Law change to block gay marriages

The Australian, Monday 26th April, 2004

JOHN Howard plans a radical overhaul of the marriage act to defend traditional families and stop Australian courts recognizing foreign gay unions.

The move echoes George W. Bush's election-year campaign to ban same- sex marriages in the US.

The Australian understands the reforms approved by federal cabinet would entrench the commonwealth's power to protect heterosexual marriage from changes by the states and territories and prevent gay couples from gaining recognition of their unions by marrying in countries such as Canada or Denmark.But the proposed amendments to the 1961 Marriage Act could spark a culture and values war between the socially conservative Prime Minister and Labor leader Mark Latham.

Mr Latham has backed legal equality for gay couples in superannuating and other entitlements but the ALP is split on the legitimacy of gay marriage.

Under the Howard reforms, marriage would be defined in legislation as between a man and a woman: in the past it had been assumed marriage was a heterosexual union.

Lobby groups have failed in their push for a redefinition of marriage to include a biological requirement.

In its cabinet submission the Australian ian Family Association argued that only men with male chromosomes, gonads and genitals, and women with female chromosomes, gonads and genitals should be allowed to marry — a requirement that would effectively prohibit transsexual couples from marrying-

Mr Howard set up a cabinet task force including Attorney-General Philip Ruddock, Immigration Minister Amanda Vanstone and Employment and Workplace Relations Minister Kevin Andrews to examine the reforms.

Mr Ruddock is believed to have argued against the strict biological definition of men an women.

Family Association spokesperson Damien Tudehope said Coalition support for the amendments would constitute a "serious victory for protection of'
marriage and the value of marriage".It's a challenge to both political parties," Mr Tudehope said.

In a federal election year, Mr Howard will face a Labor Opposition struggling to balance the concerns of its Catholic and social traditionalist wing with left-wing groups such as Rainbow Labor that are pushing for legal recognition for homosexual unions.

The push to defend traditional marriage follows international developments in Ontario, Canada, and Massachusetts in the US permitting marriage between homosexuals.

In Australia in February a Family Court decided to include psychological and social factors in the test for whether a person was a man or a woman, opening the way for transsexual marriages. Critics said the loose test for gender left the door open to gay marriages where one partner identified as a "husband" or "wife", even if neither partner was transsexual.