Certificates of No Impediment a De-facto Green Light for Aust Same-sex Marriage
Catholic Communications, Sydney Archdiocese,
1 Feb 2012
Marriage in Australia Means a Union
Between a Man and a Woman
Newly appointed Attorney General, Nicola Roxon has abdicated her responsibility to uphold the laws of Australia with her decision to allow same-sex couples certificates of no impediment which will allow them to marry in countries where same sex marriages are legal, says Chris Meney, Director of the Archdiocese of Sydney's Life, Marriage and Family Centre.
As from today, 1 February, same-sex partners in Australia can apply for certificates confirming there is no legal impediment to them taking part in a marriage ceremony. In some countries, foreign nations are required to produce a certificate of no impediment of marriage issued by the country in which they hold citizenship. But until now, Australia has issued such certificates to heterosexuals only.
But four days ago, Attorney General Roxon announced her decision to grant same sex couples the right to these certificates if they wish to marry overseas.
"This important change will allow same-sex couples to take part in overseas marriage ceremonies," she said, despite the fact same sex marriages performed in countries where such marriages are legalare not recognised as marriages in Australia.
Chris Meney, Director of Life,
Marriage and Family Centre
For example in Portugal, Spain, Norway and South Africa, whether the marriage is between a same sex or a heterosexual couple, the pair must produce a certificate of no impediment that proves they are at least 18 years old, not already married and that there is no other barrier to the marriage.
"It is deeply regrettable that the highest law office in Australia should make such a decision which undermines her own country's law on marriage," Chris Meney says. "Our law expresses the enduring convictions and values of the Australian people, recognising that marriage is uniquely the union between a man and a woman, designed to produce children and family."
He describes the Attorney General's decision as a "sad abdication" of her responsibility.
"Once governments arbitrarily act to redefine marriage to include another kind of relationship, they provide easy grounds for those who wish to recognise a whole variety of other relationships as 'marriages'," he warns.
Although Prime Minister Julia Gillard went to the last election pledging that the Marriage Act would not be changed to legalise same-sex marriage, the national Labor Conference in December voted for changes to allow same sex marriages with the Prime Minister allowing a conscience vote on the issue when Parliament returns next week.
MP Stephen Jones intends
to bring private members bill
legalising same sex marriage
This decision followed the 2011 Census in August last year when there was outrage among much of the population when it was discovered that for the first time question categories offered options permitting same-sex couples as well as heterosexual couples to respond as either "husband/wife" or "defacto."
"This was very concerning as the accuracy and value of information about marriage will be muddied by interpretations of men who deem themselves 'wives' and women who regard themselves as 'husbands,'" Mr Meney says.
He strongly believes there is a real danger to society when the instruments of good government such as the Census, respond to the "vested interest of select groups."
Although same-sex couples make up little more than 3%, same-sex marriage has become a major issue for the Gillard Government and when Parliament returns next week, Labor MP Stephen Jones' plans to bring a private members bill for the legalisation of same-sex marriage before the House.
New York legalised same sex marriages in July this year
Opposition Leader, Tony Abbott has already ruled out giving Coalition MPs a conscience vote, saying it would break the two parties' election commitment that marriage was between a man and a woman.
Prime Minister Julia Gillard has insisted she believes marriage should only be between a man and a woman and has voiced her opposition to changing the Marriage Act to legalise same-sex marriages. But her word is no longer trusted in the wider electorate and earlier this week, the influential Australian Christian Lobby (ACL) politically and publicly endorsed Tony Abbott and the Coalition for their "integrity" on traditional marriage.
Accusing the Greens and Labor's Left of wanting to "destroy the sacred meaning of marriage," ACL managing director, Jim Wallace said the Gillard government had broken key election promises in "quick succession" including the Prime Minister's undertaking to the nation's churches before the last federal election that Labor would not support same-sex marriage.
Attorney General's decision is an
abdication of her responsibility
- Chris Meney
Among promises broken, he cited Julia Gillard's no-carbon tax pledge and her written promise to introduce pre-commitment legislation to assist poker machine addicts by May this year.
"Prior to the last election Ms Gillard unequivocally committed herself and Labor to defending the Marriage Act, and she also confirmed the chaplaincy program would not be secularised," he said.
The chaplaincy program has since been secularised and same-sex marriage legislation has been endorsed by the Labor Party.
But it is not only Australian churches and the ACL voicing their concern about changing the marriage act. Other faiths are also against legalising same-sex marriage.
Federal legislation has been altered substantially over the past few decades and today, same-sex couples in Australia enjoy the same legal rights as de facto couples in terms of access and entitlements. But for many Australians same-sex marriage is one step too far.
"Our law expresses the enduring convictions and values of the Australian people, recognising that marriage is uniquely the union of a man and a woman, designed to produce children and family," says Chris Meney and is convinced that for most Australians this is what marriage means to them and how it should remain.
