Recognition of same-sex relationships Flashcards
What raised public awareness that male homosexuality was a crim offence?
1st Mardi Gras in 1978
Crimes Amendment Act (NSW)
1984
decriminalised homosexuality
Property (Relationships) Legislation Amendment Act (NSW)
1999
included same-sex couples in property division laws & a large no. existing laws
What did Property (Relationships) Legilsation Amendment Act 1999 (NSW) reveal?
growing recognition & acceptance of same-sex relationships & society’s changing values
What act redefined marriage & prevented same-sex marriages from occuring/being recognised in Australia
Marriage Legislation Amendment Act 2004 (Cth) amended the Marriage Act 1961
What did the Australian Human Rights Commission (AHRC) ‘Same-Sex: Same Entitlements’ report into the impact of discriminatory laws & their impact on same-sex couples and their children find?
2006: 58 discriminatory laws that breached the ICCPR (civil & political) in area of financial and work-related entitlements
What else did the 2006 Same-Sex: Same Entitlments find?
Many laws discriminated children of same-sex couples & breached CROC- weren’t in child’s best interest
What did the 2006 Same-Sex: Same Entitlements recommend?
that laws be amended to eliminate discrimination against same-sex couples & their children, & so they were in best interests of the child.
What were some of the main changes to legislation in 2008 following the Same-Sex: Same Entitlements report?
- Same-Sex Relationship (= Treamtemtn in Cth Laws-Superannuation)
- Same-Sex Relationship (= Treamtemtn in Cth Laws-General Law reform)
- Veterans Entitlement Act 1986 amended in 2009
Adoption Amendment (Same-Sex Couples) Act introduced after what?
2010
Parliamentary Inquiry
But biological parents & faith-based agencies can refuse
What are non-legal responses to this issue?
AHRC
Gay & Lesbian Rights Lobby
What did case of Hope & Brown v. NIB Health Fund Ltd. 1995 do?
recognised rights of same sex couples to family status, thus qualifying them for family insurance
What happened in case Hope & Brown v. NIB Health Fund Ltd. 1995 do?
NIB Health Fund didn’t recognise the couple as a family - didn’t fit definition, making it more expensive for Hope & Brown.
What did case of R v. McEwen do?
1996
extended an existing ‘battered women’s syndrome’ into domestic same sex relationships