Send a letter to your local MP and the Government!
Same sex families who have a child together are not currently able to
both be recognised on the child's birth certificate. This is available
in other Australian states and territories but not in SouthAustralia.
The ability to both be recorded on a child's birth certificate is called
presumption of parentage.
Heterosexual parents are both able to be recorded on the birth certificate in South Australia regardless of whether any donor tissues were used in the child's conception. This means not all heterosexual parents who are listed on the birth certificate have a biological link to the child.
A same sex couple who have conceived their child by artificial reproductive
technology (ART) are able to give birth interstate and both parents
can be recorded on the birth certificate.
Heterosexual partners are able to adopt each others children by means
of step parent adoption. Step parent adoption is not available
to same sex couples. This prevents the non biological parent from adopting
the child and having legal rights to the child
As the same sex family unit is not recognized by the government benefits
such as tax concessions for having a dependent child are not available
for the non biological child.
Get behing the Let's Get Equal push for rights for same sex families. Send a letter to your local MP and the Government, a standard letter is available here. Feel free to add your own experiences to the letter.
GetUp has launched a campaign for equality in law, please see below for details:
We've done the research and it's a landslide. A GetUp-commissioned Galaxy poll last weekend reveals a whopping 71 per cent of Australians, including 63 per cent of Coalition voters, believe same sex couples should have the same rights as heterosexual couples in de facto relationships.
These results should make all Australians proud. Yet on Friday, the Human Rights and Equal Opportunity Commission released its year-long inquiry into same sex discrimination which reveals that discrimination remains ingrained in 58 pieces of federal legislation. From superannuation and workers' compensation to Medicare, tax and pensions, Australians are treated like second-class citizens purely on the basis of their sexual orientation.
Right now our politicians are deciding how to respond to these damning findings. This is our urgent opportunity to tell them it's time to wipe this discrimination off the books forever by giving legal equality to same sex couples.
http://www.getup.org.au/campaign/EqualBeforetheLaw
Australians want their friends, family and colleagues in same sex relationships to have the same rights as other citizens. One piece of legislation, redefining de facto legal status, can start us firmly on the path towards greater equality.
Sometimes change can only happen when the people lead. And we will. GetUp's poll found majority support for equal rights extends across every demographic, across every region, across every political party in the nation. Tell the politicians it's time they caught up to the people that voted them in.
Put your name to the petition calling for equality now - and please share this campaign with all your friends. You can be sure that at least 70 per cent of them will thank you for it! You can also support this campaign by donating here.
http://www.getup.org.au/campaign/EqualBeforetheLaw
Thanks for being part of this,
The GetUp team
PS: By following the link to this campaign, you'll get a sneak peek at our new website! It's still under construction, and so all pages of the site may not be fully
functioning, but stay tuned for the new site's official launch next week!
Same-Sex: Same Entitlements Inquiry
We are delighted to tell you that the final report of the Same-Sex: Same Entitlements, National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits is now publicly available. The report was tabled in Federal Parliament on 21/6/2006.
You can now access the Same-Sex: Same Entitlements report and community guide at: www.humanrights.gov.au/samesex.
The Human Rights and Equal Opportunity Commission (HREOC) officially launched the final report of the Same-Sex: Same Entitlements Inquiry in Sydney on Friday, 22 June 2007.
HREOC will also be launching the report in all other states and territories, beginning in Canberra on Friday, 29 June 2007.
A full schedule of launch dates will be available shortly on the Inquiry website. In the mean time, please contact the Inquiry team for further details.
How do I contact the Inquiry team?
For all queries, please contact the Inquiry team at samesex@humanrights.gov.au or on (02) 9284 9600.
For more details about the Same-Sex: Same Entitlements Inquiry please see the Inquiry website: www.humanrights.gov.au/samesex.
The new legistlation which assists in recognising same sex couples comes into affect from 1st June 2007.
