Sunday, June 27, 2004

Another bumper bill


I have just had a look at the bumper 99-page Relationships (Statutory References ) Bill. Its objective:
To have neutral laws on relationships that apply across the board, whether those relationships are marriages, de-facto relationships or same sex relationships.

No specific mention of Civil Unions in the objective, though. As a result of this bill, the same legal rights and responsibilities will apply to married, de facto and civil union relationships.

I`m no lawyer, but this bill, to be voted on Tuesday, equates civil unions with marriage, and emphasises the rights of those in a civil union above all others. If the Civil Union bill is dumped, there will be so many changes made to this bill that it will almost be a redraft.

Under the bill, de facto couples who are not in a civil union appear to be treated differently in some areas of the law purely because they are not married or in a civil union. For example, those in a relationship who make wills, but are not married or in a civil union are treated differently. Also the Marriage Act 1955 will be amended to note that a person may not marry his "Mothers civil union partner" and so forth. Why, in light of the objective will a person still be able to legally marry his mother's de-facto partner, if all relationships are supposed to be treated equally in the eyes of the law?

Could it be that this bill is there just to ensure that the same sex couples who are in civil unions get the rights because the Government does not think a bill will pass if they include them in the Marriage Act? Meanwhile, in terms of legal rights, unmarried couples will not be treated the same as those in a civil union.

There are some laws that are worth neutralising, but, given the timing, is this bill really about a neutral relationship law applying across the board - or is the intention just to support the Civil Union Bill - which is marriage in all but name - and apply legal recognition predominately to those who are in a civil union?

If this bill passes without the Civil Union Bill - as is possible - the Government will have egg over its face.

Anyone read this bill?

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