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Tuesday 14 October 2008


Proclamations of the Red Queen

22nd June 2008

Same-Sex Marriage in ….Tasmania??!

Posted by: Craig Young

Ten years ago, Tasmania had just decriminalised male homosexuality (1997) after an epic struggle between the Tasmanian Lesbian/Gay Rights Group, the Tasmanian Greens and ALP on the one hand, and the hidebound Legislative Council and Tasmania’s Christian Right on the other. On July 1, the Tasmanian Greens are about to introduce same-sex marriage legislation in their state parliament.

How did this remarkable change happen in just over a decade? While it introduced anti-discrimination laws two years or so later, it’s been a trailblazing state ever since, and was the first to introduce registered partnerships in 2004, followed by the introduction of coparent adoption in 2005. As with the long, drawn out debate over New Zealand homosexual law reform in 1985/86, Tasmania’s debate made its straight inhabitants see that LGBT Tasmanians were their neighbours, mates, and just like them, resulting more accelerated legislative change, and effectively breaking the back of the Tasmanian Christian Right.

Is same-sex marriage a bridge too far for some, though? Like the New Zealand Greens, the Tasmanian and Australian Greens support same-sex marriage, but there is considerable debate about whether Tasmanian Greens Deputy Leader Nick McKim is trespassing on matters constitutional. On the one hand, the benighted right-wing Howard administration banned same-sex marriage proper in Australia, as well as recognition of civil unions in the Australian Capital Territory, eventually resulting in the impostion of registered partnerships as the Rudd administration’s preferred version of relationship recognition. But does the federal Rudd administration have sole jurisdiction over marriage law nationwide, or can individual states legislate for themselves?

The Tasmanian ALP Premier, David Bartlett, believes that federal marriage law does prevail, which means that Tasmanian same-sex marriages might well be impossble. However, Melbourne University Professor Kristen Walker and UNSW Australian constitutional law expert Professor George Williams aren’t so sure. While TLGRG’s Rodney Croome welcomed the Green’s bill, Tasmanian Liberal leader Will Hodgman said he thought marriage should remain reserved for heterosexuals. Without the ALP’s support, though, any Green bill would probably fail.

It’d be nice if it gave our own Greens the same idea, though- hint hint.

Norway, California, Greece…Tasmania? Watch this space

Recommended:

 Mark Worsley: “Greens Bid for Gays to Marry” Tasmanian Mercury: 21.06.08: http://www.news.com.au

Tags: Politics · Religion

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