Supporters of marriage equality are calling on the Western Australian Government to amend its de facto recognition laws to recognise overseas same-sex marriages.
The call comes in the wake of a tragic death in Adelaide recently involving a gay British couple married in the UK and on honeymoon in Australia.
South Australia does not recognise same-sex marriages conducted overseas and so the surviving partner in this situation was not recognised as next-of-kin and the deceased will be recorded by that state’s coroner as “never married.”
The funeral director was forced to talk with the deceased’s father and could not take instruction from his surviving husband.
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WA Convenor of Australian Marriage Equality (AME), Brian Greig, said the same situation would arise in WA under the same circumstances.
“It is appalling that the surviving partner in a marriage is denied any legal say in his deceased partner’s affairs or coronial administration.
“South Australian Premier Jay Wetherill is to be applauded for announcing today that he will move quickly to change that state’s law,” Mr Greig said.
Mr Greig said that New South Wales, Queensland and Tasmania had amended state laws to recognise same-sex couples married oversees, but WA had not.
“While WA recognises same-sex couples under de facto legislation, this does not currently translate to same-sex couples legally married overseas.
“AME will be writing to State Attorney, Michael Mischin, urging an amendment to our de facto laws to allow a new classification for foreign marriages to be used as ‘conclusive proof of a de facto relationship.’”Mr Greig said.
Mr Greig said that until the Federal Parliament passed equal marriage laws across the whole country, then states and territories were being burdened with ad hoc responses resulting in legal inconsistencies across the country.
“We need marriage equality across the whole country, but until then we call on the WA parliament to do its bit in trying to address this discrimination,” Mr Greig said.
Contact: Brian Greig (Perth) M: 0407 776 961
Author: Brian Greig
Publication: AME Media Release
Date: 20 January 2016