The federal, state and territory governments face some constitutional as well as ethical difficulties over same-sex unions.
The debate has flared again after ACT Attorney-General Simon Corbell vowed to push ahead with legislation similar to that vetoed by the Howard Government. Initial indications were that the new Federal Labor Government would not veto it. Prime Minister Kevin Rudd said Federal Labor was not in the business of over-ruling territory law. State and territory governments were answerable to their own electorates.
But federal Attorney-General Robert McClelland later indicated that he would like to see uniform legislation along the lines of that in Tasmania. That would mean a register, rather than a system of formal ceremonies in which same-sex couples make a legal pledge to each other before an official as proposed by the ACT Civil Partnerships Bill. It would also mean gay couples would not be discriminated against under federal law, other than, perhaps, not being able to be called themselves “married”.
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