Marriage equality advocates have welcomed moves by the ACT Government to strengthen its same-sex marriage legislation.

ACT Attorney-General, Simon Corbell, today announced amendments that will help ensure the Bill has a better chance of surviving a High Court challenge.

Deputy director of Australian Marriage Equality, Ivan Hinton, said,
“We congratulate the ACT Government for heeding the concerns that have been expressed by some of Australia’s most eminent constitutional law experts.”

“We hope the amendments will improve the likelihood this bill will survive the High Court challenge which has already been announced by the Federal Attorney-General.”

Mr Hinton took issue with reports that the amendments will exclude transgender and intersex people from Territory marriage.

“Transgender and intersex people are not excluded from this legislation”.

“For the purposes of state and federal law almost all Australians are currently identified as either male or female and, as a consequence, will be able to marry under the federal law or the territory law depending on their circumstances.”

“The references to “same-sex” that will be included in the Bill to strengthen it refer to legal gender not sexual orientation. This law is not specific to gay and lesbian Australians”

“It is unfair on members of the transgender and Intersex communities to feel they are excluded when this is not actually the case.”

“ACT and Federal gender recognition laws should be changed to fully recognise intersex people.”

“It is impossible for a Territory or State marriage bill to bring about this change. This change will require separate legislation and we hope it is forth coming”.

For more information contact Ivan Hinton on 0419 124 826

Author: Ivan Hinton
Publication: AME Media Release
Date: 21 October 2013