It has been a long time coming! Further information
is available here
Unfortunatley the fight for full equality still needs to continue as we are not 100% Equal.
Please contact Let's Get Equal if you can help.
Do you want equal rights for same sex couples and families?
Let’s Get Equal has made significant progress in the area of state law reform for over 6 years but we are still not equal.
We are having a community meeting on April 15 at 2:30pm at Darling House, 64 Fullarton Rd.
We need people to come along and be involved in the next phase of the campaign, our campaign can only succeed with community support.
To help all you need is a willingness to stand up for your rights and be involved. Let’s Get Equal needs new members who would like to join in the fight for our rights.
Come along and be involved
The Statues Amendment (Domestic Partners) Bill passed the Legislative Council with a massive majority at 4.38pm on Thursday 7 December 2006, exactly two weeks after it passed the House of Assembly. Of the members present, 16 voted for the bill, and only 3 against (the two members of Family First and a single Liberal, Terry Stephens). The Let's Get Equal Campaign would like to thank all those Members of the Legislative Council who voted for this legislation, and especially those who have consistently supported same-sex couples gaining equal rights. You know who you are - THANK YOU ALL!!
As the Bill passed through the Upper House with no amendments, it could then be expedited through the Lower House once again, which happened later in the afternoon. Consequently, all that remains is for the Governor to sign the legislation for it to become law.
This means it's time to celebrate!! We've finally gained some measure of equality in South Australia. Of course, there are still areas of law where we aren't equal - for example, with regard to adoption rights and reproductive rights. But it's a start.
Thanks to all who have supported our campaign in many ways over the years, in and out of the Parliament. Without your support, without the rallies, without the lobbying, without the efforts of a whole group of people, we would never have got this bill passed. We've come a long way; stay tuned for what we have to do next!!
The Statues Amendment (Domestic Partners) Bill passed the House of Assembly with a massive majority at 6.25pm on Thursday 23 November 2006. The Let's Get Equal Campaign would like to thank all those Members who voted for this legislation, and especially those in the House who have consistently supported same-sex couples gaining equal rights.
The Bill now moves to the Upper House when Parliament resumes on Tues 5 December. If we're lucky, the Bill may pass before the end of this year.
Come along and join us in the Legislative Council public gallery while the bill is being debated! If you're a member of the Let's Get Equal mailing list, we'll keep you updated via email of the passage of the bill. Or you can go to the Orders of the Day for the Legislative Council, which is updated every sitting day, to find out approximately when the Legislative Council will be doing what on that particular day.
Debate on the new Statutes Amendment (Domestic Partners) Bill 2006 began in the South Australian State Parliament on the evening of Wednesday 22 December 2006. Various members from both sides of parliament contributed their thoughts about the bill. Debate was adjourned at 10pm, and should recommence at 3pm on Thursday 23 December. With luck, the bill will pass the House of Assembly before 6pm; otherwise, debate on this bill will go on into next week in the House. Remember, anyone can drop in and sit in the public gallery at Parliament while they're debating the bill, so come along and join us!
The LGE Feast Festival 2006 Forum, "South Australia - the Discrimination State" was held at 6pm on Monday 20 November at Caos Café. Speakers Dr Barbara Baird (Finders University), the Hon. Michelle Lensink MLC (Liberal Party), Dr Clem Macintyre (University of Adelaide) and the Hon. Ian Hunter MLC (Labor Party) spoke on the topic of whether the Festival State should be renamed the Discrimination State, with the Forum chaired by Matthew Loader from the Let's Get Equal Campaign. Many issues were raised, and both the speakers' thoughts and general forum discussion were especially interesting in light of the introduction of the new Domestic Partners bill into State Parliament. Thanks to all the speakers and those who attended for an enjoyable and informative evening.
The big news is the introduction of the Statutes Amendment (Domestic Partners) Bill 2006 into State Parliament on 14 November 2006. This bill is the replacement for the Statutes Amendment (Relationships) Bill, which as we all know wasn't passed through Parliament before the last election.
