PDC: Marriage Act working group

This Working Group (WG) was established by the Policy Development Committee (PDC) on 23 January 2013.

Working group report
This working group has been tasked with developing policy to remove discrimination caused by the Marriage Act. The working group was chaired by Melanie Thomas and will produce a report for discussion at the March 6 PDC meeting.

Recommendation
As per the MAUT decision table for the Civil Union Act policy WG, the working group recommends the replacement of the Marriage Act 1961 with a new Civil Unions Act.

Preamble
The Marriage Act in current form denies LGBT people the opportunity to marry one another, effectively denying human rights which are taken for granted within mainstream, heterosexual society. The Marriage Amendment Act 2004 pushed this discrimination further by imposing a declaration, compulsorily recited at all weddings, stating that marriage in Australia is an exclusionary institution only to occur between a man and a woman.[2] This message feeds existing stigmas related to homosexuality. The law also imposes religious principles into state ceremonies, undermining the separation of Church and State—a principle which lacks explicit protection in the Australian Constitution.[3] Discrimination against same-sex couples is a primary cause of alienation, anxiety and depression, and the rate for suicide attempts among LGBT is 2.47 times higher than that of the general population.[4] The repercussions place a large burden on our health system.[5]

As the modifications enacted in 2004 demonstrate[6], the Marriage Act is too easily used as a vehicle for political grandstanding, to the detriment of equality and fundamental civil liberties. [7] Replacement with a Civil Union Act, which explicitly includes same-sex couples, will ensure that all people in Australia have equal recognition and equal rights.

Policy text
The Pirate Party proposes the removal of government oversight of marriage in Australia.

Replace the Marriage Act 1961 with a Civil Unions Act.
 * Couples in a union under the Civil Unions Act will be afforded the same rights available under the current Marriage Act.
 * The Civil Unions Act will provide all people the opportunity to engage in a state recognized union with equivalent legal and monetary benefits to those provided currently within the Marriage Act.
 * The legal age of consent for involvement in a Civil Union shall be 18 years.
 * Couples in legally recognised unions from overseas will be recognised under this Act.
 * An exception will apply to forced marriages instituted overseas, which will be considered invalid.
 * The institution of marriage will be removed from the purview of state authority and instead overseen by secular and religious organisations who will have freedom to offer ceremonies in adherence with their own beliefs.
 * No legal basis will be provided for any attempt to force any organisation to provide marriage services where such an act would be at odds with organisational values.
 * No part of this policy may be used to override or contradict freedom of religion as granted by the Constitution of Australia.
 * Forced unions will remain explicitly banned in order to ensure civil liberties are protected.

[1] Marriage Amendment Act 2004, Commonwealth of Australia, http://www.comlaw.gov.au/Details/C2004A01361 (accessed 9 March, 2013).

[2] Cannold, Australia's Fading Separation Between Church and State, 13 May 2011, http://www.abc.net.au/religion/articles/2011/05/13/3216153.htm (Accessed 9 March, 2013).

[3] Australian Medical Students Association, Marriage Equality and Health, March 2012, http://media.amsa.org.au/policy/2012/201203_marriage_equity_and_health_policy.pdf (Accessed 9 March, 2013).

[4] MacNaughton, Healthcare Systems and Equality Rights, 2011, http://www.equalrightstrust.org/ertdocumentbank/ERR06_special_Gillian.pdf (Accessed 9 March, 2013).

[5] Marriage Amendment Act 2004, Commonwealth of Australia, http://www.comlaw.gov.au/Details/C2004A01361 (accessed 9 March, 2013).

[6] http://humanrights.gov.au/legal/submissions/marriage_leg.html

[| MAUT table link]

'''Got feedback or suggestions? Send us an email at policydev@pirateparty.org.au.'''

Meeting Schedule
This working group has concluded the drafting process and no further meetings are currently scheduled.

Resources

 * http://www.acon.org.au/sites/default/files/Marriage-Submission-to-the-Senate-Final.pdf
 * http://www.acon.org.au/sites/default/files/Marriage%20Amendment%20Bill%202004.PDF
 * http://www.lgbthealth.org.au/sites/default/files/National%20LGBTI%20Health%20Alliance%20Submission%20Senate%2002%20April%202012%20Final%20%282%29.pdf
 * http://www.australianmarriageequality.com/wp/get-informed/fact-sheets/
 * A history of marriage in Australia http://www.abc.net.au/unleashed/2778326.html
 * Bill by Bandt and Wilkie: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr4748%22
 * Bill by Stephen Jones: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr4749%22
 * Marriage Act: http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/