AUSTRALIAN

LGBT rights in Australia

LGBT rights in Australia

Lesbian, gay, bisexual, transgender (LGBT) rights in Australia have gradually progressed since the late-20th century, to the point where LGBT couples enjoy many of the same rights and benefits as non-LGBT couples - with the notable exception of marriage.
Australia is a federation of several state and territories, meaning many of its laws with respect to LGBT rights originate from a sub-jurisdictional level. States and territories began granting domestic partnership benefits civil unions to same-sex couples from the mid 2000s and federal law recognises same-sex couples as de facto unions. Same-sex marriage has been proposed to the Commonwealth Parliament multiple times, but the government has rejected the bills on all occasions. Marriage, for federal law purposes, is defined as the union of a man and woman. The Australian Capital Territory legalized same-sex marriage in October 2013, becoming the first sub-jurisdiction in Australian history to do so. The law is though currently awaiting a hearing and review in the High Court of Australia, where it faces the very real prospect of being struck down on constitutional grounds. Same-sex adoption varies across each state and territory, with some allowing both joint and step adoption whilst others have not yet legislated same-sex adoption altogether. Discrimination protections on the basis of sexual orientation and gender identity or expression also vary in each state and territory, though federal protection laws have been in place since June 2013. Transgender Australians may change their legal gender in all states and territories and are recognised as their desired gender.
Australia has been referred to by publications as one of the most gay friendly countries in the world, with recent polls indicating that a majority of Australians support same-sex marriage. A 2013 poll conducted by Pew Research indicated that 79% of Australians viewed that homosexuality should be accepted by society, making it the fifth most supportive country in the world behind Czech Republic, Canada, Germany and Spain, which ranked first. Because of its long history in regard to LGBT rights and its annual three-week long Mardi Gras festival, Sydney has been named one of the most gay friendly cities in the country and in the world.

Recognition of same-sex relationships

Federal (Commonwealth) laws do not allow same-sex couples to legally marry under the Marriage Act 1961. The rights of states and territories to create their own same-sex marriage laws are currently pending a hearing and review of the High Court. Australia recognises same-sex relationships - including same-sex couples married in foreign jurisdictions or sub-jurisdictions - as de facto unions. Following the Australian Human Rights Commission's report Same-Sex: Same Entitlements and an audit of Commonwealth legislation, in 2009 the Australian Government introduced several reforms designed to equalise treatment for same-sex couples and same-sex couple families. The reforms amended 85 Commonwealth laws to eliminate discrimination against same-sex couples and their children in a wide range of areas. The reforms came in the form of two pieces of legislation, the Same-Sex Relationships (Equal Treatment in Commonwealth Laws-General Law Reform) Act 2008 and the Same-Sex Relationships (Equal Treatment in Commonwealth Laws-Superannuation) Act 2008. These laws amended several other existing Commonwealth Acts to equalise treatment for same-sex couples and any children such couples may be raising with respect to the following areas:
*Taxation *Superannuation *Health Insurance *Social Security *Aged care and child support *Immigration   *Citizenship  *Veterans' Affairs

Recognition of same-sex unions in Australia

Same-sex unions are treated as de facto unions under Australian federal law, though each Australian state and territory is entitled to create their own laws with respect to same-sex relationship registers and same-sex partnership schemes. Same-sex couples are prevented from marrying due to a ban on same-sex marriage contained within the Marriage Act (1961) amended in 2004 by the Howard Government.
Same-sex marriage has been legalised in one sub-jurisdiction of Australia (Australian Capital Territory), though the constitutional rights of territories to create same-sex marriage laws are currently pending a hearing and review of the High Court

   Adoption andparenting rights

LGBT adoption rights in Australia.

  LGBT couple and step-parent adoption

  Same-sex step-parent adoption only

  LGBT Individual adoption petition

  LGBT Foster parenting only

  Adoption rights being debated

  All same-sex adoptions banned

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