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Legal Studies HSC > Family: Recognition of same- sex relationships > Flashcards

Family: Recognition of same- sex relationships Flashcards

1
Q

what act decriminalised homosexuality•

A

Crimes Amendment Act 1984 (NSW)

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2
Q

• Toonen V …. led to decriminalisation of

A

Toonen V Australia (1994)

homosexual sexual activity across states.

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3
Q

• Property (Relationships) Act 1999 (NSW) gave homosexual couples same legal standing

A

as de facto relationships, eg. Divide property, hospital visiting rights, access to District Court

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4
Q
  • Marriage Legislation Amendment Act 2004 (Cth)

* Amended

A

Marriage Act 1961 preventing same-sex marriages from being entered into in Australia/recognised from overseas.

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5
Q

• Family Law Amendment (De-facto Financial Matters and Other Measures) Act 2008

A

allows property & maintance matters for same-sex couples to be determined by Family Court.

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6
Q

what act allows property & maintance matters for same-sex couples to be determined by Family Court.

A

Family Law Amendment (De-facto Financial Matters and Other Measures) Act 2008

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7
Q

• AHRC: Same-Sex: Same Entitlements report 2006

•

A

58 fed laws discriminated against same-sex couples and children in financial & work related entitlments, breaching ICCPR & CROC.

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8
Q

58 fed laws discriminated against same-sex couples and children in financial & work related entitlments, breaching ICCPR & CROC.

A

AHRC: Same-Sex: Same Entitlements report 2006

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9
Q

• Same-Sex Relationships (Equal Treatment in Commonwealth Laws –General Law Reform) Act 2008 (Cth) removed

A

100+ same-sex discriminatory provisions

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10
Q

what act removed 100+ same-sex discriminatory provisions

A

Same-Sex Relationships (Equal Treatment in Commonwealth Laws –General Law Reform) Act 2008

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11
Q

what led to creation of Same-Sex Relationships (Equal Treatment in Commonwealth Laws –General Law Reform) Act 2008

A

AHRC: Same-Sex: Same Entitlements report 2006
• 58 fed laws discriminated against same-sex couples and children in financial & work related entitlments, breaching ICCPR & CROC

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12
Q

what act

gave same sex couples adoption rights

A

Adoption Amendment (Same-Sex Couples) Act 2010

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13
Q

• Failure of Marriage Equality Amendment Bill 2013 (Cth) doesn’t adequately

A

represent 72% of Australians who agreed with same-sex marriage (Crosby Textor poll in 2014)

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14
Q

faliure of what doesn’t adequately represent 72% of Australians who agreed with same-sex marriage (Crosby Textor poll in 2014)

A

Marriage Equality Amendment Bill 2013 (Cth)

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15
Q

/Australia’s politicians are late to the marriage equality party – but they are finally arriving’

A

The Guardian 2017
showing public opinion on same-sex marriage for a decade. The reasons are complicated, but new research shows they are gradually being won over

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16
Q

what article from 2017 Guardian showing public opinion on same-sex marriage for a decade. The reasons are complicated, but new research shows they are gradually being won over

A

/Australia’s politicians are late to the marriage equality party – but they are finally arriving’

17
Q

Currently a postal survey is being conducted

A

but will have no legal implications on outcome

18
Q

“Adoption by same-sex couples opposed

A

because of birth parent’s Catholic faith” SMH 2017 where court ruled in favour of same sex couple stating that that religious ties should not predominate alongside the child’s best interests. (shift in values of society!!)

19
Q

“Marriage v de facto partnerships in Australia:

A

the legal differences explained” 2017 The Conversation

20
Q

“Marriage v de facto partnerships in Australia:the legal differences explained” 2017 The Conversation

A

highlighted that despite institutionalised discrimination against homosexual & de facto couples still exists and they do not yet completely share the same rights as married couples (as Tony Abbot claimed)

21
Q

“Marriage v de facto partnerships in Australia:the legal differences explained” 2017 The Conversation revealed what difficutleis stil faced by same sex couples

A

with regards to wills, migration, having to prove your de facto relationship status, often in high stress situations (ie after death) and they still have same obligations as married couples

Legal Studies HSC (45 decks)

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