The Domestic Partners bill introduces a category of 'domestic partners', for those who have been living together in certain types of genuine relationship, sexual or not, for at least three years (or at least three out of the previous four years). The category of 'de facto' is being abolished, with all couples being either spouses (officially married, under the definition used by the Commonwealth Government) or domestic partners. That is, there will be no distinction legally in the bills to which the amendment applies between an unmarried gay couple and an unmarried straight couple.
The bill does not affect adoption or reproductive rights. The laws will still be discriminatory in these areas if this bill is passed.
While the definition of domestic partners requires cohabitation for at least three years (or three out of the last four), there is a possibility for courts to decide on the basis of legal documents or in the interests of justice to override this requirement. This would seem to be an advance over the Statutes Amendment (Relationships) Bill.
For more details, you can have a look at Mr Atkinson's press release about the bill and its introduction, or go to the Parliamentary Bills and Motions website and do a Bills Word Search for 'domestic partners' to find the full version of the proposed legislation.
Now we just have to wait impatiently for the bill to work its way through Parliament, and try not to get too excited. It's great that it's been introduced; but we've been here before, so hold off on the celebrations!
On 26 October 2006, the Attorney General Mr Atkinson introduced the Equal Opportunity (Miscellaneous) Amendment Bill 2006 into State Parliament to amend South Australia's Equal Opportunity Act. The amendments cover a range of areas, including replacing references to transexuality with references to 'chosen gender', restricting the areas in which religious schools can discriminate on the basis of sexuality, and making it illegal for charities, service clubs, sports clubs, cultural groups and political parties to discriminate on the basis of sexuality, although religious associations are excluded.
Pride March 2006 was held on 11th November, starting at 6.30pm. The theme of the march "Steppin' Out: Our time has come" was obviously appropriate for the Let's Get Equal Campaign, and we marched together with a parade of same sex couples as the lead entry (behind the bikes, of course).
South Australia's gay & lesbian lobby group The Let's Get Equal Campaign has distributed a leaflet throughout Australia warning same sex couples of the possible consequences of the fact that their relationships are not legally recognised while they are visiting South Australia.
LGE spokesperson Ian Purcell said, "While SA remains the only state not to protect same sex couples under the law, we believe we have a duty of care to inform interstate visitors of their legal situation while they are in SA."
"Gay and lesbian couples need to be aware that on crossing the border into SA they will be leaving their legal rights behind. Problems may arise because same sex partners are not recognised as next of kin."
"This means for example that if your partner is hospitalised, you can be denied access to them, or to any information about their medical condition."
"You can be denied the right to make vital decisions about your incapacitated partner's medical treatment, and if they die, you can be denied the right to make any decisions about their body."
"Nobody thinks that these things are going to happen to them while they are on holidays, but that is exactly why gay and lesbian visitors need to know the situation in SA, and to be prepared," Mr Purcell said.
"It would be wise to bring any documentation you have that confirms your relationship, next-of-kin status, or power of guardianship to make decisions on your partner's behalf."
The LGE Campaign leaflet has been distributed as an insert to the SA Government's Gay & Lesbian Visitors' Guide, a glossy 6-page A4 publication which claims that Adelaide has always been a 'progressive and hip city'.
"The Guide congratulates Don Dunstan for passing the first gay rights legislation in 1975, but fails to mention that SA is now the only state or territory which has not given equal rights to same sex couples. I don't call that progressive or hip. People deserve to know the truth about SA," Mr Purcell said.
The LGE 'Warning to Same Sex Couples Visiting SA' leaflet is available from gay & lesbian outlets, or a PDF version can be accessed by clicking here.
Following the South Australian ALP State Convention and the LGE protests there, the Attorney-General Mr Atkinson has announced that a bill to remove discrimination against same sex couples is on the way and he can "see that reform going into Parliament before Christmas". We have yet to see whether this bill is essentially identical to the amended Statutes Amendment (Relationships) Bill which passed through the Upper House late last year, or is a bill which has watered down equality rights to appease the Christian Right, as many members of the community fear.
