Posts tagged as:

Same Sex Marriage

Kate Marr

The media gave much attention to the same – sex debate leading up to the federal election, and the topic has again been ignited due to the current government being scrutinised by the proposition of a plebiscite, using tax payer’s money to fund campaigns for both sides. Is this a topic though that should be promoted in a primary school?… Read more

Same sex marriage and the upcoming election

by Peter Magee on June 27, 2016

Zoe Durand

With the upcoming election on 2 July 2016 same sex marriage is one of the hotly debated election topics.

The Labour Government supports same sex marriage in its National platform and current party leader Bill Shorten has pledged to introduce a Marriage Equality Bill within 100 days of taking office if elected to Government at the next election.

The Coalition … Read more

Karen Devey

In Australia, marriage is defined in section 5 the Marriage Act as “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.” Further, despite foreign marriages being recognised in Australia, this excludes foreign marriages between a man and a man or a woman and a woman.

In January 2016, British man … Read more

Same-sex marriage now legal in USA

by Michelle McDermott on June 30, 2015

Michelle McDermott

In an historic landmark decision, the highest Court in the USA, the Supreme Court, has ruled that the country’s Constitution provides same-sex couples the right to marry. Prior to this decision, each of the 50 states could decide whether or not to allow same-sex couples to marry.

It was, however, a very close outcome with 5 out of the 9 … Read more

Peter Magee

As a lawyer who has acted in property and parenting matters where same-sex partners have separated, I cannot help but wonder how this will affect the legal processes currently in place in respect of divorce, property and parenting issues in Family Law cases in Australia.

Currently, the law deals with the breakdown of both marriages and de-facto relationships in the … Read more

First same-sex marriages in UK

by Michelle McDermott on March 7, 2014

Michelle McDermott

In stark contrast to the recent shambles in Australia, same sex couples in the UK will be able to be married from Saturday 29 March 2014.

The UK's Women and Equalities Minster, Maria Miller set out the UK's position as such, "Marriage is one of our most important institutions, and from 29 March 2014 it will be open to everyone, … Read more

High Court Overturns A.C.T. Legislation on Same Sex Marriage

by Michelle McDermott on December 13, 2013

Michelle McDermott

The High Court has today handed down its decision in respect of the ACT’s legislation permitting same-sex marriage. As expected, the ACT legislation was overturned.

The High Court found that the ACT law provided for marriage equality for same sex couples. As such, the legislation could not operate alongside federal laws as only the federal parliament had the power under … Read more

Pregnant Man Cannot Divorce Wife

by Peter Magee on June 14, 2013

Peter Magee

Yes you read that correctly. Thomas Beatie was born female. Despite his double mastectomy and testosterone hormone therapy, Beatie had retained the ability to conceive children. He married a woman in Hawaii in 2003. At the time that Beatie married his wife in Hawaii, neither same-sex marriage nor same-sex civil unions were legal. He therefore must have married in Hawaii … Read more