Gay Rights Up Down Under

The New York Times reports that on Monday, the Australian Senate passed legislation that amends about a hundred federal laws, giving gay couples in "de facto" relationships - "common-law marriage" - equality with straight couples:

Among the major changes, the reforms allow homosexuals family benefits under the state-run health care program, and to leave their retirement benefits to their partners if they die. They also confer parental rights on gay and lesbian couples with children. The legislation now goes to House of Representatives where it is expected to pass.

While the laws give same-sex partners many of the same rights and protections as married couples, they stop short of allowing gays and lesbians to wed under the Marriage Act, which was redrawn by the last Conservative government to define marriage as between one man and one woman.

When the ruling Labor Party won election in 2007, it did so in part on a promise to end discrimination against gays and lesbians. But party leaders have said that pledge does not include same-sex marriages.

“It won’t be part of this government’s agenda,” Attorney-General Robert McClelland said Tuesday. “The Labor Party policy is firm that marriage is between a man and a woman.”

Only a handful of countries around the world recognize same-sex marriages, including Belgium, Canada, the Netherlands, Norway, South Africa and Spain. Around 20 other countries recognize some form of civil union for same-sex partners. In Australia, civil unions are only recognized in two states — Victoria and Tasmania — and the Australian Capital Territory.

The bills were guided through the Senate by the first Asian to hold a cabinet position, climate and water minster Penny Wong, who is also the first openly gay cabinet minister.

Once the final version of the legislation passes the lower house of Parliament and is given Royal Assent by the Governor-General it will become law, making good on the Labor Party's "election commitment to act on the recommendations of a landmark 2007 report by the Human Rights and Equal Opportunity Commission," according to the Canberra Times.

But more work is needed in Australia. According to Wikipedia,

De facto couples, for example in Tasmania since 2004, South Australia, Australian Capital Territory and Victoria since 2008, have access to many rights and can easily prove that a relationship exists through a registry or formal agreement. However in New South Wales, Western Australia, Northern Territory and Queensland, same-sex and de facto couples often must go to court to prove a relationship exists, even though there is de-facto recognition called unregistered co-habitation. The inability of same sex couples to have conclusive evidence of their relationships can make it difficult for them to access rights accorded to them under the law.