And the war will be over by Christmas …
A large contingent of Let's Get Equal Campaign members protested outside the Adelaide Festival Centre as delegates arrived for the recent Labor Party State Convention on the 14th October 2006 (photo of protest).
The protest was a further step in LGE's criticism of the continued failure of the Rann Government to reintroduce the Statutes Amendment (Relationships) Bill. On the day of the protest there were only ten sitting days left this year when the Bill could be reintroduced.
Delegates were handed leaflets listing the broken promises and claiming that South Australia is now 'the wooden spoon state' when it comes to equal rights for gay and lesbian people. The Let's Get Equal Campaign presented a large wooden spoon to Frances Bedford (see photo), who accepted it on behalf of the Labor Party.
The protest gained a great deal of media attention, with reports on ABC Online and with the night-time news reports on the Convention on Seven, Nine and the ABC all leading with the protest. The media in general talked as though there were only two issues discussed the Convention - gay rights and uranium (with gay rights the leading issue).
What has been termed a "rainbow coalition", consisting of some Liberal members, the Democrats, Greens and an independent, introduced a private members bill into the South Australian Parliament on 27 September 2006. This bill is essentially the same as the Labor Government's amended Relationships Bill, which passed the Upper House last November, but then was not introduced into the Lower House before the last election, and which the Labor Party has not reintroduced into the Parliament despite the promises of its state President.
To view the section of Hansard (the official record of what goes on in Parliament) which relates to the introduction of this private members bill, click here and then search for "Statutes Amendment (Relationships) Bill" (it's quite a long page).
Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits
The Human Rights and Equal Opportunity Commission is currently conducting a National Inquiry into discrimination against same-sex couples in accessing financial and work-related entitlements.
The audio from the Adelaide Hearing is now available on the Commission's website at http://www.humanrights.gov.au/samesex/AdelaideHearing20060828.html class="navi".
The Inquiry will conduct an audit of Commonwealth, State and Territory laws to develop a full list of circumstances in which same-sex couples and their children may be denied financial and/or work-related benefits and entitlements that heterosexual couples enjoy. The Inquiry will also collect individual stories about the impact of these laws on people in same-sex relationships.
The Inquiry convened a public forum in Adelaide to give community groups and individuals the opportunity to express their views and tell their stories.
At the end of the consultation process, the Inquiry will report its findings and make recommendations on changes needed to eliminate discrimination to the Federal Attorney-General who will table the report in Federal Parliament.
Further information, including copies of the terms of reference and the discussion paper, is available on the Commission's website.
LOWER HOUSE SUCCESSES:
RE-ELECTED:
- Frances Bedford (ALP) – in Florey – a marginal electorate in the bible belt suburbs. As LGE polling in Florey showed, for a majority of people, the Same Sex Relationships Bill was NOT an issue, in fact 79% of people agreed that same sex couples should have equal rights. All the vicious lies of the religious right, and the installing of a former Assemblies of God pastor as the Lib candidate had no effect on voters; in fact Frances Bedford was re-elected with a 10% swing.
- All Labor MPs were returned – and all are in favour of the Bill as party policy. Isobel Redmond (Heysen), Duncan McFettridge (Morphett), and Vicki Chapman (Bragg) – all Liberal MPS who support the Bill.
- Bob Such (Ind.) – in Fisher. Supporter of the Bill.
ELECTED:
- David Pisoni (Lib) – in Unley. Supports the Bill.
- Labor is set to win eight seats with all MPs in favour of the Bill as party policy.
DEFEATED:
- Joe Scalzi (Lib) – in Hartley. Actively opposed the Same Sex Relationships Bill.
