Pirate Congress 2023/Motions/Marriage Policy Update

Marriage
Marriage pre-dates all organisations by many thousands of years. The interests of the state, as opposed to the interests of any religion or political party, are limited to recognising permanent relationships, ensuring they are consensual and that any children have clear and capable guardianship.

The Marriage Act in its previous form, especially after 2004, denied many people a human right that is taken for granted by most. It reinforced stigmas at a time when anxiety was widespread and suicide attempts among LGBTIQA+ persons far outstripped the general population. In 2017 a plebiscite effectively secured changes to the Marriage Act which resulted in expanding the definition of relationships from "a man and a woman" to "2 people".

Unfortunately, some relationships are still being excluded from equal treatments, rights, and recognition to under the law. The law is not keeping up with the times, as many modern relationships are already forgoing marriage altogether, even as they start their own families.

We fundamentally believe that the institution of marriage primarily belongs to the community, who sets their own standards, not the state. People should be free to be married according to their own traditions and values, without the involvement of the state at all.

In 2017, same-sex couples fought hard for the right to be married under the same Marriage Act as other couples. Some couples actually want the state to certify their marriage. Therefore, being married under this law should still be an option as well.

Pirate Party Australia advocates the following amendments to the law:


 * The institution of marriage will be removed from the purview of state authority.
 * Having marriages certified by the state will become completely optional, and would only serve ceremonial purposes.
 * The same rights and equivalent legal and monetary benefits which is currently available under the Marriage Act 1961, will transfer to de facto relationships, regardless of being legally married or not.
 * Many laws which currently make reference to the Marriage Act 1961 (which cover issues such as taxation, social security, next of kin, immigration etc.) will need updating to look at the actual level of commitment between partners, rather than just a marriage certificate.
 * Some bridging legislation would be needed for relationships to be recognised as "Marriages" for international purposes.
 * Only relationships between fully consenting adults will be recognised as being in a de facto relationship, or be eligible to be married under the Marriage Act 1961.
 * Continue to treat abuse such as "forced child marriages" as serious crimes, but with legislation outside of the Marriage Act 1961, which looks at actual abuse rather than if it legally counts as a marriage, which could also rely on religious or overseas interpretations of what constitutes a marriage.
 * The right of secular and religious organisations to offer ceremonies in adherence with their own beliefs would not be infringed.
 * 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 their organisational values.
 * Recognise polyamorous unions such as "throuples" under the Marriage Act 1961.
 * Require the enthusiastic consent of existing partners to add a new partner.
 * Require that any prospective partner be fully informed about existing partners.
 * Require explicit agreements for the guardianship of children.
 * Existing recognition of de facto relationships would continue and expand to include polyamorous relationships.