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Have Legal Means Been In Response To The Recognition Of Same-Sex Rights In Australia

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How effective have legal and non-legal means been in response to the recognition of same-sex families? Australia has gone through years of advocacy through legal and non-legal means, to achieve recognition for same-sex families under Australian law. Non-government organisations (NGOs) such as “VoteYes” and Marriage Equality Australia demonstrate this and subsequently play a vital role in achieving equal rights for same-sex families, as well as legislative changes. Historically, legislation such as the Marriage Act 1961(Cth) and the Family Law Act 1975 which have since been amended, classified marriage to be between a ‘man and a woman’ and did not give LBGTQIA+ individuals the same rights as heterosexuals. Legal and non-legal means have been …show more content…

The amendment of the Adoption Act 2010 (NSW) now known as the Adoption Amendment (Same Sex Couples) Act 2010 removed the inequality faced by same-sex couples to allow them to be able to adopt children jointly. This reform changed the lives of countless same-sex couples in Australia looking to start a family. Their rights were now protected by the removal of discriminatory barriers and had an added layer of protection through the enforceability of this law. Same-sex couples now have legal recourse to ensure that their rights to adopt children are respected and upheld by the Australian legal system. Prior to this amendment, many Australian jurisdictions prohibited same-sex couples from adopting children together, effectively denying them the same rights and opportunities afforded to heterosexual couples. This act of law reform was highly significant in settling the issue of recognition and equality for same-sex families and couples concerning adoption, however, achieving this change was not a fast or reliable process. Sydney's Lord Mayor and Independent MP Clover Moore says the change has been a long time coming. "This reform was recommended by the Law Reform Commission in 1997," she said. The law was pushed back and forth in parliament, dividing the MPs who were given a conscience vote, adding an additional two weeks to the process, furthering discontent amongst society …show more content…

Firstly the Property (Relationships) Act 1984 (NSW) played a highly significant role in providing legal recognition and protection for same-sex families. This legislation included same-sex couples in the definition of ‘de facto’ relationships meaning they now had legal recognition and the same rights as heterosexual couples under Australian law. As well as this, same-sex couples were also afforded rights and recognition in issues of property division and handling relationship contributions. The legal support same-sex couples now had was essential in applying the rule of law in Australian society. Additionally, the Miscellaneous Acts Amendment (Same Sex relationships) Act 2008 (NSW) also aimed to provide legal recognitions and rights to same-sex families/couples, similar to the Property (Relationships) Act 1984 (NSW). This legislative reform recognised and acknowledged same-sex relationships on par with heterosexual relationships. This act allowed same-sex couples to register their relationships formally with the NSW Registry of Births, Deaths, and Marriages, registration provided couples with legal recognition and certain rights and responsibilities corresponding to those of married or de facto couples. The social and cultural impact of the Miscellaneous Acts Amendment (Same Sex relationships) Act 2008 (NSW) was highly significant, by affirming

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