On March 13 the Victorian Legislative Assembly passed a bill to establish a relationships register, which will allow couples, regardless of gender, to be formally recognised under Victorian law. However, concerns have been raised that the proposals contain a number of serious shortcomings.
The bill was foreshadowed by the state government before the 2006 election, and will give registered couples similar entitlements to those currently enjoyed by married couples under state law. It also assists in proving the existence of a relationship for legal purposes.
While the register has been generally welcomed as a step towards full equality for same-sex couples, problems remain with the current proposal. As with the Tasmanian register, which has been operating for over four years, it will not allow for official ceremonies. Nor will it recognise couples registered in other jurisdictions.
Many same-sex couples will be disappointed at not having the option of an official ceremony. Despite strong community support for optional ceremonies, the government's acquiescence to the Christian fundamentalist right will only further the invisibility of same-sex relationships. The ACT attorney-general, Simon Corbell, recognises the importance of celebrating loving relationships with ceremonies — his Victorian counterpart has so far failed to.
The register's neglect of couples registered in other relationship schemes is another disappointment. Couples who have registered in Tasmania, for instance, should be entitled to recognition if they now live in Victoria. Similarly, where one partner is Victorian and the other Tasmanian, there should be no barriers to their registering in Victoria. Clearly this provision was designed to avoid putting pressure on the more recalcitrant states, such as New South Wales, to introduce a register.
Another sticking point is the government's opposition to same-sex adoption rights. Despite last year accepting the Victorian Law Reform Commission's other recommendations for same-sex parenting (IVF, surrogacy, etc.), it stopped short of allowing adoption. Whether it is dealt with in the bill for the register, or in an upcoming bill on IVF, it is imperative that couples aren't left waiting another 10 years for basic adoption rights — as often happens when reform isn't dealt with comprehensively.
The proposed relationships register is due to be debated and voted on in the Legislative Council in April. It is still possible that amendments proposed by minor parties could be approved and incorporated into the final bill. If passed it is likely to begin operation in December.
[John Kloprogge is the spokesperson for Civil Union Action!, a human rights group campaigning for same-sex couples' rights. A sample protest letter to Victorian premier John Brumby can be found at <http://cuaction.blogspot.com>.]