The Tasmanian Greens have recently set course on a bill allowing same sex marriage in the state. The Greens’ Nick McKim has tabled the legislation aimed at making Tasmania the first place in Australia to let same-sex couples marry.

However, the Australian Government is expected to not support the move. He says a state-based gay marriage law would be invalid, because the Commonwealth Act only permits marriage between a man and a woman.

Source

Same-sex couples can already record their relationships on a register in Tasmania, but in 2005 the Parliament stopped short of taking the next step to allow marriage.

The Greens’ Nick Mckim will release legal advice today that finds no constitutional barrier to Tasmania introducing same-sex marriage laws. He says, if approved, the legislation could make Tasmania a mecca for same-sex couples wanting to wed.

“This is about tolerance and it’s about respect and those are values that I believe most Tasmanians would share and if we’re fair dinkum about removing discrimination in this state we should give all Tasmanians access to the fundamental institutions of our society, including marriage,” he said.

Mr McKim plans to table a Bill this month.

Rodney Croome, from the Tasmanian Gay and Lesbian Group, has supported the push to extend the rights of heterosexual couples to people in same-sex relationships.

“According to the most recent opinion polls 57 per cent of Australians support same sex marriages, I think it’s time for the two major parties to at least allow a mature community debate on the issue,” he said.

“And I’d be hopeful of some sort of parliamentary inquiry into whether it’s possible to have same-sex marriage in Tasmania.”

The Age reports that Michael Neal, a 49 year old HIV positive man, is in court on allegations that he had unprotected sex at a gay sex venue without telling people he had the virus. The Victorian County Court heard that Neal of the Melbourne suburb of Coburg, was repeatedly advised by Victoria’s health authority of his obligation to practise safe sex and tell his partners of his HIV status.

Despite this, he admitted to Department of Human Resources (DHS) nurse Tom Carter in January 2003 he had been to a sex venue and not used protection. “Mr Neal had not disclosed his status to men at a sex venue. He had not used a condom,” Mr Carter said. “It was a concern to public health.”

The DHS opened a file on Neal in November 2001 when it was first notified about him. Mr Carter said when he first visited Neal in December 2002, Neal said he knew of his obligation to practise safe sex and tell his partners he was HIV positive. Mr Carter said he visited Neal several times to discuss allegations about him having unprotected sex.

But Neal told DHS he only ever had sexual contact with HIV positive people or people aware of his status. He later admitted he had been to a gay sex venue and not used protection.

The court heard in May 2003 that Victoria’s then chief health officer issued a warning letter to Neal accusing him of knowingly and recklessly spreading HIV. The letter recommended he undertake education and counselling. It also warned he may face further restrictions if his behaviour did not change. Mr Carter said Neal told him he understood the letter.

Mr Carter said each time he and his colleagues spoke to Neal they would reinforce the need for him to have safe sex. However on one occasion, in May 2003, Neal said when he had sex at gay “beats” he would ask his partners if they were aware of the implications of unsafe sex. But Mr Carter said he would stop short of telling them he had HIV.

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Australian diver Matthew Mitcham has revealed to the media that he is gay as he prepares for the Beijing Olympics, according to Stuff. 

The gold medal hopeful’s journey has not been easy. Those close to him have seen Mitcham, 20, battle depression, retire in his teenage years after physical and emotional burn-out, then nine months later resume his sport and build himself into the champion he is today.

One person who has been by his side for the entire tumultuous journey is his partner, Lachlan.

Months before from the Games, Mitcham has taken the courageous step of revealing his sexuality to the media for the first time, in an exclusive interview with the Sydney Morning Herald. He has also applied for a grant through a Johnson & Johnson Athlete Family Support Programme to have Lachlan near him in Beijing.

Mitcham thinks he would not be going to the Olympics if not for the hardship he endured.

“I probably wouldn’t have as much of a fighting spirit,” he said. ”The more you have experienced, the more you have to draw off. I look at the last 20 years as a long, winding path of lessons and some hardship. I hope the rest of my life isn’t straight because that could be boring. I hope it continues to wind, but maybe not so tumultuous. I hope I do have a long and winding path and more lessons to learn. I look forward to that.”

Here’s a quick news bit about Mitcham…

Watch another dive here:

(Source)

Last week, the Australian Capital Territory was dealt a severe blow when the federal government halted the territory’s plan for civil unions, threatening to veto it. Without much wiggle room left, the ACT legislature instead passed a law allowing for the registration of same-sex couples, without the ceremony.

The ACT becomes the third of eight Australian states and territories to recognise same-sex partnerships.

In 2004, under former Prime Minister John Howard, federal legislation banning same-sex marriage was passed. Some had hoped that the defeat of Mr Howard and the Liberals in November 2007 and the election of a new Labour government might move the debate about gay marriage forward. The new Labour government, led by PM Kevin Rudd, has moved forward with eliminating discriminatory legislation, but maintains that marriage is only between a man and a woman. 

“It’s playing to the politics of the extreme right religious lobby here in Australia represented by the Australian Christian lobby,” ACT Attorney General Corbell told The Associated Press.

Source: PinkNews

(source)

Queer couples in Australia are on the verge of winning equality in tax, health, superannuation, aged care and other areas as the Federal Government moves to rush through laws to overturn same-sex discrimination. 

The Age believes Attorney-General Robert McClelland will announce today that he will introduce amendments to Parliament as early as next month to alter around 100 federal laws. The changes will not allow gay marriages or same-sex couples to adopt children, and the issue of access to the Family Court for same-sex couples is still being resolved.

Some of the changes would take effect immediately, but many financial laws — such as social security, tax and veterans’ affairs — would be phased in by mid-2009. But first the changes will have to be passed by the Senate, where the Coalition retains its majority until July 1.

Source: The Age

(image is not of the couple in lawsuit)

News.com.au reports that a New South Wales gay couple have won a landmark discrimination case after being banned from becoming foster parents because of their orientation. The unidentified couple took legal action when their application to become foster parents was refused by a welfare agency linked to the Uniting Church. The Australian province’s Administrative Decisions Tribunal ruled that they were “unlawfully discriminated against on the ground of homosexuality”.

The couple was awarded $10000 as compensation for being “deeply hurt, insulted and embarrassed” by the welfare agency’s decision. The Anti-Discrimination Act prohibits unlawful discrimination in the provision of services on the grounds of homosexuality and marital status. Gay couples are legally allowed to become foster carers in NSW but the agency defended its decision by arguing it was exempt from the Anti-Discrimination Act on religious grounds.

The tribunal refused a request by the couple for a public apology but ordered the welfare agency to review its policy on homosexual foster carers and “take all necessary steps to eliminate unlawful discrimination on the ground of homosexuality in the facilitation and provision of its foster care services”.