Footnotes
CHAPTER 1 - Introduction
[1]
Journals of the Senate, No. 29-15 May 2014, p. 822.
[2]
Journals of the Senate, No. 29-15 May 2014, p. 822.
[3]
Item 1 of Schedule 1 of the Recognition of Foreign Marriages Bill 2014
(the Bill).
[4]
Senate Hansard, 15 May 2014, p. 2726.
[5]
This provision was introduced by Item 3 of Schedule 1 of the Marriage
Amendment Act 2004 (Cth).
[6]
Subsection 88E(2) of Item 1 of the Bill.
CHAPTER 2 - Key issues
[1]
Senate Legal and Constitutional Affairs Legislation Committee, Marriage
Equality Amendment Bill 2010, June 2012, pp 11-36.
[2]
See, for example: New South Wales Gay and Lesbian Rights Lobby, Submission
1, p. 1; Youth Family Services Ltd, Submission 15, pp 2-3; Law
Society of New South Wales, Submission 17, pp 1-2; Australian Marriage
Equality, Submission 19, pp 3-5; Human Rights Law Centre, Submission
20, pp 2-3; Australian Lawyers for Human Rights, Submission 21, pp
1-2; Victorian Gay and Lesbian Rights Lobby, Submission 22, pp 1-3;
Parents & Friends of Lesbians and Gays, Submission 27, pp 2-6;
Australian Psychological Society, Submission 30, pp 4-8; National LGBTI
Health Alliance, Submission 33, pp 1-5; Freedom to Marry, Submission
36, pp 1-5.
[3]
See, for example: Australian Family Association, Submission 2, pp
4-5; Endeavour Forum Inc., Submission 3, p.1; Presbyterian Church of
Tasmania, Submission 6, pp 1-2; Catholic Archdiocese of Sydney, Submission
7, pp 1-4; Australian Christian Lobby, Submission 9, pp 3‑4;
National Marriage Coalition, Submission 12, pp 11-20; Lawyers for the
Preservation of the Definition of Marriage, Submission 18, pp 4-8;
Presbyterian Church of Australia, Submission 23, pp 1-4; Family
Voice Australia, Submission 31, pp 1-13; Australian Catholic Bishops
Conference, Submission 32, pp 2-4.
[4]
National Marriage Coalition, Submission 12, p. 4; Australian
Christian Lobby, Submission 9, pp 5-6; The Australian Family
Association, Submission 2, p. 3; Catholic Archdiocese of Sydney, Submission
7, p. 3; Catholic Women's League of Australia Inc., Submission 28,
p. 1; Lawyers for the Preservation of the Definition of Marriage, Submission
18, p. 3; Australian Baptists Ministries, Submission 8, pp 2-3.
[5]
Australian Christian Lobby, Submission 9, p. 5.
[6]
National Marriage Coalition, Submission 12, p. 4; Australian
Christian Lobby, Submission 9, pp 5-6; The Australian Family
Association, Submission 2, p. 3; Catholic Archdiocese of Sydney, Submission
7, p. 3; Catholic Women's League of Australia Inc., Submission 28,
p. 1; Lawyers for the Preservation of the Definition of Marriage, Submission
18, p. 3; Australian Baptists Ministries, Submission 8, pp 2-3.
[7]
Mrs Jenny Stokes, Representative, National Marriage Coalition, Committee
Hansard, 21 August 2014, p. 18.
[8]
Australian Christian Lobby, Submission 9, p. 5.
[9]
Mr Lyle Shelton, Managing Director, Australian Christian Lobby, Committee
Hansard, 21 August 2014, p. 48.
[10]
Senator Hanson-Young, Committee Hansard, 21 August 2014, p. 47.
[11]
Law Institute of Victoria, Submission 39, p. 1; Law Society of New
South Wales, Submission 17, p. 1; New South Wales Gay and Lesbian
Rights Lobby, Submission 1, p. 1; Human Rights Law Centre, Submission
20, p. 1.
[12]
Civil Liberties Australia Inc., Submission 11, p. 2; Australian
Lawyers for Human Rights, Submission 21, p. 4; Tasmanian Gay and Lesbian
Rights Group, Submission 46, p. 3.
[13]
Dr Justin Coonan, Co-convenor, New South Wales Gay and Lesbian Rights
Lobby, Committee Hansard, 21 August 2014, p. 3.
[14]
Mr Rodney Croome, National Director, Australian Marriage Equality, Committee
Hansard, 21 August 2014, p. 3.
[15]
Australian Christian Lobby, Submission 9, p. 5; National Marriage
Coalition, Submission 12, pp 4-5; Catholic Archdiocese of Sydney, Submission
7, p. 2; Australian Baptists Ministries, Submission 8, pp 3-4;
Lawyers for the Preservation of the Definition of Marriage, Submission 18,
p. 2; Australian Sex Party, Submission 50, p. 1
[16]
Law Council of Australia, Submission 4, p. 1.
