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Rachel Cook
In what appears to be a turn-around on the
issue of civil unions in the ACT, the Rudd government has made it clear they
will not accept the territory’s existing Civil
Partnerships Bill in its current form.
Last week The Australian reported federal Attorney-General Robert McClelland as
saying the government ‘would not allow civil unions’, and reiterating Labor’s
preference for a state-based relationships register.
Prime Minister Kevin Rudd has always
maintained he would not support civil unions. However, before last year’s federal
election, ACT Attorney-General Simon Corbell was assured that the territory would
be allowed to legislate as it saw fit. There was also direct comment from the
Prime Minister on December 6 on the matter.
“On these matters, states and territories are answerable to their own
jurisdictions,” Mr Rudd told The Age.
This is the third
time the ACT has tried to implement its Civil
Partnerships Bill. In 2006 the Howard Government used their power to veto
legislation introduced by the territories to repeal the Bill.
Mr Corbell told The Australian that the ‘ACT would try
to abolish powers in the ACT Self-Government Act that allow the commonwealth to
override territory law’, calling such laws ‘archaic and undemocratic’.
If passed, the Civil Partnerships Bill will allow
same-sex couples in the ACT to not only register their relationship but to
include an official ceremony. The latter condition appears to be the sticking point;
with the federal government concerned the ceremonial aspect mimics marriage.
“Basically we have introduced the Bill in the Legislative Assembly,
and the ACT and federal governments are still in negotiations over the language
of the Bill,” a spokeswoman
for Mr Corbell, Monica Boogs, told MCV.
At the same time Mr Rudd assured the ACT he
would not ‘interfere’ in legislation, he also made a commitment to the
Australian Christian Lobby that he did not support civil unions. It is speculated
that pressure from the Lobby may influence Mr Rudd’s decision to quash the Bill.
“The federal government stated prior to the
election that they won’t support anything that supports gay marriage,” a spokeswoman for the Australian Christian
Lobby, Glynis Quinlan, told MCV this
week.
“We are hoping
they follow through with their promises. We don’t want to see the special status
of marriage undermined in society. We are happy to see same-sex couples have
control over their finances and visit people close to them in hospital, and we
agree with the Tasmanian model of the relationship register, but to have an
official ceremony completely undermines the special status of marriage between
a man and woman,” Ms Quinlan said.
Tasmanian activist
Rodney Croome says he is not surprised by the federal government’s latest response.
“I would say
there is a 50% plus chance of the government overriding the ACT’s bill if it is
introduced as it is.” he said.
“It’s a terrible
policy that says same-sex relationships are only a private matter and not
valued by the state or society. It’s a new closet,” Mr Croome concluded.
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