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Essay On Gay Marriage Australia

647 Words3 Pages

The issue of whether gay marriages should be legalized in Australia or not has been progressively questioned over the last decades. Despite many activities done by different States and Territories’ parties and groups, the legal permission in the matter of same sex marriage has not been finalised in Australia yet. The positive view on gay marriage legalisation has been reflected through some polls and surveys, which strongly confirm that Australian people and politicians are agreed on the subject. In 2012, soon after the representation of the Marriage Amendment bills, a survey conducted by the House Committee found that 64% of respondents favoured the legislation of the bill introduced by Adam Bandt and Andrew Wilkie, while 60.5% of respondents …show more content…

Australia is formed under a federal system (Commonwealth Government). According to section 51 of its constitution, the federal level is the only legislative power over the subject of the marriage, and if there is a lack of consistency between a state or territory law and a Commonwealth law, then the Commonwealth law has the power to overrule it (Kristen Walker, 2009, pp 112-113). Lindell (2008, P 39) explains that such this power will make it difficult for the High Court to accept the new definition of marriages presented to the Parliament within the meaning of the term ‘marriage’ in the Marriage Act 1961 and the High Court adjudicated that any amendment to the Marriage Act need to be originated from the federal Government. Same-sex relationships are considered as de facto relationships under the Australian federal law and each state and territory has the authority to establish their own laws on the subject of same-sex union register. Although, the recognition of same-sex union as de facto relationships can provide couples some right such as social security, taxation, health, workers’ compensation and many more, but there is an important difference in the source of power of the Federal marriage act and de facto relationship. Silberman (2005) indicates it, Federal law on this matter would abstain many of the problems, which might be created when couples marry in one state, and then

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