[17]
Attorney-General's Department, Submission 41, p. 2.
[18]
Tasmanian Gay and Lesbian Rights Group, Submission 46, p. 3.
[19]
Law Institute of Victoria, Submission 39, p. 1.
[20]
Mr Corey Iram, Co-convenor, New South Wales Gay and Lesbian Rights Lobby, Committee
Hansard, 21 August 2014, p. 8; Ms Anna Brown, Director of Advocacy and
Strategic Direction, Human Rights Law Centre, Committee Hansard, 21
August 2014, p. 14.
[21]
Australian Marriage Equality, Submission 19, p. 4; National LGBTI
Health Alliance, Submission 33, p. 3.
[22]
Mr Rodney Croome, National Director, Australian Marriage Equality, Committee
Hansard, 21 August 2014, p. 3.
[23]
Australian Marriage Equality, Submission 19, p. 3.
[24]
Mr Jamie Gardiner, Member of Human Rights Committee and LIVout Working
Group, Law Institute of Victoria, Committee Hansard, 21 August 2014, p.
42.
[25]
Australian Christian Lobby, Submission 9, p. 6.
[26]
National Marriage Coalition, Submission 12, p. 5.
[27]
National Marriage Coalition, Submission 12, pp 9-10.
[28]
Catholic Archdiocese of Sydney, Submission 7, pp 2-3.
[29]
The Australian Family Association, Submission 2, pp 5-7; Australian
Christian Lobby, Submission 9, p. 12; Lawyers for the Preservation of
the Definition of Marriage, Submission 18, pp 7-8
[30]
Mr Lyle Shelton, Managing Director, Australian Christian Lobby, Committee
Hansard, 21 August 2014, p. 50.
[31]
The Australian Family Association, Submission 2, pp 5-7; Australian
Christian Lobby, Submission 9, pp 12-15; Lawyers for the Preservation of
the Definition of Marriage, Submission 18, pp 7-8.
[32]
Professor Neville Grant Rochow SC, Founder, Lawyers for the Preservation
of the Definition of Marriage, Committee Hansard, 21 August 2014, p. 29.
[33]
Mr Lyle Shelton, Managing Director, Australian Christian Lobby, Committee
Hansard, 21 August 2014, pp 48-49.
[34]
Law Society of New South Wales, Submission 17, p. 2.
[35]
Ms Anna Brown, Director of Advocacy and Strategic Direction, Human Rights
Law Centre, Committee Hansard, 21 August 2014, p. 14.
[36]
Mr Jamie Gardiner, Member of Human Rights Committee and LIVout Working
Group, Law Institute of Victoria, Committee Hansard, 21 August 2014, p.
42.
[37]
Human Rights Law Centre, Submission 20, pp 2-3; Civil Liberties
Australia Inc., Submission 11, p. 2; National LGBTI Health
Alliance, Submission 33, pp 2-3; Victorian Gay and Lesbian Rights Lobby,
Submission 22, p. 3; Australian Marriage Equality, Submission 19,
pp 4-5.
[38]
Human Rights Law Centre, Submission 20, pp 2-3.
[39]
Ms Anna Brown, Director of Advocacy and Strategic Direction, Human Rights
Law Centre, Committee Hansard, 21 August 2014, p. 12.
[40]
Mrs Terri Kelleher, National President, Australian Family Association, Committee
Hansard, 21 August 2014, p. 16.
[41]
Mr Corey Iram, Co-convenor, New South Wales Gay and Lesbian Rights Lobby, Committee
Hansard, 21 August 2014, p. 4.
[42]
Department of Immigration and Border Protection, Response
to Written Questions on Notice, 15 September 2014, p. 1.
[43]
Department of Immigration and Border Protection, Response to Written
Questions on Notice, 15 September 2014, pp 1-2.
[44]
Department of Immigration and Border Protection, Response to Written
Questions on Notice, 15 September 2014, p. 2.
[45]
Law Council of Australia, Submission 4, p. 2; Australian Lawyers
for Human Rights, Submission 21, pp 2-4; Law Institute of Victoria, Submission
39, p. 1; Human Rights Law Centre, Submission 20, p. 2.
[46]
Ms Anna Brown, Director of Advocacy and Strategic Direction, Human Rights
Law Centre, Committee Hansard, 21 August 2014, p. 11.
[47]
Australian Lawyers for Human Rights, Submission 21, p. 1.
[48]
Human Rights Law Centre, Submission 20, p. 2; Law Society of New
South Wales, Submission 17, pp 1-2; Law Institute of Victoria, Submission
39, p. 1; Castan Centre for Human Rights Law, Submission 29, pp 2-3;
Australian Lawyers for Human Rights, Submission 21, pp 1-2.
