6 June 2006

Federales to strike down ACT's Civil union legislation

| johnboy
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The ABC reports that the Commonwealth Government is going to legislate get the Governor General to disallow the ACT’s civil union laws.

Attorney-General Philip Ruddock says the Federal Government cannot allow the ACT’s legislation to stand.

“We have decided to defend the fundamental institution of marriage against the laws that were passed here in the Australian Capital Territory,” he said.

“The Marriage Act makes it clear that marriage is a union between a man and a woman to exclusion of all others.”

Maybe we can get them to take over our budget as well as our laws.

UPDATED: Phillip Ruddock has put his media release online.

Under section 35 of the Australian Capital Territory (Self-Government) Act 1988, the Governor-General, on the advice of Executive Council, may disallow an ACT enactment within six months. The Government will recommend this course of action.

FURTHER UPDATE: The Chief Minister’s website makes no mention of the Budget, but Simon Corbell has let it be known that he is outraged.

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biogaz, the reason same sex couples can’t claim de facto status is that because while some laws recognise de facto relationships, de facto relationships don’t recognise same sex couples. This is generally the case in terms of Commonwealth laws because the ACT Government has cleaned up most of its laws to recognise ‘domestic partnerships’ which can be hetero or same sex relationships. The problem with domestic partnerships is that if anybody ever questioned the validity of the partnership (like the parents of a deceased partner who wanted to claim the estate), the partnership would have to be proved in a court based on whether the couple lived together, were financially co-dependent, had an emotional relationship etc. Apart from the fact that heterosexual couples don’t need to rely on court decisions to prove their relationship, the definition of domestic partnership may become problematic if one partner spent most of their time living on an oil rig, or commuting to a mine, or for whatever other reason did not cohabitate with the other partner. By entering into a Civil Union, there is no doubt that there is a partnership because the CU forms the partnership – something heterosexual people can do through marriage (although heterosexual couples can also enter into a Civil Union).

Someone explain how this is important when held up against the closure of schools, vast increases in the cost of living and the redundancy of 500 ACT public servants?

Like the dragway – this should be shitcanned because we have more pressing priorities. I am pro-gay marriage (even when they aren’t both hot chicks), as far as I’m concerned they’r entitled to the same rights I share with my wife. I don’t want to see an sixty-something dollar an hour MLA waste another taxpaying dollar or taxpayer funded minute on this, the dragway, the arboretum or the fucking centenary celebration until they can work on rectifying the shit state of affairs they have left us in.

I may be being ignorant hre, but why dont same sex couples simply live together and claim defacto status?

The rest of us who dont subscribe to the idea of a Christian ‘marriage’ have to take this route and it seems to work fine.

You’re a little tardy this time, VY.

I only believe in gay marriage when both chicks are hot.

Nyssa, I think you’ll find that the Feds have also intervened in NT Govt politics as well when the Euthanasia debate was at it’s peak.

How much time and money did Stanhope and Co waste on this whole bloody stupid PC exercise? Living beyond our means, eh, Mr Sonic??????

That may well be the case, but I don’t see JH sticking his nose into any other state or territories business.

Nyssa, in turns of the politics you can bet the Government has researched it within an inch of its life, and knows there’s a clear electoral advantage in beating up on anything that smacks of gay marriage.

Kim Beazley’s deathly silence on the matter shows you that the ALP’s got the same research.

Given that Johnny H has snubbed the ACT people and cost the tax payers a fortune in keeping two houses he can go and get stuffed.

He cares nothing for the ACT and knows nothing about it’s constituents. Not all of us are pollies.

If partnered same sex couples want to be recognised as equally as a married couple then more power to them.

He’s (JH) just a little boy trying to play an adult.

This is not a Federal issue. If the Feds thought they had the power they would pass a law preventing any State or Territory from giving gays and lesbians the right to enter a civil union, but they don’t. Instead, like the bully boys they are, they use section 35 to do over the ACT and impose their own prejudices. They should either repeal self-government or butt out. Don’t they have anything better to do.

well, many people think the ACT is hell, and we do have a satanic public broadcaster (666)

Closely in tune with developments in American politics – the quote of the day on the Doonesbury site today (http://www.doonesbury.com): “Marriage is under vicious attack now, I think from the forces of hell itself.”
— Focus on the Family chairman James Dobson

MrDee – although it would be great to see the High Court strike down Skeletor’s (AKA Phillip Ruddock) instructions for the GG to disallow the ACT’s Civil Union’s Law, Stanhope wouldn’t have a leg to stand on, as under s122 of the Constitution the Commonwealth has plenary power with respect to the Territories (ie it can pass whatever laws it likes).

And although I can’t agree with everything vg says, he does have a point – the Commonwealth Govt has the true power to provide for the equal protection of the law for same sex couples. If the Labor Party geniunely desires to achieve this goal, they should get their shit together on a Federal level.

The part where it’s a territory (state) matter? Apparently the Federal government believes in self-determination for the East Timorese but not for Canberrans.

I hate to be smart after the event…..actually no I don’t. I said this would happen. Standope and his bunch of twits knew this would happen, but they went ahead and did it anyway. Another belting for the Hedgehog and his moronic bunch.

If they want to ensure real change then campaign at the appropriate level, the federal one. There was bipartisan agreement of the federal Libs stance in 2004.

What part of this can’t the tin pot town clown work out?

Maybe we just need Alan Jones to find true love?

So Garry Nairn can save the whole bloody Snowy Hoydro but Garry useless Humphries can’t even lets us keep the ability to legislate for ourselves.

Oh for F*&K sake! This debate is about legal equality, not marriage. And anyway, what is the point of us electing a territory government that does not have the statutory right to legislate on behalf of it’s constituents? Pointless, illegal, crass, immoral. Stanhope and co should take it to the High Court.

we can only hope

“The Marriage Act makes it clear that marriage is a union between a man and a woman to exclusion of all others … except if they’re hot?

This centralising, big-taxing, big-spending government makes a mockery of the name “Liberal”.

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