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Thursday, 12 August 2004
Page: 26560


Senator NETTLE (4:46 PM) —I move the Greens' amendment R(2) on sheet 4338 revised, in both my name and the name of Senator Brown:

R(2) Schedule 1, item 3, page 3 (lines 15 to 19), omit section 88EA, substitute:

88EA Certain unions are marriages

A union solemnised according to the law of a foreign country between two persons, regardless of their sexuality or gender identity, voluntarily entered into for life shall be recognised as a marriage in Australia.

This amendment ensures that marriages between two persons, regardless of their sexuality and gender identity, that have been entered into according to the law of a foreign country shall be recognised as a marriage in Australia. This amendment is to make it clear that individuals who have chosen to have their relationship recognised in another country, perhaps another country with a more enlightened view of the types of relationships and marriages that people experience, can have that relationship equally recognised in Australia when they choose or if they choose to come back to or to live in Australia. It is an opportunity to recognise those people because they have not had the opportunity to have their relationship recognised under Australian law and have chosen to make an often difficult choice to travel overseas and go to a country in which they can have their relationship recognised. They have gone to that effort because they specifically wanted to have their relationship recognised under the law. This amendment says, `Your relationship will be recognised under Australian law. If you have gone to a country and married under a legal system that is more enlightened than the one we have here and in which your relationship is recognised, it will be recognised here in Australia as well.' That is what the second Australian Greens' amendment seeks to do.

Question negatived.