Gay couples'
road to recognition fraught with pain
Gay and lesbian activists are cautiously optimistic that an amended version
of proposed laws that would give same-sex couples greater rights will pass State
Parliament next week. A meeting of shadow cabinet on Monday and a meeting of the Liberal partyroom
the following day will decide whether the opposition supports the bill. Daily negotiations between the government and the opposition this week have
left gay and lesbian activists hopeful that the bill will not be blocked when it
enters parliament this week. The bill aims to end discrimination against same-sex couples across more than
40 separate pieces of legislation, including superannuation, medical treatment
and stamp duty. But the opposition - which has been split internally over the bill - has
previously refused to support it on the grounds that it would extend rights to
people in other domestic relationships, such as housemates. Amendments proposed by independent MP Susan Davies that would clarify and
tighten the definition of "domestic partner" in the laws have won the support of
the government. Attorney-General Rob Hulls said yesterday that the proposed amendments did
not undermine the philosophical integrity of the bill. The government is expected to move its own amendments when the bill comes
before the lower house, most likely on Tuesday. Shadow attorney-general Robert Dean said the changes went a long way to
meeting the Liberals' concerns. "There has certainly been a major backflip," he said. "These are fundamental
changes, and effectively this is a new bill." Dr Dean yesterday held confidential talks with gay activists, who also met
the parliamentary secretary for justice, Richard Wynne, yesterday morning. But Dr Dean would not say whether the party would support the bill next week.
His decision to pre-empt the party's initial decision last month prompted a
heated public argument inside parliament with deputy Liberal leader Louise
Asher. Dr Dean said he still held some concerns about proposed changes to
administration and probate laws, which cover wills. He is concerned that the partner of someone for five years may be entitled to
the entire estate, while the dead person's previous partner would receive
nothing. Victorian Gay and Lesbian Rights Lobby co-convenor Miranda Stewart said wills
could be a sticking point when the bill came before parliament. But she said the opposition was entitled to move its own amendments. "I think I would have to say I am optimistic that this can go through," she
said. With the support of Ms Davies the government will have enough numbers to
force the bill through the lower house. But the opposition controls the numbers
in the upper house. Mr Hulls said many individual Liberal MPs wanted to support the bill, and he
said many would consider crossing the floor if the opposition decided to
formally block it. Earlier this week, Ms Davies conceded that the amended bill was still
unlikely to get the support of fellow independents Russell Savage and Craig
Ingram. She said the opposition was divided and unable to make up its mind which
way to go. "If the Liberal Party does oppose the bill, it won't be expressed as a split
in values, but expressed in a technical objection," she said. "But that's a bit
of a cover-up." Dr Dean said the gay movement had wanted to "shift the whole game" on
relationships, broadening the definition to people not living together or having
no permanence. "That's where the deception came in," he said. "It was a piece of - I won't
say shit, because that will get me into trouble - but it was a piece of garbage.
"If it ever does see the light of day, it will not be as a bill that
undermines long-term relationships in the family." Twenty years after the Hamer government decriminalised homosexual sex in
Victoria, in March, 1981, gay lobbyists have put the spin on the proposed
changes of equality for gay and lesbian couples with heterosexual de factos. But heterosexual de facto couples already enjoy most of the same legal rights
as married couples, so the changes would effectively place gay couples on a par
with married couples under state laws, at least, minus the federal legal
recognition of marriage, as well as maintaining the bar on adoption and IVF
access. Ms Davies said the amendments were "in some ways minor" - providing a
definition of "domestic partner" based on criteria including sexual activity,
cohabitation, mutual interdependence, shared finance and time together, the
latter open to judicial interpretation according to which law is being
applied. "Gay and lesbian couples exist, and we wish to encourage people to live in
loving, permanent, meaningful relationships, and recognise that those
relationships exist, rather than pretend that they don't," she said. The co-convenor of the Victorian Gay and Lesbian Rights Lobby, Chris Gill,
said many people mistakenly believed the proposed legislation was a symbolic
grab for special rights, or that discrimination against gays and lesbians was
entirely fixed. He said the lobby had now had two QCs revise the bill, and that changes could
be accommodated to rule out any unintended consequences of the proposed law. Dr Dean said the Liberal Party had always supported outlawing discrimination.
But the legislation as previously presented had been "grossly flawed" and he had
suffered the "slings and arrows" of opposing the bill. However, he was pleased that the amendments emphasised the notion of couples
cohabitating permanently, and that gay couples claiming domestic partnership
because of a child from a previous relationship would have to try to make the
new partner take parental responsibility for the child. Dr Dean said that even if all his concerns were tackled in the amendments -
making it a "whole new game" - he could not guarantee whether the partyroom was
likely to support the bill. This story was found at: http://www.theage.com.au/news/2001/04/28/FFXCA6NT0MC.html
By
DARRIN FARRANT
and STEVE DOW
Saturday 28 April 2001