- Angus Redford (Lib) – in Bright. Originally a supporter of the Bill, eventually voted against the Bill in the Upper House because he had been pre-selected for the lower house seat of Bright. Didn’t want to upset religious right. Lost overwhelmingly. A double victory because retiring Liberal MP Wayne Matthew opposed the Same Sex Relationships Bill as well.
- Robert Brokenshire (Lib) – in Mawson. An opposition shadow minister. Stirred up homophobia in parliament by attacking sperm donor website for lesbians.
FAMILY FIRST NOT AN INFLUENCE IN LOWER HOUSE RESULTS:
- In the Family First heartland of Hartley, Morialta, Newland and Florey, Family First primary vote did not increase from 2002 results.
- In all four of these electorates Family First preferences did not affect the outcome of the election.
- In Florey, Frances Bedford got 54% of primary votes compared to FF (7.2) + Libs (29.9) combined 37.1%.
- In Hartley, Grace Portolesi got 46% of the primary vote, which was more than Scalzi (Lib 39.1) + FF (4%) combined 43.1%.
- In Morialta, Lindsay Simmons got 48.4% of the primary vote, which was more than Joan Hall (Lib 35.1) + FF (5.5) combined 40.6%.
- In Newland, Tom Kenyon got 46.3% of the primary vote, which was more than Libs (34.4) + FF (7.0) combined 41.4%.
[figures from ABC SA State Election website as at 18 March 2006]
FAMILY FIRST HAD NO INFLUENCE IN ANY LOWER HOUSE SEAT - NEITHER IN ITS ATTEMPTS TO DEFEAT A CANDIDATE (eg FRANCES BEDFORD) NOR GET A CANDIDATE ELECTED (eg JOE SCALZI)
RESULT OF LOWER HOUSE ELECTION:
The Rann Labor Government has been re-elected emphatically with a majority of seats. This despite unfavourable Family First preferences and a dirty tricks campaign by the Religious Right in some seats. The Bill will pass the Lower House when it is re-introduced with the Premier indicating that it will not be a conscience vote for Labor.
UPPER HOUSE SUCCESSES:
ELECTED:
- Ian Hunter (ALP) – an openly gay man, was elected along with three other Labor members.
- Nick Xenophon (Ind) – supported the Bill. Another No Pokies Independent also appears to be elected, however her views on the Bill are at this stage unknown.
- Michelle Lensink (Lib) – supported the Bill.
- Mark Parnell (Green) – the Greens, who have endorsed the Let’s Get Equal Campaign’s election policy, seem set to win a spot over the Democrats in the Upper House.
DEFEATED:
- Peter Lewis (Ind) – opposed the Bill in the lower house.
UPPER HOUSE LOSSES:
- Kate Reynolds (Dem) – longtime supporter of our communities and indefatigable in her support for the Bill, has lost her seat.
- Dennis Hood (FF) – Family First has won a second place in the Upper House; however because of the strong vote for Nick Xenophon they will not hold the balance of power and will not be able to block the Bill.
RESULT OF UPPER HOUSE ELECTION:
The new Upper House has 8 Labor MPs, 8 Liberals, 2 Family First MPs, 2 No Pokies Independents, 1 Green and 1 Democrat. With three Liberals in favour of the Bill, the support of Nick Xenophon, the Greens and the Democrats the Bill should still comfortably pass the Upper House with 14 votes (as happened last year).
Before the March 2006 state election, LGE received a letter from Nick Champion, the President of the SA Branch of the ALP. This letter promised that a Labor Government would reintroduce their Bill to remove discrimination against same sex couples in the next session of Parliament. To view a PDF copy of the full letter, click here.
Lets Get Equal t-shirts are now available from TShirt City with proceeds helping the Lets Get Equal Campaign. So buy a shirt and show your support!
In the mean time, send a letter to Parliament with your feelings on the bill not being passed.
Thank you all for your continuing support.
Cheers
LGE Committee
::
How Does The Law Discriminate?
::
Top
