Are you aware that legally an uncle can marry his niece? Or that cousins are able to wed? No matter what you morally think about either of these unions, under the Australian Marriage Act 1961, they can legally become husband and wife.

You would probably be more than aware though, that same sex marriages are forbidden – that was until last week.

In an Australian first, gay marriage has been legalised in the ACT.

But just 24 hours after same sex marriage laws were passed by the ACT Legislative Assembly, the Commonwealth government lodged a writ of summons in the High Court challenging the validity of those laws.

No doubt this will frustrate the hopes of same-sex couples from around Australia but regardless of the outcome, I personally congratulate the Labor-Greens majority in the ACT Legislative Assembly on their evolution of thinking and hope one day soon, Queensland will follow their lead.

I’ve always loved the romantic essence of weddings, to witness a public declaration between two people brings tears to my eyes every time. In fact, love the ceremony so much that I decided to become a marriage celebrant myself but don’t think I take the process lightly.

As a civil celebrant, I know that marriage is one of the most common contracts that people can enter into but it’s also one that has the most legal implications for a couple and their family. For those who aren’t across the 1961 Marriage Act I want to share my frustrations with you.

If an aunty brings her nephew to me and says they would like to get married – I’m able to do that. If cousins come to me and say they want to tie the knot – I can do that, but if two males or two females come to me and say they want to get hitched – they’re denied the privilege.

I find it embarrassing and incredibly out-dated that I have to refuse a gay couple but our government has no issue with family members tying the knot. Why? In this day and age aren’t we beyond thinking homosexuality is a choice of immoral behaviour? To deny someone the right to get married based on their sexuality is discrimination and I believe and hope this discrimination will die with the older generations.

Tony Abbott keeps telling us that the bible states that marriage is between a man and a woman but if that was supposed to be, then why did god make it possible for a man to love another man?

My religion teacher kicked me out of class in year nine for asking “if she personally knows for a fact that god doesn’t like gay people?” I wasn’t trying to be facetious like she thought, I just honestly couldn’t understand why god would be so unkind. There is no logical reason not to allow gay marriage. It’s about love not gender, so change the 1961 Marriage Act.

Photo: Wolter Peeters
Author: Abby Coleman
Publication: Brisbane Times
Date: 28 October 2013