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Gay marriage ban passed
in Australia
Activists call bill unconstitutional and
are considenng a court challenge
by Donald Miller
SYDNEY — Australia’s Prime Minister
John Howard has won his fight to ban gay
marriage, but faces a possible court chal
lenge to the newly established laws.
The country’s Labor Party — which had
traditionally offered a moderate approval for
LGBT civil issues — voted with the coalition
in the Senate to pass the marriage amend
ment bill after an emotion-charged debate.
But Equal Rights Network spokesman Rodney
Croome said the bill may be unconstitutional.
“Our lawyers are exploring the possibili
ty that the constitutional basis for the new
law is too weak to sustain it,” Croome said.
“We are seriously considering the possi
bility of a High Court challenge.”
For the first time in three years, the gov
ernment set a time limit on the debate for
the bill to ensure it passed on Aug. 13.
Australian Democrats sexuality spokes
man Sen. Brian Greig said the bill had been
driven by fundamentalist Christian MPs and
community leaders, who rallied in Canberra
prior to the vote.
“Imagine if! were to stand in this cham
ber and boldly announced that Jewish peo
ple were shameful, vile and moral terror
ists,” Greig told the Australiari Parliament.
“I don’t believe those things, I would not
say them, 1 know them to be untrue and I
would condemn anybody who said such
appalling and shocking things.
“However... here in the Great Hall of
Parliarrient House 1 witnessed a huge
gathering of mostly fundamentalist
Christians and other assorted far right-
wing and anti-gay groups make those
exact claims against gay and lesbian peo
ple and their children.”
Greig said it was deeply offensive for anti
gay campaigners to argue that love and com
mitment between gay people was less or differ
ent to that between people of the opposite sex.
Democrats leader Andrew Bartlett came
to the verge of tears as he spoke of the high
rate of suicide by young gay people who
were vilified by such laws.
National Party leader Sen. Ron Boswell,
who attended the rally in Parliament, said
the bill made an important statement.
“Marriage is about love — I’ve had 40
years of it,” Boswell said.
Aussie Sen. Brian Greig says right-wing
fundamentalists called gays and lesbians
'vile and moral terrorists.'
“But it is also about commitment, about
creation, about providing the right environ
ment for nurturing children.
“Through this legislation the government is
reconfirming Australia’s commitment to mar
riage, its commitment to families and its com
mitment to our children and grandchildren.
“We are recognizing that marriage is a
public good, not just a private benefit.”
Manager of opposition business in the
Senate Joe Ludwig said the Labor Party sup
ported the change because it was in line
with the common law definition of marriage
and was consistent with marriage’s social
and religious history.
The legislation changes marriage law to
insert the words “man” and “woman.” The
text on government forms previously did not
specify that marriage wass restricted to
opposite-sex couples.
Ludwig said a Labor government would
implement a raft of changes to' tax, superan
nuation, farhily and immigration laws to stamp
out discrimination-against gays and lesbians.
Green Party leader Bob Brown said the
government had successfully wedged the
Labor Party on an issue that not even President
George W. Bush could get through Congress
because it breached the U.S. Constitution.
Sen. Brown accused Howard of “hate
legislating” and refused to apologize when
the Senate president described it as unpar
liamentary language.
The bill passed 38 votes to seven.
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