I recently had another letter to the editor published in my local newspaper back home, where I voiced some concerns on recently proposed legislation. I may seem like a quiet person with not much to say, but get me on the right topic and I've got plenty. This is one of those topics.
I've sent in a couple of other letters before which were also published, on the topics of prostitution, and legalising "soft" drugs. I'm basically always writing about politics and law.
Well in reading the version of this most recent letter that was printed in the paper, I found that it was edited a fair bit. So here is my original version - uncut!
So our premier, Lara Giddings, has pledged Tasmanian
tax-payers’ money to a fight to legalise same-sex marriage in Tasmania. What this means is redefining the definition
of marriage from what it currently and legally is to include same sex couples.
The noticeable fly in the ointment here is that The Australian Marriage Act
1961 clearly defines marriage as being between a man and a woman only. This is the Australian Federal Law.
This means that despite our premier’s fight to change this
definition in Tasmania, such marriages will still not be recognised according to
Australian Federal law, as they will contradict what is written in the Marriage
Act, under the Australian Constitution.
As some people may not be aware, in Tasmania there is
already a legal provision for same-sex couples, in that they can register their
relationship with Births, Deaths, and Marriages and receive a Deed of
Relationship certificate. (I’m sure no
one would object to them holding a ceremony and celebration at this time either.) This document functions much the same as a marriage certificate in proving and
allowing rights in areas such as wills, property division, guardianship, health
care, statutory compensation schemes, state taxes, fees and licences, and state
superannuation and pension schemes. It
even gives them the legal provision to change their name, as does a marriage
certificate.
So what rights exactly does Lara Giddings need to fight for here, with money
that is much needed elsewhere?
If she is serious about going all the way, this will lead to
an inevitable (and very expensive) High Court battle to essentially separate
Tasmania’s marriage laws from this definition under the Australian
Constitution.
Now, I know we like to joke about Tasmania being its own country sometimes, but
do we really want to start separating ourselves from the protection of the Constitution?
If Lara Giddings is successful in such a separation, where
will that leave Tasmania? Probably
drifting down Bass Strait without a paddle…