For richer for poorer, in sickness and in health: Should Australia embrace same-sex marriage?

Abstract

In 2004, the Marriage Act 1961 (Cth) was amended to clarify that legal marriage requires a heterosexual union. This article will examine whether this amendment was consistent with the existing state of the common law, legislative trends throughout Australia and current societal values. It will also canvass the legal and social arguments in support of and in opposition to same-sex marriage. Arguments in support of legal same-sex unions based on equality before the law and international obligations will also be discussed. The recent amendments in Australia will then be contrasted with legal reforms in Canada aimed at ensuring that their Federal legislation is consistent with the equality provisions of the Charter of Rights and Freedoms. Finally, an alternative system of relationship registration will be posed as a possible compromise.