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9 Dec 2011

Australia lifts ban on same-sex couples marrying abroad

The Australian government has lifted a ban on certificates for same-sex couples who wanted to marry in countries which allow same-sex marriage; gay marriage conscience vote slated for 2012.

Until the ban was lifted on Dec 4, the Australian Government is known to have a policy of not issuing the certificates to an Australian citizen who is seeking to marry a same-sex partner in a country that allows same-sex marriage.

Attorney-General Robert McClelland announced the policy change at the ruling Labor party’s National Conference.

The certificates, known as Certificates of Non-Impediment to Marriage or CNIs, serve to confirm to a foreign government that the Australian who wants to marry under its laws is not already married in Australia. Up to now, the certificates are issued routinely to Australians intending to enter opposite-sex marriages overseas.

An overseas same-sex wedding will not be recognised as forming a marriage when the couple returns to Australia, but it will be used as evidence of a relationship for regional laws.

According to Australian Marriage Equality (AME), the policy has been in place since 2004.

AME spokesman Rodney Croome said the change will make a real difference those wanting to marry overseas.

"Many gay and lesbians Australians travel overseas to marry because they can't marry here, but when they discover the Australian government won't give them the required paperwork, weddings plans have to be cancelled," Croome said.

The new policy comes a day after the Labor Party National Conference adopted a new party policy supporting marriage equality – a reversal of its longstanding position on the issue – but allowing Labor MPs a conscience vote on the issue next year. 

In November, openly lesbian Finance Minister Penny Wong was quoted as saying in the local media that she rejects the conscience vote as the means of resolving the party's internal debate. "Equality should not be a matter of conscience; it should be reflected in Labor policy," Wong said in a plea for her party to endorse same-sex marriage.

Update (Dec 13, 2011): On December 1, Queensland lawmakers passed the Civil Partnerships Bill which will allow same-sex and opposite-sex couples in Queensland to enter into legally recognised civil unions. The legislation now aligns Queensland with reforms already made in Tasmania, Victoria, New South Wales and the Australian Capital Territory.

Reader's Comments

1. 2011-12-09 20:47  
i can't believe it
2. 2011-12-10 02:01  
Australia remains a hotbed of incivility - the same as the USA is. What backward countries these are.
3. 2011-12-10 07:20  
about damn time,

the 1st steps on a long path to equal rights
4. 2011-12-10 16:41  
Gay Marriage? I continue to be mystified by the homosexual obsession with being treated like, and being able to act like, straight men. It screams of shame to me. You are not straight. You are gay. You want to get married? Why? Why do you want to be a part of this straight institution? Begin your own institution instead. As gay men we have such spectacular opportunity to explore sexual and social relationships yet untouched by the straight world. But instead you are crying out to be accepted and honored by your straight brethren with their straight ceremonies??? Shameful.
5. 2011-12-10 20:19  
KungfuJunkie, what would you call the alternative, "Gayriage" perhaps?

There's nothing shameful in people wishing to join the mainstream of the society to which they belong. It's nice sometimes to have our own bars, websites, districts and all the rest, and there's a subgroup of gays that would quite happily spend all their time there, but I don't think that represents a complete lifestyle for all same-sex attracted individuals. Most of us value study, work, family connections, etc, and sincerely wish to integrate with the broader community.

It's true that there are some unique opportunities available to gay men to explore different and perhaps more complex relationships,
but by walking away from a social institution that is so highly valued by other human beings the world over, we risk being defined by such qualities as perpetual promiscuity, polygamy and noncommitment, and may even risk being overlooked as full members of the human race.

If you don't want to commit to a marriage, then that's OK. It's fine for straight people to remain single too. Marriage is only a "straight" institution as long as we refuse to take part in it.

As an Australian I find it interesting that at the last election, the vast majority of votes went to parties with anti-gay marriage policies in place, whose leaders remain firmly against gay marriage, and yet these leaders might just stand aside and allow it to happen (which is the wise thing to do electorally, as upwards of 80% of Australian voters support gay marriage). At least, I hope that's how it pans out...
6. 2011-12-11 08:05  
anyway..marriage is useless! it's just papers.
7. 2011-12-11 08:37  
anyway..marriage is useless! it's just papers.
------------------------------

u r totally wrong. yes it's just a piece of pathetic paper,but it's a security for everyone,especially for gay and lesbian--the special groups which are lacking belongingness and sense of safe. and the relationship is possibly more firm and reliable just becoz of the paper.
8. 2011-12-11 10:23  
finally, now i can get myself an aussie bloke for dinner
this is a dream come true
9. 2011-12-11 11:44  
http://www.youtube.com/watch?v=yMLZO-sObzQ&feature=share

this is a speech from Zach Wahls, a 19-year-old University of Iowa student spoke about the strength of his family during a public forum on House Joint. Australia need to learn something from him....
10. 2011-12-12 09:06  
It is good for a start but it is already too later and behind the UN Countries.
11. 2011-12-12 15:45  
Bravo Australia!
12. 2011-12-13 03:19  
The map at the top of this story needs to be updated. Queensland passed a Civil Union law a few weeks ago. The law comes into effect in early 2012. The entire eastern seaboard now allows civil unions for same sex couples.
13. 2011-12-16 07:08  
KungfuJunkie, you may want to "explore sexual and social relationships yet untouched by the straight world", but I don't. I'm a gay man who wants to enter a simple tranditional one-one relationship recognised as marriage. Now you may ask why I desire such a life style. My answer is, it has nothing to do with you, and it's not up to you, or anybody else, to decide how I live my life. Just like how straight people should respect gays, you MUST respect people who think, feel or live differently from you, no matter they are gay or straight. If you are too selfish to stand up for their rights, the minimum you should do is to shut up.
14. 2011-12-16 08:53  
Thanks Plin085 - you put the case very well. You have stood up to what is really bullying.
15. 2011-12-25 09:20  
I am deeply saddened and frustrated at the likes of KungfuJunkie,
How can he as a gay man be so poorly informed and lacking in understanding the realities of the many many benefits of marriage.
Let's start with the fact that both my partner and I have had to leave our countries (family, friends professional positions) because neither of our countries will acknowledge our nearly 2 decade long relationship where we have merged all of our finances etc.
So get some education instead of just being a martial arts freak.
The list pretty long but let's just mention a few more: survivor retirement benefits, non-taxed inheritance rights. Do a quick google search and find out what is real before you post such ignorant and demeaning comments to your LGBT brothers and sisters who need these basic rights.

Religious marriage is a religious rite.
Civil marriage is a civil right.
16. 2012-02-01 05:27  
KungfuJunkie is probably a troll from FOTF. ;)
17. 2012-09-21 23:51  
well for legal reasons gay marraige can be beneficial for claiming certain benefits wheras not being married u cant!

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