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AUSTRALIA

Gay 'justice' suits pragmatic pollies

  • 07 October 2008
Gay and lesbian equality is one of those touchstone issues against which to measure a politician's moderate credentials. Prime Minister Kevin Rudd, in last year's election campaign, promised to remove all discrimination concerning same-sex couples in 58 pieces of legislation since grown to 100.

Dr Brendan Nelson, in declaring the leadership of the Liberal party open to challenge, combined a tougher stance on climate change with a commitment to equality for same-sex couples in his bid to elicit votes.

Although he failed to retain his leadership of the Liberal Party, Nelson's commitment gave new leader Malcolm Turnbull the chance to renew his pledge to remove discrimination against same-sex couples. On a recent ABC1 Q&A, Turnbull reasserted that he is opposed to discrimination on the basis of sexuality.

His consistent opposition to such discrimination is not totally altruistic. He represents the cosmopolitan inner-Sydney seat of Wentworth, which has one of Australia's largest gay and lesbian populations. In  September 2007, he wrote to his constituents: 'I have sought to address and overcome this (same-sex) discrimination. I pledge to continue to fight until justice is done.' His vote in the 2007 election increased by 1.34 per cent.

The bills introduced so far by the Rudd Government to remove this discrimination are dry. The human rights boundaries here are legal and economic, covering the payments and benefits you often take for granted until you realise you are not eligible for them. They do not attempt any redefinitions of marriage, which, from Turnbull as much as anyone else, has been given 'a special status' as an irrefutable union between a man and a woman.

July's Same-Sex Relationship (Equal Treatment in Commonwealth Laws — Superannuation) Bill 2008 was followed in September by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Bill 2008. This is based on the recommendations of the Australian Human Rights and Equal Opportunity Commission's 2007 report, Same-Sex: Same Entitlements.

The bill reforms 68 pieces of legislation to give same-sex couples and their children new entitlements and benefits in federal laws relating, for example, to taxation, Medicare, social security, veterans and defence benefits, and migration.

There has also been a bill that will give same-sex couples the right to object to giving evidence against each other and another to equalise access to the Family Court for property-related matters (previously same-sex couples had to use their