FAMILY - same-sex relationships Flashcards
1
Q
List 6 laws
A
- Adoption Amendment (Same-sex Couples) Act 2010 (NSW)
- Miscellaneous Amendment (Same-sex Relationships) Act 2008 (NSW)
- Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth)
- Property (Relationships) Legislation Amendment Act 1999 (NSW)
- Marriage Equality Act 2017 (Cth)
- Marriage Amendment Act 2004 (Cth)
2
Q
Outline 3 reforms
A
- Adoption Amendment (Same-sex Couples) Act 2010 (NSW) allowed same-sex couples to adopt however there were significant inconsistencies nationwide: NT didn’t pass legislation allowing same-sex couples to adopt until 2018
- Marriage Amendment Act 2004 (Cth) amended section 51 of the Marriage Act 1961 (Cth) defining a marriage as the union between a man and woman which meant that all same-sex marriages were deemed void. Marriage Equality Act 2017 (Cth) re-established the definition to be the union between two people and thus legalised same-sex marriage
- Property (Relationships) Legislation Amendment Act 1999 (Cth) (amended the De Facto Relationships Act 1984 (Cth))recognised same-sex couples as de-facto couples and thus were entitled to the same rights and entitlements such as in regards to Medicare, tax, bank accounts etc.
3
Q
Outline 4 cases
A
- Toonen v Australia 1994 HC –> Tasmanian resident sought the decriminalisation of consensual sex between same-sex couples as the criminalisation breached his rights, such as the right to be free from discrimination under article 2 of the UDHR. Initially refused to repeal its law until Croome v Tasmania 1997 where the law was deemed illegal as it was inconsistent with the Human Rights (Sexual Conduct) Act 1994 (Cth) but also ICCPR (initially he took the complaint to the UN human rights committee/council
- SMH 2021 article: same-sex couple Tracey Pinto and Rebecca Felsch suffered from the financial inaccessibility of IVF due to the fact that they are considered ‘socially infertile’ and thus not entitled to Medicare rebates, Pinto saying ‘I started working two jobs’, ‘we had to decide whether to refinance our house or draw on our super, and in the end we decided on taking from our super. But even that cost money’. Medicare doesn’t give rebates for IVF for ‘socially infertile’ couples
- Hope and Brown v NIB 1994 –> Hope and Brown successfully argued that the health fund, NIB, had discriminated against them on the basis of their sexual orientation denying them a family status. This common law established the recognition of same-sex couples for family health insurance
- same-sex parents are continually facing legal obstacles, as revealed through the case of Clarke v Tolley
(2001). The mother who gave birth through IVF was given full custody while absolutely no legal status was awarded to the lesbian partner who had supported the child for 4 years
4
Q
List 6 laws again and outline what they aim to do
A
- Adoption Amendment (Same-sex couples) Act 2010 (NSW) –> legalised same-sex couples access to adoption
- Marriage Equality Act 2017 (Cth) –> legalised same-sex marriage
- Property (Relationships) Legislation Amendment Act 1999 (Cth) –> recognised same-sex couples as de-facto couples and thus are entitled to the same benefits and entitlements in regards to access to Medicare, bank accounts etc.
- Marriage Amendment Act 2004 (Cth) –> criminalised same-sex marriage by changing the definition of marriage to be the union of a man and woman and thus deeming a same-sex marriage void
- Miscellaneous Amendment (Same-sex relationships) Act 2008 (NSW) –> various reforms in attempt to prevent discrimination against same-sex couples, such as in regards to access for medicare, superannuation, veteran entitlements and tax
- Family Law Amendment (De-facto Financial Matters and Other Measures) Act 2008 (NSW) –> this law aimed to give better rights and protections to those in a de-facto couple (which from 1999 and meaning at this stage same-sex couples were). It defined a de-facto couple and brought them into the federal family law system in dealing with the resolution of property and financial matters upon separation, giving the same protections to that of married couples
5
Q
stats 4
A
- National Inquiry into Discrimination
against People in Same-Sex Relationships by AHRC –> found 58 federal laws which breach the rights of same-sex couples and in some circumstances their children 2006 - At least 20 000 couples in Australia experience systematic discrimination on a daily basis
- 2006 Census reported over 24, 500 same sex couples in Australia, which represented a 25.9% increase
from the 2001 Census - September 2004 and October 2017, there were 22 unsuccessful attempts in the Federal Parliament to legalise or recognise same-sex marriage under federal law
6
Q
quotes 4
A
- I am a first-class taxpayer but a second-class citizen - smh, 2008
- Equality Campaign spokesman, Alex Greenwich,
“Together we have achieved something truly remarkable, a win for fairness and equality…for all Australians,” - The Guardian 2017 - ‘Tasmanian Gay Rights battle influenced the world’ - SMH 2014
- SMH 2021 article: same-sex couple Tracey Pinto and Rebecca Felsch suffered from the financial inaccessibility of IVF due to the fact that they are considered ‘socially infertile’ and thus not entitled to Medicare rebates, Pinto saying ‘I started working two jobs’, ‘we had to decide whether to refinance our house or draw on our super, and in the end we decided on taking from our super. But even that cost money’. Medicare doesn’t give rebates for IVF for ‘socially infertile’ couples
7
Q
international law 3
A
- A16 UDHR -> right to marry and have a family without discrimination
- A23 ICCPR –> The family is the natural and fundamental group unit of society and is entitled to protection by society and the State
- A26 ICCPR –> free from discrimination
