Following new legislation in Britain that allows same-sex couples to have their unions legally recognised, British citizens in Australia in gay or lesbian relationships will be able to register their relationship at British high commission offices around the country.
Only one member of the couple needs to be a British citizen.
The High Commission is hailing the move as a "major milestone" towards equality for gay and lesbian British nationals. But while the union will be recognised under British law, it will not be legally recognised in Australia federally.
Tasmania is the only
Australian state where
same-sex couples can
register their relationships
and have legal rights.
The ACT is also working towards introducing legislation, expected to be tabled early this year, for civil unions for same-sex and heterosexual couples.
Peter Furness, convener of Australian Marriage Equality, said Australia's position on the issue was "just plain old-fashioned discrimination".
"It certainly shows how silly the Australian position is becoming that you can go and enter into a UK marriage in a consulate here in Sydney or somewhere else in Australia, but the second you walk on to the footpath, the marriage is no longer recognised," he said.
"I know couples who are going overseas, who are turning their back on Australia, who have had enough."
A spokesman for the British high commission in Canberra said it had already had inquiries about the civil partnerships and was expecting the first registration to take place in Sydney next month.
"All of our offices through Australia are geared up now to take this on," he said. "We're ready to start."
David Scamell, from the NSW Gay and Lesbian Rights Lobby, said the expected registration next month would be the first same-sex union to take place in mainland Australia that would have legal rights, albeit in another country.
"It's another step," Mr Scamell said. "I think it's important that it will allow same-sex couples in Australia, if they have a British partner, to have a ceremony in Australia. Unfortunately, it will have no legal recognition in Australia."
Mr Scamell said a delegation would head for Canberra next month seeking a meeting with Federal Attorney-General Philip Ruddock over the issue.
"We will be raising the whole farce that Australian citizens can be married in their own country but it won't be recognised," he said.
Under the new British laws, civil same-sex partners registered with the British Government will have equal treatment with their heterosexual counterparts for matters such as employment benefits, tax, child support, the ability to apply for parental responsibility for a civil partner's child, recognition for immigration and nationality purposes and most state and occupational pension benefits.
Professor George Williams,
from the School of Law at
the University of NSW, said
laws would need to be
enacted at state and
territory or federal level
to have such arrangements
recognised here.
Case 1: Vicky and Louise
Photo: Fiona-Lee Quimby
Vicky and Louise are looking forward to January 2007 when they will finally have their union legally recognised. And even if it is not by their country of residence, it will at least give the Sydney couple a chance to publicly declare their feelings for each other.
Vicky, who arrived in Australia from Britain in June 2003 as a permanent resident, and Louise have been together since meeting in February 2004. The couple had planned to go back to the UK to be registered, but after finding out it could be done at the British High Commission here, they are planning to be registered in Sydney next January. "I think it's great," Vicky said.
"We can actually stand up in front of our friends and family and declare that we are in love."
But Louise said it was upsetting and disappointing their union would not be recognised by the Australian Government.
"We don't want anything different than any other couple," she said.
Case Study 2:
Sharon and
Elaine
Photo: Paul
Harries
Sharon Dane, who has been with her partner Elaine Crump for almost five years, said while the new laws that allow the couple to have their union registered by their country of origin was exciting, it was more of a relief.
"It's something that you feel you're not able to do and then somebody suddenly says yes, it's a great relief, rather than exciting," Ms Dane said.
Both moved to Australia from the UK independently when they were in their teens, and, while both have dual citizenship with the UK and Australia, Ms Dane said they identified themselves as Australian. But as they could not get legal recognition as a couple in Australia, the couple, who live in Brisbane, have embraced the chance to use the other "half of our passports" to have their union registered in at least one country.
"We've got some recognition with half of our citizenship," Ms Dane said.
Ms Dane
said they saw it as "another step" to
receive rights as heterosexual couples
in their country of residence.
For information on entering a UK Civil Partnership here in Australia, see: http://bhc.britaus.net/News/newsdefault.asp?id=675