Gillard rationale for discrimination dismissed as furphy
Partner speaks out after Portuguese marriage blocked by Aus Gov’t
Independent MP, Andrew Wilkie, has labelled the Government’s attempt to stop gay and lesbian Australians from legally marrying overseas as “petty and mean-spirited”.
In Parliament today, Mr Wilkie asked Prime Minister, Julia Gillard, why her Government upholds a Howard-era policy of denying same-sex couples the key document they need to legally marry in other countries.
In some other countries Australians can only marry if they provide the authorities with the document – called a Certificate of No-Impediment to Marriage or CNI – confirming they are not already married in Australia. (A fact-sheet on CNI’s can be accessed here)
The Australian Government provides CNIs to Australians entering opposite-sex marriages but has denied them to same-sex couples since 2004.
AME National Convener, Alex Greenwich, welcomed Mr Wilkie’s question saying the Government’s denial of CNIs to same-sex partners is causing harm.
“Because of the Government’s refusal to issue CNIs same-sex partners have had to cancel weddings, have missed out on key entitlements in areas like health care and immigration and have suffered yet another slap in the face from their home country.”
“As the number of countries that allow same-sex marriages increases so does the number of couples having these hassles and suffering this indignity.”
A Sydney man, Chris Brown, who is unable to marry his Portuguese same-sex partner under Portugal’s equal marriage law because of the Australian Government’s refusal to give them a CNI, said:
“As much as I appreciated the support of friends and family, no amount of “don’t worry – it’s only a piece of paper” or “but it’s your love that counts” made up for the fact that my country was saying that my relationship was not only not worthy of recognition, but I had to be prohibited from having this relationship recognised elsewhere in the world.”
Mr Greenwich pointed to a 2009 tri-partisan Senate Committee inquiry into same-sex marriage that recommended same-sex couples be allowed access to CNIs. It found:
“A decision by a sovereign nation to allow marriage between a couple of the same sex should be a matter for that nation, and not a matter against which Australia should throw up bureaucratic barriers.”
Mr Greenwich went on to dismiss as “a furphy” the Prime Minister’s rationale for denying CNIs on the basis that same-sex marriages aren’t recognised in Australia.
“Other countries ask for CNIs because they want to know that the person applying to marry under their laws isn’t already married in Australia. They don’t care if the marriage is or isn’t recognised in Australia.”
“This is why the CNI application form doesn’t even ask if you’re intending to enter a same-sex marriage.”
“Also undermining the Government’s rationale is the fact that same-sex marriages ARE recognised in Australia, including by the Bureau of Statistics, the Tasmanian Government and dozens of major corporations.”
“The inhumanity, meanness and sheer stupidity of this policy is what saw the 2009 Senate inquiry into marriage equality recommend that CNIs be issued to same and opposite-sex partners equally.”
For more information contact Alex Greenwich on 0421 316 335. Chris Murray can be contacted through Mr Greenwich.
For more information on CNIs click here
For an article by AME Campaign Director, Rodney Croome click here
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Mr Wilkie’s Question:
Marriage equality: Certificates of No-Impediment to Marriage
My question is to the Prime Minister.
Australians looking to marry overseas must first receive certificates of no-impediment to marriage – or CNIs – from the Australian Government.
Currently, the Government refuses to issue CNIs to same-sex couples seeking to marry get married in countries which allow same-sex marriage.
A decision by a sovereign nation to allow same-sex marriages should not be interfered with by Australia.
This was also the view of the 2009 Senate Legal and Constitutional Affairs Committee inquiry into marriage equality.
The ban looks petty and mean-spirited.
Prime Minister, will you lift the ban on issuing CNIs to same-sex couples getting married overseas?