Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I move:

That the bill be now read a second time.

I table an explanatory memorandum and seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The document read as follows—

RECOGNITION OF FOREIGN MARRIAGES BILL 2014

This Bill amends the Marriage Act 1961 so that same-sex marriages that were validly entered into in foreign countries can be recognised in Australia.

Currently international marriages that are entered into by different-sex couples are legally recognised under Australian law. However marriages entered into by same-sex couples are barred from recognition through an explicit prohibition in the Marriage Act. This Bill removes this prohibition and affords full recognition of overseas marriage to couples when they return to Australia, regardless of their gender or sexual orientation.

The introduction of this Bill comes at a time when likeminded countries around the world are embracing equality. Britain recently celebrated their first same-sex marriages with couples from all corners of the world travelling great lengths to be the first to marry on British soil. Rainbow flags were hung all over the country to celebrate the occasion and people rejoiced when the first couples said "I do".

On the other side of the world the rainbow of equality has stretched across the Tasman Sea to join two neighbouring countries, Australia and New Zealand. Since New Zealand legislated for marriage equality last year, over 300 Australians have made the journey to have their love and commitment for one another legally recognised.

Those couples will now join the many Australians who have been travelling the world over the past decade to get married, only to come back home to the country that they love to find that their marriage is not recognised. Despite being legally married in the foreign country, in their homeland they step off the plane and have to leave their marriage at the customs gate.

This is not in the Australian spirit, particularly when public support for marriage equality is at an all-time high. Over 65 per cent of Australians want to see marriage equality happen. However, as we wait for others to accept the inevitable, we should at least recognise the marriages of all couples – lesbian, gay and straight – who have legally married overseas.

This Bill offers a modest and practical step forward to marriage equality and it is consistent with the foundational Australian ideal of equality before the law.

The marriages that are the subject of this Bill have been entered into by the parties with sincerity and commitment and are valid marriages under the law of the country where they were solemnised. The couples have gone to the effort and emotional investment of organising a wedding in a foreign country, often at great expense and involving family and friends from Australia, and they have made vows that would be life-long if they were to remain in the country where the wedding was held. The solemnity of the vows that these couples made overseas should be recognised by Australia's Parliament and people.

By recognising same-sex marriages from overseas, as we do with all other marriages, this Bill will help gay and lesbian Australians who are in loving relationships get the recognition that they deserve.

Australia will not be alone in recognising international same-sex marriages. Israel, Slovenia and Japan are just some of the countries which recognise the marriages entered into in foreign countries by same-sex couples without having domestic laws to perform same-sex marriage. Couples from those countries can marry in one of the fourteen countries which have marriage equality, such as Argentina, Britain, France or New Zealand, and then return to have their marriage recognised under the laws of their homeland.

This Bill is the first step for Australia along the road to marriage equality and an important one at that. Most Australians understand that the time for marriage equality came long ago and it's the Australian Parliament's duty to catch up.

I commend this Bill to the Senate.

I seek leave to continue my remarks.

Leave granted; debate adjourned.