[49]
Lawyers for the Preservation of the Definition of Marriage, Submission
18, p. 7; Catholic Archdiocese of Sydney, Submission 7, pp 3-4.
[50]
Catholic Archdiocese of Sydney, Submission 7, p. 3.
[51]
Professor Neville Grant Rochow SC, Founder, Lawyers for the Preservation
of the Definition of Marriage, Committee Hansard, 21 August 2014, p. 28.
[52]
Mr Lyle Shelton, Managing Director, Australian Christian Lobby, Committee
Hansard, 21 August 2014, p. 49.
[53]
Reverend Darren Middleton, Convenor of the Church and Nation Committee,
Presbyterian Church of Australia, Committee Hansard, 21 August 2014, p.
47.
[54]
Australian Christian Lobby, Submission 9, p. 10; Catholic
Archdiocese of Sydney, Submission 7, p. 3; Australian Baptists
Ministries, Submission 8, p. 3; Lawyers for the Preservation of the
Definition of Marriage, Submission 18, p. 3
[55]
Mrs Jenny Stokes, Representative, National Marriage Coalition, Committee
Hansard, 21 August 2014, p. 18.
[56]
Australian Christian Lobby, Submission 9, pp 6-10.
[57]
Mr Corey Iram, Co-convenor, New South Wales Gay and Lesbian Rights Lobby, Committee
Hansard, 21 August 2014, p. 7.
[58]
Mr Rodney Croome, National Director, Australian Marriage Equality, Committee
Hansard, 21 August 2014, p. 2.
[59]
Organisation Intersex International Australia Limited, Submission 26,
p. 1; Law Institute of Victoria, Submission 39, p. 2; Law Society of New
South Wales, Submission 17, p. 2; Human Rights Law Centre, Submission
20, p. 3; Australian Marriage Equality, Submission 19, p. 6; ACON, Submission
35, p. 1; Australian Sex Party, Submission 50, p. 1
[60]
Organisation Intersex International Australia Limited, Submission 26,
p. 1.
[61]
Tony Briffa, Submission 26, p. 1.
[62] Tony Briffa,
Vice President, Organisation Intersex International Australia Limited and
Androgen Insensitivity Syndrome Support Group Australia Inc., Committee
Hansard, 21 August 2014, p. 33.
[63]
Tony Briffa, Vice President, Organisation Intersex International Australia
Limited and Androgen Insensitivity Syndrome Support Group Australia Inc., Committee
Hansard, 21 August 2014, p. 35.
[64]
Tony Briffa, Vice President, Organisation Intersex International Australia
Limited and Androgen Insensitivity Syndrome Support Group Australia Inc., Committee
Hansard, 21 August 2014, p. 35.
[65]
Tony Briffa, Vice President, Organisation Intersex International Australia
Limited and Androgen Insensitivity Syndrome Support Group Australia Inc., Committee
Hansard, 21 August 2014, p. 34.
[66]
Ms Anna Brown, Director of Advocacy and Strategic Direction, Human Rights
Law Centre, Committee Hansard, 21 August 2014, p. 15.
[67]
Ms Anna Brown, Director of Advocacy and Strategic Direction, Human Rights
Law Centre, Committee Hansard, 21 August 2014, p. 15.
[68]
Tony Briffa, Vice President, Organisation Intersex International Australia
Limited and Androgen Insensitivity Syndrome Support Group Australia Inc., Committee
Hansard, 21 August 2014, p. 36.
[69]
Tony Briffa, Vice President, Organisation Intersex International Australia
Limited and Androgen Insensitivity Syndrome Support Group Australia Inc., Committee
Hansard, 21 August 2014, p. 34, 36.
Additional Comments from Senator Collins and Senator Bilyk
[1]
Law Council of Australia, Submission 4, p. 1.
Dissenting Report of an Individual Labor Senator
[1]
The Crosby/Textor
survey on Australians attitudes to same-sex marriage from July 2014 found that
72% of Australians support marriage equality.
[2]
Note that for the
purposes of this report the term ‘same-sex marriage’ is intended to be
inclusive of two people of marriageable age irrespective of sexual orientation,
gender identity or intersex status.
[3]
See, for example,
Organisation Intersex International Australia Limited, Submission 26, p.
1; Law Institute of Victoria, Submission 39, p. 2; Law Society of New
South Wales, Submission 17, p. 2; Human Rights Law Centre, Submission
20, p. 3; Australian Marriage Equality, Submission 19, p. 6; ACON, Submission
35, p. 1 and Australian Sex Party, Submission 50, p.1.
[4]
Australian Marriage
Equality, Submission 19, p. 4.
[5]
Victorian Gay and
Lesbian Rights Lobby, Submission 22, p. 2.
