Family - statute + international law

Question 1

What does article 6 of the ICCPR do?

Answer 1

Article 6 of the ICCPR states that:
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Question 2

What does the Adoption Act 2000 (NSW) do?

Answer 2

In 2010, the Adoption Act 2000 (NSW) was amended to allow same-sex couples to adopt children.

Question 3

What did the Same-Sex Relationships (Equal Treatment in Commonwealth Laws) Acts 2008 (Cth) do?

Answer 3

The amendments in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 ensure that children born into same-sex families have the same rights and entitlements to superannuation benefits as children born into opposite-sex families

Question 4

What did the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) do?

Answer 4

treats all couples and their children equally, regardless of whether they are married or unmarried, gay or straight, or a partner of someone whose gender identity is not recognised

Question 5

What was the name of the legislation that legalised same sex marriage? + What were some stats that led to it?

Answer 5

Marriage Amendment (Definition and Religious Freedoms) Act 2017 which replaced “man and a woman” with “2 people” in the definition of marriage within the Marriage Act.

Postal ballot
The final result was 62% in favour and 38% opposed, with 80% of eligible voters participating (despite this being a voluntary vote).

A March 2015 Essential Poll showed a majority of Australians supported both a public vote (66%) and same-sex marriage (64%)

Opponents of a postal ballot have put forward a number of arguments:
A postal ballot is expensive, with a final cost of $80m.
A postal ballot is not legally binding – Parliament can ignore it or delay its response. For example, Advance Australia Fair was selected in a 1977 plebiscite but not made the national anthem until 1984.
A postal ballot could be divisive – there were calls to suspend anti-discrimination laws during the campaign.