Gay and lesbian couples could be officially recognised in Western Australia with rumours of a civil partnerships bill under consideration by the Nationals’ WA branch.
The draft bill would recognise a civil partnership as a relationship between two adults, regardless of their gender, according to the West Australian Newspaper.
Couples, both heterosexual and homosexual, could apply to the Registrar of Births, Deaths and Marriages with a statutory declaration that the couple was not related and was not already married or in a civil partnership.
In 2006, the Young Nationals passed a motion at the state conference that was in support of civil partnerships.
Gay and Lesbian Equality (GALE) convenor Kitty Hawkins told OUTinPerth this bill would be the ‘first significant step towards having civil partnerships in WA’.
Hawkins and the GALE team have remained cautious about the news though, as the Nationals’ were yet to confirm that they were considering the issue.
‘It is still up in the air, (the bill) is not a definite thing,’ Hawkins said.
In a media release, Hawkins said the legislation could provide couples of any sex or orientation with official recognition outside of marriage.
‘A civil partnerships bill would be a valuable step towards the legal recognition of loving same-sex couples and families in Western Australia,’ she said.
‘For the many loving couples of any sex who struggle to prove the existence of their relationships, such legislation would allow them to have their relationships recognised by law, and legally celebrated in front of friends and family, without taking the route of marriage.’
Greens MLC Lynn MacLaren said the WA Greens Party supported civil unions and the bill was ‘most likely’ to pass if it was introduced – even without the Liberals.
‘We look forward to a Parliament debate on ending relationship discrimination. It’s a debate we can win,’ MacLaren said.
‘The Liberal party is the only party without a policy which supports civil unions.
‘They may have a conscience vote, in which case, some elected members are likely to support civil unions.
‘Most Australians now support marriage equality, so why wouldn’t most elected Members of Parliament?’
As OUTinPerth understands, civil partnerships have been on Labor’s national platform since 2009 but state branches were yet to act on it.
Acting Labor leader Roger Cook agreed with the Greens that a state relationships register would help gay and lesbian couples ‘exercise their rights under WA law’.
‘WA Labor is proud of our record of extending equal rights to gay and lesbian Western Australians,’ he said.
‘While the question of marriage is a federal issue, the Barnett Government should, and can, establish this register to reflect the changing attitudes of our community.’
At the National Labor Conference in 2009, the ALP changed its national platform to develop a nationally consistent framework to officially recognise all relationships.
While news of this legislation has been generally praised, at least one advocacy group remained wary of the impact this bill may have on the same-sex marriage campaign.
Australian Marriage Equality spokesperson Alex Greenwich told OUTinPerth that any same-sex relationships register should be treated as an ‘interim’ measure.
‘In Victoria and Tasmania, they have been able … to provide some protection to same-sex couples, who wish to enter into a civil partnership,’ Greenwich said.
‘Obviously, nobody is under the illusion that partnerships or civil unions are a substitute for marriage, they wouldn’t provide the same protection or recognition, even within other states.
‘But it is something that could act as an interim measure to provide some protection for same-sex couples.
‘I think we see (marriage and civil partnerships) as completely different and achieve completely different things.
‘Gay and lesbian couples, and the general public know that differential is not equal; we don’t have different driver’s licenses because we’re gay, so we shouldn’t have different forms of relationship recognition.’
Four states and territories already have same-sex relationship registers in place, dating back from 1994.
The Australian Capital Territory was the first state or territory to officially recognise same-sex relationships in 1994, followed by Tasmania in 2004, Victoria in 2007 and NSW last year.
South Australia introduced a same-sex domestic partnership agreement that shared similar benefits to de facto relationships.
OUTinPerth contacted the WA Liberals, the WA Nationals, and the WA representative of the Australian Christian Lobby who did not respond in time for publication.
Benn Dorrington
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