We are pleased that NSW is finally falling into line with other states and territories in allowing both mums to be recognised as legal parents, and for birth certificates to reflect the true reality of a child’s family.”
The Lobby has been consistently campaigning for these changes since our report, And Then... The Brides Changed Nappies, was released in 2003. A widespread public campaign and meetings with MPs for nearly five years has helped to finally make some of the recommendations in the report government policy.
On the question of adoption Co-Convenor Peter Johnson said, “These reforms are a leap forward for equality in NSW, but are one bar short of the finish line. Equality for gay and lesbian people must include adoption reform to ensure same-sex couples are eligible to be considered as adoptive parents.”
Johnson further elaborated that the NSW Government should take a more active role in pushing for formal relationship recognition. “From the consultations that the Gay and Lesbian Rights Lobby undertook in 2006, there is a strong desire and need for the peace of mind that formal relationship recognition, such as a relationship register, would offer in accessing relationship rights. With other states moving towards implementing relationship registries, the NSW government should be actively seeking to implement a similar scheme that is consistently recognised across Australia.”
The Gay & Lesbian Rights Lobby congratulates members of our community who have lent their voices in support of our campaign for parenting equality by sending their letters, postcards and e-cards to the Attorney-General. Special thanks goes to Professor Jenni Millbank, a former committee member and the author of the Brides Changed Nappies report.
Yours in the fight for equality,
The GLRL Team
Gay & Lesbian Rights Lobby
Benledi House
Suite 3, Lvl 1, 186 Glebe Point Rd
Glebe NSW 2037
PO Box 304, Glebe, 2037
Phone: (02) 9571 5501
Fax: (02) 9571 5509
Internet: www.glrl.org.au
The GLRL was originally campaigning for 58 amendments to NSW legislation, and other independent sources have been demanding more than 100 of them, so the fight is still only half-won. Kevin Rudd's government may be significantly more progressive than John Howard's, and I'm happy about the changes that have been made so far, but their failure to see adoption rights and same-sex marriage recognition as vital to a fair and just Australia is lamentable. With Spain, the Netherlands and Belgium already allowing same-sex marriage, and Spain allowing same-sex couple adoption, Australia cannot afford not to be avant-garde on this issue.
What are people really afraid of? That homosexual rights will erode heterosexual rights? I actually think that it's healthy for heterosexuals to come to terms with the fact that theirs are not the only kinds of acceptable, legitimate relationships out there. Marriage should not be an ecxlusively heterosexual rite/right as that discriminates not only against those people who do not have the option to make their relationship as 'equal' as others', but for heterosexuals too, as the lack of visibility of gay couples reinforces the idea that heterosexuality is somehow more acceptable, productive, loving and 'natural'. Homosexual rights can only intensify heterosexual rights, as both groups can learn something from each other, and the more they are positioned as equal, the more likely it is that people will be willing to appropriate the good things from others' worlds without being deterred by envy, bitterness, ignorance or prejudicial attitudes.
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