Farida Iqbal & Jo Delaney
Queer activists in Canberra are organising to support ACT Chief Minister Jon Stanhope's Civil Unions Bill 2006, which will allow couples access to many of the legal benefits of marriage, but without the formal title. Same-sex couples, opposite-sex couples, as well as transgender and intersex Canberrans are covered by this bill.
Stanhope's bill has come under fire from PM John Howard and Attorney General Philip Ruddock, who object to its repeated references to civil unions being treated the same as marriage under all aspects of ACT law, and the use of marriage celebrants in civil union ceremonies. "You don't equate a gay union with a traditional marriage. That's our position", Howard told Channel Ten on March 31.
The bill is very comprehensive: same-sex couples who are married or joined in civil unions in another jurisdiction, such as the Netherlands or Massachusetts (US), would automatically be recognised as such if they migrate to the ACT. Couples under the age of 18 would be able to enter into a civil union if they had parental consent or a court order to do so. This is contrary to the Federal Marriage Act 1961, which states that one party under 18 may enter into marriage with parental permission but not two.
"Mr Ruddock needs to be asked what is his real concern about my commitment to remove discrimination and to show respect to same-sex relationships", Stanhope said on March 31. "One has to pose the question of whether or not the real reason is there is no place in John Howard's Australia for homosexuals."
Ruddock has indicated that the federal government may not block the bill if Stanhope removes the 91×ÔÅÄÂÛ̳ that refer to marriage and the entitlement of marriage celebrants to carry out civil unions. Queers are discussing whether Stanhope should accept these concessions to avoid a federal repeal. Under section 51 of the constitution, the federal government could effectively ban civil unions at a state or territory level.
While civil unions and other state-level wins are important, full equality for queers must be won at the national level.
Stanhope's bill has generated a huge response from the queer community. With only three days' notice, 160 people attended a snap action in Canberra on April 8, including representatives from Community Action Against Homophobia (CAAH), Good Process, QueerAction, the Greens, the Socialist Alliance, Resistance and the Canberra University Queer Collective. However, the majority were not involved in any organisation.
CAAH activist Simon Margan told 91×ÔÅÄÂÛ̳ Weekly that "Stanhope's bill has got people's hopes up and, after being trodden on for their whole queer lives, the prospect of a federal repeal is just too much".
A new group, QueerAction, has formed to support the bill. Morgan Fuery told 91×ÔÅÄÂÛ̳ Weekly, "We are sick of being treated like second-class citizens in Howard's 1950s' Australia. We're prepared to fight tooth and nail for this bill — for us and for all gay Australians."
A second protest in Canberra is planned for April 29 at 1.30pm, before the bill goes before the ACT Legislative Assembly, with a march to Parliament House at 2pm. Solidarity protests will take place in Perth and Melbourne.
The second national day of action to repeal the federal ban on same-sex marriage is being planned for August 13. For more information, contact QueerAction at <queer_action@hotmail.com> or phone 0401 605 944, or phone CAAH on 0412 109 160 or 0438 637 037.
From 91×ÔÅÄÂÛ̳ Weekly, April 26, 2006.
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