Time for compromise on same-sex marriage

·        Whatever the religious and moral concerns may be, homosexuality has been removed since 1973 from the Australian Medical Association’s list of mental illnesses and disorders whilst homosexual practices between consenting adults ceased to be a public offence in all of the Australian states and territories up to and since 1997.

·        Whether same-sex relationships are recognised or not, courts have to deal with the same problems and issues that arise between the parties in the same way they arise in respect of heterosexual relationships, married or otherwise. Legal certainty of same-sex unions would be an aid to justice.

·        For practical reasons Federal Parliament has already recognised de facto same-sex unions in at least 85 statutory provisions relating to such things as superannuation, taxation, social security, health insurance and other legislation.

·        The High Court has held that the Constitution gives the Federal Parliament exclusive power to make laws relating to “marriage” and that the “juristic concept of ‘marriage’ cannot be confined to a union having the characteristics [only of an heterosexual one]”. The Parliament has the power to legally recognise any kind of “marriage” relationship, including same-sex unions.

·        Since 2001 when The Netherlands was the first country to do so, there are now 22 countries, including the UK, USA, Canada, South Africa and NZ that have recognised same-sex marriage. Globally that trend continues with Taiwan’s constitutional court ruling in favour of same-sex marriage on 24 May this year.

·        Whilst informal polls are not always accurate or impartially devised, they suggest that a majority of the public is not opposed to the recognition of same-sex marriage. Even so, good sense suggests that if the cause is defeated at this time it will not go away.