John Faulkner (NSW, Australian Labor Party) Share this | Hansard source

I believe, as do the majority of Australians, that our laws should not be discriminatory; they should not discriminate against any of our citizens. I believe, as do the majority of Australians, that our marriage laws should be amended to allow Australians to marry partners of the same gender here in Australia. This bill addresses only one aspect of the discrimination against Australians in same-sex relationships but it is nonetheless an important one.

Historically, jurisdictions have recognised the public interest in accepting the legitimacy of both marriages and divorces performed in other places. Australia has long accepted that the decision of two adults to form a family should be recognised by our laws regardless of religion, of race or of the country in which that decision was made. It has long been understood that failing to do so leads to the unjust and discriminatory treatment of individuals who may migrate from one country, one jurisdiction, to another. It has also long been understood that failing to accept the legitimacy of marriages solemnised elsewhere leads to highly undesirable public policy outcomes.

Before 2004, Australia recognised as valid marriages between consenting adults who were not already married. However, in 2004 passage of the Howard government's Marriage Amendment Act changed the law to include a discrimination which had not previously existed, that marriages valid in the jurisdiction in which they were performed ceased to exist at our national border based purely on the gender of the individuals concerned. As a result, Australians who are legally married in another country and whose marriage is recognised in many other countries find themselves in legal limbo in their own country. Can they divorce if their relationship breaks down? Can they have their marriage annulled under our laws? Can they marry again in Australia? These are already concerns for a number of Australians who are legally married to a same-sex partner in another country. The number will only increase as more and more jurisdictions end discrimination on the basis of sexual preference.

If we believe that marriage is an important personal commitment and not merely a geographically specific convenience, we must recognise marriages as valid, as real, wherever they are performed. I believe that the best solution would be for our parliament to remove discrimination from the Marriage Act, allowing Australians to marry here regardless of the gender of their partner. But we should not let the perfect be the enemy of the good, and this bill removes at least one aspect of the discrimination against Australians in same-sex relationships. I support the bill.