[Greens-Media] Some same sex marriages may be legal: small compensation forbigoted law

[Edwards, Jon (Sen K. Nettle)]

01.03.05

Some same sex marriages may be legal: small compensation for bigoted law

Greens Senator Kerry Nettle has supported calls from a Sydney based
group, Community Action Against Homophobia, for federal parliamentarians
to commit to end the legal inequality for LBGTI Australians including
abolishing the ban on same sex marriage.

Senator Nettle's pursuit of the government over the legal implications
of last year's amendment to the Marriage Act has yielded some hope for a
small number of same sex couples where one partner has undergone gender
reassignment surgery.

In answer to a question from Senator Nettle, the Attorney General has
confirmed that married couples which include a partner who has undergone
gender reassignment surgery will still be regarded as married under the
Act.

"I hope this advice gives some solace to the small number of couples in
this situation," Senator Nettle said.

"Thousands of same sex couples are still legally discriminated against
as a result of the Marriage Act bill supported by Labor and the
Coalition last year.

"The Greens will be participating in the CAAH float in Mardi Gras on
Saturday that will highlight the need for this bigoted law to be
repealed."

Question without Notice (Speech): Marriage: Gender Reassignment
Senator COONAN <http://Hyperlink&CLASS=NAME&XRefID=2M6>   (New South
Wales-Minister for Communications, Information Technology and the Arts)
(3.11 p.m.) -On 12 August last year, during the committee stage of the
Marriage Amendment Bill 2004
<http://Hyperlink&CLASS=BILL&XRefID=R2123&Short=Marriage+Amendment+Bill+
2004> -and I refer to page 26571 of Hansard-Senator Nettle asked, in
relation to people who are currently married and subsequently undergo
gender reassignment surgery, whether their relationship and marriage
will still be recognised under the law. I said I would refer the
question to the Attorney-General, and I have the answer today. The
Attorney-General has provided the following answer to the honourable
senator's question. 
	It is not appropriate for the Attorney-General to give legal
advice. However, he considers that the decision of the full Family Court
in re Kevin establishes that the validity of a marriage is determined at
the time it is solemnised and that the new definition in the Marriage
Act 1961 does not mean that a marriage will be annulled or otherwise
made invalid because one of the parties to it undergoes gender
reassignment surgery.

Contact Jon Edwards - 0428 213 146