Same-sex relationship laws still lagging

High Court Judge Michael Kirby says despite moves to amend discrimination in a number of federal laws, same-sex relationships have been left behind.

Delivering the Rights Australia inaugural John Marsden lecture in Sydney last night, Justice Kirby said denying homosexuals the civil status of marriage was discriminatory.

He said that while many other countries had adopted marriage or civil union laws to protect the civic rights of same-sex couples, Australia lagged behind.

"In Australia, legislation is presently before the Federal Parliament to rectify the discriminatory provisions in a large collection of federal laws," he said in his speech.

"However, relationship measures lag behind."

Justice Kirby said even civil unions seemed a bridge too far.

"The relationships of same-sex couples can only be registered, rather like a dog or busker's licence."

"I hope that fellow citizens of goodwill who think upon this will not be surprised if many homosexual people in loving relationships say politely to this differentiation: 'Thank you, but no thank you'."

Justice Kirby said the debate on recognition for same-sex unions would continue in Australia.

"The direction of history, at least in countries like our own, seems to be in favour of the abiding principle of the equality of citizens of all ages, races, colours, creeds and sexualities," he said.

Marsden

Mr Marsden was president of the NSW Law Society and the NSW Council of Civil Liberties during his career.

He died in 2006.

Justice Kirby said Mr Marsden was a considerable achiever, although not without flaws.

"He was courageous and fought tenaciously for civic equality in Australia," he said.

"That is why the lecture has been named after him."

Other criticisms

Justice Kirby also used the lecture to criticise sodomy laws, which still exist in more than 30 Commonwealth countries including Zimbabwe.

He said he had been invited to speak on that topic at the 2009 Commonwealth Law Conference in Hong Kong.

"If John Marsden were here, he would be urging us all to lift our voices to tackle this relic of colonialism which, like the death penalty, persists in many Commonwealth countries, supposedly bound together by mutual respect for human rights," he said.

"Whereas in some countries the criminal laws have been repealed and reformed, the root cause for the animosity and hostility to homosexual people remains the teachings of religious leaders.

"The pain that John Marsden felt over the teachings of his church are translated in many countries, including sometimes our own, into violence, blackmail, hatred, stigma and discrimination."

Justice Kirby retires from the High Court next March.

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Debate will begin in the Federal Senate today over proposed changes to remove discrimination against same sex couples.

The 68 proposed federal law amendments affect areas like superannuation, property ownership, Medicare and family law.

Advocacy group GetUp is calling on the Opposition to support the changes.

The group's national director Simon Sheikh says it is long overdue.

"We're hoping that Malcolm Turnbull shows leadership in getting his party room to support this legislation," he said.

"We know that Malcolm Turnbull himself supports it and now it's time for him to show some leadership in building and going past party politics to get something done here."

NT intervention blamed for man's suicide

The family of a Northern Territory man who killed himself two months ago has blamed the federal intervention for his death.

The Indigenous man in his early twenties was charged with carnal knowledge over his relationship with a girl in her mid-teens who was his promised wife.

He was taken into custody when he breached his bail conditions that he not go near the girl, and killed himself after escaping.

The federal police officers on duty had arrived only days earlier under the intervention, and the man's aunty said his death could have been avoided if they'd gone to the community's elders for help.

"They didn't know anyone. They didn't know who to go to. They were new.

"But to save that boy they could have run to the elders to go and get him."

Glen Dooley from the North Australian Aboriginal Justice Agency has described the death as an avoidable tragedy.

He it was the result of misguided federal policies.

"The government thought there we paedophiles out in the communities and that the intervention would be about flushing them out and protecting kids.

"The reality of what's happened is that such paedophiles have not been found and what police have come across are examples of young men basically having sex with their teenage girlfriends."

Mr Dooley says police should be targeting relationships where there's a bigger age difference.

"When you've got police at loose and at large throughout the Territory now looking to hunt out these relationships, appropriate discretion that was once there isn't being used anymore."

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Watered down same-sex laws pass in ACT

Laws granting same-sex couples legal recognition passed the ACT Legislative Assembly Thursday night, but the territory government is still furious it was forced to water down its legislation.

"This is not the outcome the ACT government wanted," Chief Minister Jon Stanhope said during the late night debate.

The government had wanted to recognise gay marriage through same-sex civil union ceremonies but abandoned the plan after the federal Labor government said it would veto the move.

"It is a matter of embarrassment to me that my party did not stand up for this fundamental principle," Mr Stanhope said.

But the government said the fact same-sex couples could now register their relationship was still an historic moment.

Attorney-General Simon Corbell said he was very proud the legislation was passed by the assembly.

"Gay and lesbian couples in the ACT will now be able to affirm their relationship before friends and families and gain legal recognition of their partnership," he said.

Legal legitimacy would give same-sex couples increased access to superannuation, taxation and social security law reforms that heterosexual couples took for granted, Mr Corbell said.

"Although we have been unable to provide gay and lesbian couples the opportunity to affirm their relationship in a legally-recognised public ceremony, this is a historic moment on the inevitable path towards removing discrimination."

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The ACT government has been forced to abandon plans to legally recognise same-sex civil union ceremonies after the Rudd government refused to support the move, upsetting the Australian Coalition for Equality.

"What's particularly disappointing is that the Rudd government refuses to give a proper explanation for its strident opposition to same-sex marriage except to say that traditionally marriage is between a man and a woman," spokesman Rodney Croome said.

"Well traditionally there was slavery and traditionally women didn't have the vote. But just because that was the tradition doesn't mean that change couldn't occur."

Mr Croome said slavery was abolished and women eventually achieved suffrage.

"Change did occur, we moved on from that," he said.

On Sunday, ACT Attorney-General Simon Corbell condemned the federal government's stance, accusing it of resorting to "undemocratic nineteenth century colonial style power" to override legislation which had the clear support of the majority of the ACT Legislative Assembly.

But the Rudd government has received support from the Australian Christian Lobby.

Managing director Jim Wallace says the federal government is right to intervene for moral reasons.

"Marriage is between a man and a woman," Mr Wallace told ABC Radio.

"It's not for two per cent of the population to redefine a majority institution, particularly when it's so important an institution to a healthy society."