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This result is precisely what I expected when I wrote may earlier post on the overreach of the Canberra Town council>
The High Court determined that the federal parliament has the power under the Australian constitution to legislate on same-sex marriage, and that whether or not same-sex marriages are legalised is a matter for the federal parliament.
“The Court held that the object of the ACT Act is to provide for marriage equality for same sex couples and not for some form of legally recognised relationship which is relevantly different from the relationship of marriage which federal law provides for and recognises,” the summary judgment said.
“Accordingly, the ACT Act cannot operate concurrently with the federal Act.”
It said because the ACT does not validly provide for the formation of same sex marriages, the whole of the ACT’s Marriage Equality (Same Sex) Act 2013 has no effect.
Supporters of gay marriage were dismayed at the ruling.
“This is devastating for those couples who married this week and for their families,” Australian Marriage Equality national director Rodney Croome said shortly after the decision was handed down in Canberra.
However, he said the ruling was just “a temporary defeat”.
Australian Marriage Equality spokesman Ivan Hinton was one person who took advantage of the ACT laws, marrying his partner Chris Teoh in Canberra last weekend.
“I don’t want to be unmarried this afternoon,” he told reporters outside the High Court.
The Australian Christian Lobby said the ruling upheld the uniformity of marriage laws across the country.
“Marriage between a man and a woman is good for society and beneficial for governments to uphold in legislation,” managing director Lyle Shelton said in a statement.
“It’s about providing a future for the next generation where they can be raised by their biological parents, wherever possible.” Mr Shelton was concerned for same-sex couples who thought they were married under the ACT legislation.
“Understandably they will be disappointed at the decision handed down today and it is unfortunate they were put in this position,” he said.
Human Rights Law Centre spokeswoman Anna Brown said the ruling was a blow to the same-sex couples who had tied the knot in the ACT.
“The outcome has laid responsibility for advancing marriage equality squarely at the feet of the federal parliament,” she said.
ACT Chief Minister Katy Gallagher said her government had no regrets about pursuing marriage equality.
There are no short cuts to bringing about such a substantive change to our society and anyone who thinks that its a good thing to try to make such changes through the back door opened by an overblown town council are clearly deluded. The high court has spoken and made it clear that the definition of marriage is entirely within the remit of our FEDERAL parliament and the activists that pursued this bit of street theatre should be hanging their heads in shame that they have given Gay marriage advocates such empty and false hope,
Well I’m Cheering a good decision Comrades
- First Australian gay weddings held in capital city (thehimalayantimes.com)
- High Court to rule on same-sex marriages (sbs.com.au)
- First day of gay marriage in ACT (news.smh.com.au)
- First Australian gay weddings held in capital city (cnsnews.com)
- High Court to rule on same-sex marriages (radionz.co.nz)
Imagine my surprise when my mate Kevin sent me this email overnight.
To: Iain Hall
If I am re-elected Prime Minister, I will support marriage equality legislation in the first 100 days of Parliament.
At this evening’s debate, I made that commitment to the Australian people.
If you think it’s time for marriage equality, I’d like you to stand with me and show the country that we think it’s time:
I’ve been thinking about the meaning of marriage for a long time – and I won’t hide the fact that this has been a journey for me. It is a difficult discussion, and I won’t force this on anyone. It will be a free vote for members of the Labor Party.
But here is what I know: we are at our best when we give all Australians the same dignity, the same opportunity for happiness.
I believe that no matter who we love, we all should be able to make that same promise I was able to make to Therese over 30 years ago. That all of us should be allowed to marry the one we love.
I am the first Prime Minister of this country going into an election promising to support marriage equality. So if you support equal marriage, I will need your support.
This is an issue that is very personal to people. What moves us to take a stand on this issue can move others too. If you think it’s time for marriage equality, share your story telling the country why.
What it says to me is that there is no fringe issue that the New Again Dear Leader won’t try to exploit in his quest for re election. However if we give this brain fart even the most cursory inspection it will become obvious that it won’t save Rudd’s bacon because most of those who are hot to trot for gay marriage are Greens supporters or other minions of the left who would not vote for the coalition anyway. So the best that this could do is make a few votes that now only come to Labor as second preferences go directly to Labor which in real terms makes it a zero sum game, that is only if we can assume that those same progressives can get over their disgust for Labor’s PNG solution. Nah this whole grab for poofter power to save Rudd from political oblivion is bound to be as fecund as the gay couples that Rudd is seeking to exploit here. It may well come to pass that as a society we decide to broaden the definition of marriage to include same sex pairings but at present its invocations buy Rudd is just another example of the old bait and switch which Rudd hopes will shift the debate into the esoteric world of interpersonal domestic issues rather than the focus being upon Labor’s woeful record of mismanagement , overreach and wacky ideas that don’t work like the carbon tax.
