Same-Sex Marriage – Will The Law Change? | Stone Group Lawyers

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Same-sex Marriage – Will The Law Change?

As a result of the Howard’s government’s amendment to the Marriage Act 1961 in 2004, the federal law in Australia currently officially bans same-sex marriage. 

At present, the Family Law Act 1975 provides de facto same-sex couples the same legal rights as heterosexual couples for parenting and property settlement issues without being married. Recently however there has been many attempts to legalise same-sex marriage including the recent Australian Marriage Law Postal Survey.

On November 15 2017, Australia said yes to gay marriage. 61.6 per cent of eligible voters, totalling seven million people voted to say yes, but this does not mean the law has officially changed.

Liberal Senator Dean Smith’s bill has been drafted and today has passed the Senate, but with a sitting week cancelled in the House of Representatives, MPs will not continue debate until next week. The bill passed with no amendments, with 43 senators voting yes and 12 voting no. Several senators have raised concerns about the religious protections of the bill, with some conservatives requesting that there should be two definitions of marriage. If the bill is amended by the House of Representatives it will need to return to the Senate to be considered again, but this is unlikely.

Ireland is the only country in the world to have legalised same-sex marriage through a public vote and that’s because it has a requirement to do so as unions are defined in their constitution. In Australia, it is up to a parliamentary vote which is what can be arguably delaying things.

SUMMARY TIMELINE OF EVENTS

Wednesday, November 15

Australia said yes to the Australian Marriage Law Postal Survey.

 

Thursday, November 16

Dean Smith’s bill for same-sex marriage went before Parliament.

 

Monday, November 27

Final two sitting weeks begin. Parliament has eight days to pass gay marriage, if it is to be legal by Christmas.

 

Tuesday, November 28

Coalition MPs hold party room meeting. Conservatives will make their case for amendments to Dean Smith’s bill.

 

Wednesday, November 29

Dean Smith’s bill was passed by the Senate with the Lower House now to continue the debate.

 

Thursday, December 7

Final sitting day for the year. If Parliament hasn’t passed the bill by now — or extended the sitting period — the next chance to debate the legislation will be in 2018 on the second week of February.

 

Monday, January 1 2018

If Dean’s Smith’s bill has passed parliament, gay marriage will be legal anytime from early December to mid-January. All that needs to happen is for it to be given Royal Assent by the Governor-General and the Government to name an official start date.

 

Despite what occurs over the next few weeks, or if not months, Stone Group Lawyers family law division is highly experienced in all LGBTQ issues in relationships and endeavours to be at the forefront of all new laws in the process of being passed.

If you or anyone you know have any questions or concerns, whether or not it is about a de facto relationship or potential same-sex marriage or divorce – please do not hesitate to contact us today on 1300 088 440.

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