Legal Status Of Same Sex Marriage Rights In Australia!

February 4, 2021    Familylawyers   
Legal Status Of Same Sex Marriage Rights In Australia!

As the name suggests, same marriage implies a nuptial bond between two people pertaining to the same sex. This practice has been legalized in Australia since 9th December, 2017. The legislation which allows same-sex marriage was enforced in accordance with a particular Act of Australia. This Act is popularly known as the ‘Amendment (Definition and Religious Freedom) Act 2017. This Act was passed by the Australian Parliament on 7th December, 2017. The subsequent day, it received a royal approval from the Australian governor general.

Beginning Of The Same-Sex Marriage Act In Australia!

The same-sex marriage act in Australia literally came into effect on December 15, 2017. This is because the first same sex marriage was held in Australia on this particular day. Subsequently, a voluntary postal survey followed the passage of this particular act. The survey was done on all of the Australians in an effective manner. Finally, it was inferred that almost three fourth of the Australian population was in support of same-sex marriage.

Definition Of Same-Sex Marriage Under The Federal Law!

Same-sex marriage can also be defined as de-facto relationships under the Federal Law of Australia. Under this law, same-sex couples can enjoy plenty of rights and privileges like that of de-facto partners. The fact is most of the territories and states in Australia have legalized domestic partnership registries or civil unions.  This is in contradiction of the relationships registers schemes or national civil unions in Australia. Same-sex couples under the former are conventionally recognized as de-facto partners in Australia.

Passage 0f Same-Sex Marriage Law In 2013!

Before the same-sex marriage act of 2017, some bills pertaining to same-sex marriage were introduced to the Australian Parliament. These bills were introduced consecutively between a time-frame of September in 2004 till May in 2017. Each of these bills didn’t pass and subsequently did not come into effect as well. This event was followed by the enforcement of a same-sex marriage legislation by the Australian government in the year 2013.

The Verdict Of The Same-Sex Marriage Law In 2013!

Eventually, the 2013 same-sex marriage law was nullified by the Australian High Court based on substantial grounds. They cited a compelling reason that this kind of a law can only be proposed by the Commonwealth of Australia. Prior to the passage of the bills, the Howard Government revamped the same-sex marriage law in August, 2004. Their prime objective was to prevent the same-sex marriage basically.

Section 88EA!

To delve a bit deeper, the Howard government had introduced a bill against the notion of same-sex marriage in Australia. They included a certain definition for marriage in Section five of the particular Act. This definition implied that the union of a woman and a man is considered to be a marriage in Australia. All the other marriages should be considered null and void in the country. Section 88EA got introduced right after this particular event.

Definition Of Section 88EA!

Section 88EA states that any foreign marital relationships of same-sex couples won’t be recognized as same-sex marriages in Australia.

Get Top-Notch Legal Assistance In Perth!

So, are you also a same-sex marriage couple in Australia? Are you encountering a lot of legal issues regarding the same? Then, hire one of the top family lawyer to get the choicest legal assistance in this matter. These lawyers have the expertise and acumen to resolve any legal case impeccably. Their sound legal knowledge and insights have helped them resolve each and every family law related matters with flying colours. So, rest assured that your lawyer will resolve your same-sex marriage case up to your complete satisfaction.

Policy Amendments by Malcolm Turnbull!

The government of Australia sort of gave up about not taking any measures furthermore. The recognition of the same-sex marriage saw a light of hope after Prime Minister Malcolm Turnbull came into being. He was in intense pressure to make some significant policy amendments. These amendments were to be made in light of the assent of same-sex marriage in Australia. Subsequently Mr. Turnbull allowed a conscience vote in the Parliament of Australia.

 The consequences!

The repercussion of this ‘conscience vote’ received a positive response to a great extent. A lot of MPs of the Liberal Party showed a good deal of interest in legalizing same-sex marriage in Australia. This response from the end of the Members of the Parliament came by August in 2017.  According their revelation, they were ready to cross the line and suspend the standing orders effectively. Besides, they were also ready to forcibly commence debates on same-sex marriage legislation against the will of the Australian government.

Voluntary Postal Survey!

Subsequently, the ‘Liberal Party’ held a meeting on 7th August 2017. After this meeting was convened, the Australian government chose to put a permanent end to this particular issue. It was in the conduction of a ‘voluntary postal survey’ in the ending part of 2017. So, the Australian government furthermore stated that this will be conducted based on a certain condition.  According to this condition, the Senate needs to reject same-sex marriage legislation once more. This way they will have to enable the plebiscite in an effective manner.

Additional Information!

Before you hire a family lawyer in Perth, you must attain a comprehensive understanding about the same-sex marriage act. So, the voluntary postal survey was upheld by the Australian High Court in spite of the fact that it was being legally challenged. However, it did not need any legislative assent for its effective operation.  The survey could manage a positive response from a large portion of the Australian population as high as 61.6%. A private member’s bill was passed after this to establish same-sex marriage as a lawful activity.

Passage Of Same-Sex Marriage Act!

Finally, the same-sex marriage Act of 2017 was introduced to the Australian Parliament by Senator Dean Smith. He is actually the openly gay Liberal Party backbencher of Australia. To get furthermore information, please contact the top divorce lawyer in Perth right away. Rest assured that a child custody lawyer or family lawyer in Perth will provide you impeccable legal assistance regarding the same!


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