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In a win for same-sex relationship recognition, laws allowing for civil partnerships with official ceremonies have been passed in the ACT. While the landmark ruling on Wednesday, November 11 has been welcomed by many, the development has drawn a mixed response from key equal rights activists, who see problems with the fact that they are limited to same-sex couples only. “It means a heterosexual couple can have a civil partnership but no official ceremony,” John Kloprogge of Equal Love told Queensland Pride. “That was ACT Labor’s amendment to the Greens’ original bill. We thought it was unnecessary and exclusionary. We disagreed with that amendment.” Wayne Morgan, a law lecturer at Australian National University advised Equal Love that the amendment may even contravene the ACT’s human rights laws, casting doubt on the future of the new laws. However, ACT Labor saw it differently. “The human rights laws take into account circumstances where you’re giving positive discrimination in favour of a community traditionally denied human rights, so Labor felt this amendment wouldn't contravene those laws,” Kloprogge explained. It remains to be seen whether the Federal Government will move to overturn the new law. The government has overturned other ACT civil union legislation in the past, claiming it “mimicked traditional marriage”. “I’m quite nervous,” Kloprogge told Queensland Pride. “But the fact remains this will be the hardest bill for the Federal Government to override so far. Because of the way it’s been drafted, the Federal Government would need to construct a new legal rationale to explain how it conflicts with federal law.” The ACT legislation was drafted on the advice of Stephen Gageler SC, who has since been appointed to the role of Commonwealth Solicitor-General. If the Federal Government does overturn the measure, Kloprogge said it would be contradicting the advice of the now Commonwealth Solicitor-General, who says it doesn’t conflict with federal legislation. “If the Rudd Government overturns this bill, it would show they’re really interested in prejudice not legal conflict,” he said. Many activists are unhappy with the outcome because it excludes heterosexual couples and trans couples, he added. “This came up in the debate in the chamber,” said Kloprogge. “In a sense it potentially adds an extra layer of discrimination: it’s saying we should have a different law for same-sex couples than for others. “None of this would have happened if we just had marriage at a federal level.” The passing of laws allowing civil union ceremonies in the ACT has followed considerable lobbying from the territory’s LGBT communities. Most recently, approximately 100 people gathered in Canberra’s Garema Place on the Saturday November 7 (pictured) before marching to the ACT Legislative Assembly to demand greater relationship recognition.
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