- Kevin Rudd’s message: it’s time for marriage equality (cafewhispers.wordpress.com)
- Australian PM Promises Equal Marriage Bill if Re-Elected (bilerico.com)
- Australia: Prime Minister Kevin Rudd pledges to introduce equal marriage if reelected (pinknews.co.uk)
- Australian PM Kevin Rudd Promises Marriage Equality in 100 Days if Elected: VIDEO (towleroad.com)
- Australia’s Kevin Rudd Promises Gay Marriage Bill In First 100 Days (ontopmag.com)
- Australia Election: Kevin Rudd reads from notes in first debate (telegraph.co.uk)
- Rudd pledges same-sex marriage bill (updatednews.ca)
As a supporter of Civil Unions for same sex couples I was a little concerned that the declaration that a LNP government would scrap the hastily created Civil Unions act in Queensland because it seemed to me to be a wrong decision. Fortunately as it turns out Newman has found a way to amend the legislation to create a compromise that we can all live with.
Of course the so called “equal love” zealots like Rodney Croome or our learned friend are going to be horrified and they will see this as a retrograde step but they don’t really like the realities of democracy anyway. No, putting the the zealots to one side this decision is a sound and sensible one that protects the interests of couples without offending those of us who believe that marriage is a profoundly heterosexual institution that does not need reform. Well done indeed Mr Newman
A great piece today in the Oz from my favourite Marxist Brendan O’Neil where he succinctly explains why some otherwise sensible conservatives are taking the plunge to support this seemingly innocuous err, cough, splutter, “reform”.
Of course I expect that our learned friend will be onto this piece like a starving hound would be onto the fox, with a great deal sound a fury (signifying nothing) but we only have to look to Canada to see just how bad the repercussions will be if this so called reform is ever to be made manifest if the activists and fag hags ever get their way.
So lets leave the marriage well enough alone and if homosexual relationships need any sort of legal recognition and social acknowledgement then lets do it through other legal and social instruments like some sort of civil union or relationship register.
I have just read the revelation in the Oz that Tony Abbott’s sister is herself both Gay and in a committed relationship and more importantly that this has not meant that she has become persona non grata at the Abbott household where she has been welcome with her partner on numerous occasions.
Cheers again Comrades
Update the second
As predicted our learned friend has produced a rant about Brendan’s piece in the OZ and also as predicted he is very hound like in his he desire to attack and maul the fox here but I think that he has just ended up with a mouth full of straw and dead air:
Now I am actually a student of our learned friend’s rhetoric and usually he tries to at least find something in the text which he can twist and turn to his purposes but on this occasion he goes one step further and totality invents and argument that O’Neill is not even making:
O’Neill actually argues that – get this – the government stopping trying to encourage gay people to marry straight people (which seems cruel to the straight people who marry them, to be honest) is “an invitation to yet more state interference” in our lives.
Yes, there’s less state control of our lives when the government arbitrarily tells us whether we can marry that man or that woman, purely on the grounds of our gender.
It’s the most bizarre black-is-white up-is-down argument I can remember ever seeing.
I may be wrong, but after reading the O’Neill piece in question five times I can’t find where he argues this at all. of course Our leaned friends fans uncritically accept his argument without question
Worse still our learned friend totally misrepresents O’Neill’s actual argument as well by a mixture of selective misquoting and derision:
Brendan goes on to give us some even sillier stereotyping and false assertions (“A gay relationship is fundamentally one of romantic love, far more so than traditional marriage is”), absurd claims (“In Canada… the words husband and wife, even mother and father, have been airbrushed from official life”) and dishonest strawmen (“Collapsing together every human relationship under a mushy and meaningless redefinition of ‘marriage’”), but that backwards freedom-is-slavery line appears to be his main point, and, unlike the above common furphies, a line I’ve never seen before.
If our learned friend had actaully done some research about the situation in Canada he would discover that there is nothing made of straw or dishonest about the way that official nomenclature has been altered in reference to family and parental roles in the wake of gay marriage there. Unlike our learned friend Brendan O’Neill actaully knows what he is talking about when it comes to the situation in Canada.
The rest of Sear’s rant is just his typical foaming at the mouth wild hound dog raving he is desperately trying to get a mouthful of that O’Neill fox but all he has managed to get is teeth around is a few handfuls of rather rank straw. In typical totalitarian style he declares himself winner as if asserting something will make it so and all the while the fox is sitting there doing a bit of indifferent grooming and leading the chorus of laughter at our learned friend’s foolishness. What a lovely way to wake up to a beautiful day!
Cheers times three Comrades
- CLE on Same Sex Marriage and Civil Unions (lawprofessors.typepad.com)
- The U.K.’s Marriage Equality Debate Heats Up (newwaysministryblog.wordpress.com)
- Homosexual Partnership. (iangardnerdotcom.wordpress.com)
- “Why gay marriage is a very bad idea” (ebougis.wordpress.com)
- What Effect Will Gay Marriage Have? (queerlandia.com)
- Gay marriage: The fight is on, but who is calling the shots? (independent.co.uk)