Same Sex Marriage a controversial issues and is one that has been under constant debate for several years to whether it should be legalised. Currently, same sex marriage is prohibited in Australia under Marriage Act 1961 (cth). Over the course of 30 years, rights and recognition of same sex couples has increases dramatically as acceptance and views of society have changed making this such a contemporary issue. The rapid change in favor of same sex couples will back the prediction that same sex marriage will not be far way. Only recently has same sex couples been given recognition under the law. Before 1984, same sex couple were excluded from almost every law in Australia that accorded rights and responsibilities to people based upon their relationship and it wasn’t until the De Facto Relationship Act 1984 (NSW) was passed that non married couples have the same rights as married partners. A de facto relationship is couples that are not legally married but living together in a committed relationship. This act includes laws covering property division, maintenance, financial agreements and the superannuation. It was amended and renamed in 1999 to the Property (Relationship) Legislation Amendment Act 1999 (NSW). It reformed a large number of existing laws to include Same Sex Couples including family provision, intestacy, accident compensation and decision making during illness or after death. Same Sex relationships rights have continued to develop with the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (NSW) being passed, which provided female same sex parents the same legal rights as opposite-sex parents in regards of children. The introduction of the Adoption Act 2000 (NSW) is a prime example of this demonstrating same sex couples have the same right as married couples to adopt children. The Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 also amended pieces of the Anti-Discrimination Act 1997 (NSW) making it illegal to discriminated...
Bibliography: Brassil, B. &. (2011). Excel HSC Legal Studies. (S. cairns, Ed.) Glebe, Nsw, Australia: Vivienne Joannou.
Please join StudyMode to read the full document