[6]
Mr Jamie Gardiner,
Member of Human Rights Committee and LIVout Working Group, Law Institute of
Victoria, Committee Hansard, 21 August 2014, p. 42.
[7]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 12.
[8]
Regulation 8, Relationships
Regulations 2013 (Tas).
[9]
See the Hon Nicola
Roxon MP, Attorney-General, Certificates of No Impediment to marriage for
same-sex couples, Media release, 27 January 2012, available at http://www.andrewleigh.com/2130 (accessed on 22 September 2014).
[10]
Australian Marriage
Equality, Submission 19, p. 6
[11]
Australian Bureau of
Statistics, 2012, Reflecting a Nation: Stories from the 2011 Census, 2012–2013,
cat. No. 2071.0, available at http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/2071.0main+features852012-2013 (accessed on 22 September
2014)
[12]
Mr Rodney Croome,
National Director, Australian Marriage Equality, Committee Hansard,
21 August 2014, p. 1.
[13]
Australian Marriage
Equality, Submission 19, p. 4.
[14]
Victorian Gay and
Lesbian Rights Lobby, Submission 22, p. 3.
[15]
Victorian Gay and
Lesbian Rights Lobby, Submission 22, p. 3.
[16]
Mr Rodney Croome,
National Director, Australian Marriage Equality, Committee Hansard, 21
August 2014, p. 6.
[17]
Human Rights Law
Centre, Submission 20, pp 2-3; Civil Liberties Australia Inc., Submission 11,
p. 2; National LGBTI Health Alliance, Submission 33, pp 2-3; Victorian
Gay and Lesbian Rights Lobby, Submission 22, p. 3 and Australian
Marriage Equality, Submission 19, pp 4-5.
[18]
Mr Corey Irlam,
Co-convenor, Victorian Gay and Lesbian Lobby, Committee Hansard,
21 August 2014, p. 4.
[19]
Department of
Immigration and Border Protection, Response to Written Questions on Notice,
15 September 2014, p. 1.
[20]
Department of
Immigration and Border Protection, Response to Written Questions on Notice,
15 September 2014, p. 2.
[21]
Australian Marriage
Equality, Submission 19 – Second Supplementary Submission, p. 4.
[22]
Human Rights Law
Centre, Submission 20, pp 2-3.
[23]
Australian Baptist
Ministries, Submission 8, p 4.
[24]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 14.
[25]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 14.
[26]
The Australian Family
Association, Submission 2, pp 5-7; Australian Christian Lobby, Submission
9, p. 12 and Lawyers for the Preservation of the Definition of Marriage, Submission
18, pp 7-8.
[27]
Australian Christian
Lobby, Submission 9 and Lawyers for the Preservation of the Definition
of Marriage, Submission 18.
[28]
Law Council of
Australia, Submission 4, p. 2; Australian Lawyers for Human Rights, Submission
21, pp 2-4; Law Institute of Victoria, Submission 39, p. 1 and Human
Rights Law Centre, Submission 20, p. 2.
[29]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 11.
[30]
Human Rights Law
Centre, Submission 20, p. 2; Law Society of New South Wales, Submission
17, pp 1-2; Law Institute of Victoria, Submission 39, p. 1; Castan
Centre for Human Rights Law, Submission 29, pp 2-3 and Australian
Lawyers for Human Rights, Submission 21, pp 1-2.
[31]
Lawyers for the
Preservation of the Definition of Marriage, Submission 18, p. 7;
Catholic Archdiocese of Sydney, Submission 7, pp 3-4.
[32]
Reverend Darren
Middleton, Convenor of the Church and Nation Committee, Presbyterian Church of
Australia, Committee Hansard, 21 August 2014, p. 47.
[33]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 12.
[34]
Mr Corey Irlam,
Co-convenor, Victorian Gay and Lesbian Lobby, Committee Hansard,
21 August 2014, p. 7.
[35]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 13.
[36]
Ms Anna Brown,
Director of Advocacy and Strategic Direction, Human Rights Law Centre, Committee
Hansard, 21 August 2014, p. 13.
[37]
Organisation Intersex
International Australia Limited, Submission 26, p. 1; Law Institute of
Victoria, Submission 39, p. 2; Law Society of New South Wales,
Submission 17, p. 2; Human Rights Law Centre, Submission 20, p. 3;
Australian Marriage Equality, Submission 19, p. 6; ACON, Submission
35, p. 1 and Australian Sex Party, Submission 50, p.1
Dissenting Report from the Australian Greens - Foreign Marriages Bill 2014
[1]
Human Rights Law Centre and the National Association of Community Legal
Centres, Submission 20, p 2.
[2]
National LGBTI Healthy Alliance, Submission 33, p 1.
[3]
Australian Marriage Equality, Submission 19, p. 3.
[4]
Please see: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed%20inquiries/2010-13/marriageequality2012/report/index#