The Age - "Same Sex and the City" by Kenneth Nguyen

Melbourne City Council has dipped its toe into the legal minefield of gay civil unions. As Kenneth Nguyen discovered, it may prove a catalyst for change across the state.

Brendan Parker didn't expect to find love at work. As he quips drily, "You don't come across a gay accountant very often."

He got lucky. Three years ago, while doing contract work, Parker met Timothy Dart. Today, the two accountants, 27 and 26 respectively, are still in love, sharing their relationship, their home in South Yarra and their place of employment.

Indeed, the two are so in love that, while in Canada recently, they considered getting married. Ultimately, they decided against taking the big step there: not because of their relationship, but because, as Parker says, the wedding process "is not just about the pen and paper. It's really about sharing it with your family and friends - so unless they could all go to Montreal, it just doesn't really work."

But of course, the state and federal laws governing Victoria, where the couple's family and friends live, offer no official recognition of gay unions.

The Melbourne City Council, however, is on the verge of striking out on its own, giving small recognition to same-sex couples. In November, deputy mayor Gary Singer and councillor Fraser Brindley successfully obtained in-principle support - albeit via a narrow 5-4 vote - for the council to set up a Relationships Declaration Register. A discussion model for the register was released last week. If it goes ahead, the register would be a Victorian first.

Brindley, who entered council in November 2004, was motivated to set up the register because of government inaction.

"It is entirely out of frustration with the state and federal governments that we are doing this," he says. "I was hoping that in the ensuing two years we would get some action... It's essentially an issue of equality: some members of the community are not being afforded the same rights and status as others, and that's an injustice in my mind."

The register is perhaps minor in terms of its practical import. Signing it will not give same-sex couples the legal rights enjoyed by married couples: city councils simply do not have that sort of power. But registration will give same-sex partners, and indeed heterosexual partners, independently documented evidence of their relationship: this could be used in legal proceedings where "domestic partners" have rights, such as for inheritances and, if the relationship fails, in the division of property.

More significant would be the symbolism of the register. Victorian Gay and Lesbian Rights Lobby co-convener Gerard Brody says the register would "enable couples to have their relationships recognised in a formal way".

Last Tuesday night, councillors heard why that was important. Its community service committee had tabled the register for discussion. Among those who made a submission were Rodney Cruise and his partner Jeff Chiang, who were there with their son Ethan.

"When Ethan grows up we want him to see that his family is real," Cruise told the meeting. "How do you explain to your son that, 'Yes, your grandpa and grandma are married, but your fathers are not'? "This relationship register is a start. It is a way of telling Ethan that, 'Yes, we are a family '."

That recognition would be of a scale unknown to gay people in Australia outside Sydney, which has a similar registration scheme, and Tasmania, which has a more comprehensive scheme that confers spousal rights on same-sex registrants. Given homosexuality's tough history in this country, it is not hard to see why many gay people are seeking such recognition. As Parker says, "It just feels good to have something behind you."

Naturally, though, the scheme has drawn opposition from those who regard homosexuality as immoral. Christian group Salt Shakers has led the most high-profi le campaign against the proposal, and also attended last week's meeting.

"We oppose the normalisation of homosexuality," Salt Shakers chief executive Peter Stokes explains, before drawing an analogy between prostitution laws and homosexuality laws.

"Before they legalised prostitution, there were 50 brothels throughout Victoria. But now we have something like 500... When you legalise something, you automatically give it a stamp of approval. Therefore, any recognition of same-sex relationships, whether it be by councils or governments, is going to give that relationship type a stamp of approval."

Stokes also argues that few gay people are seeking recognition of their relationships, citing relatively low numbers of registrations in Sydney and Tasmania.

Many prominent gay figures, including High Court judge Michael Kirby and author Robert Dessaix, have said they have little interest in obtaining official recognition of their relationships. But Kirby says that the lack of interest is not a reason to prohibit gay marriage as an institution.

"The issue is not whether marriage is wanted by everyone," Kirby said in a speech last year, "but whether... it should be available to all citizens who feel the need for that form of public affirmation of their relationship, or only to some who exhibit certain features of their sexual life that are deemed acceptable."

Clearly, gay rights opponents and advocates disagree on much. What they would agree on, however, is that the Melbourne City Council's registration scheme is just a first step for gay rights on the path to comprehensive recognition of same-sex relationships. First come the changes at a local government level; then at the state level, through the recognition of civil partnerships or unions; and finally, in the federal arena, through the recognition of civil unions or same-sex marriages. So goes the plan.

Already, it appears that the Melbourne City Council proposal is sparking change among other councils. The City of Yarra has backed a partnership registration scheme for its residents, while the Manningham, Stonnington and Port Phillip councils are also reported to be considering it.

Intriguingly, gay rights advocates are starting to see signs that the State Government - which has rejected their advances for more than seven years - might also be open to giving official recognition to same-sex relationships. Throughout most of last year, the State Government rebuffed attempts by Liberal-turned-independent MP Andrew Olexander to bring a private member's bill that would have given recognition to gay civil unions.

But later in the year, the Victorian Gay and Lesbian Rights Lobby started to enjoy a degree of dialogue with state MPs. Two members of the lobby met with the members for Richmond and Prahran, Richard Wynne and Tony Lupton, to discuss the possibility of a Tasmanian-style partnership registration program that could confer legal rights on same-sex couples.

Last week, Brody - the lobby's co-convener - was scheduled to again meet with Lupton, as well as the parliamentary secretary for justice, Jenny Mikakos, and the parliamentary secretary for education, Fiona Richardson.

The official line from the Government now runs: "We have ongoing discussions with the gay and lesbian community about ways of further implementing equality and those discussions will continue." Brody sounds encouraged by the tone of discussions so far. "I'm optimistic about what will happen this year and that they will move forward on this issue," he says.

If the Bracks Government comes to the gay lobby's party, the resulting legislation would seem to stand a good chance of passing the 40-seat Upper House. There, the ALP has 19 seats and the traditionally gay-friendly Greens have three seats.

Meanwhile, Liberal leader Ted Baillieu has promised his MPs a conscience vote on the issue if it is raised in Parliament, and Democratic Labor Party MP Peter Kavanagh has expressed a willingness to discuss gay civil unions "providing there is a special status retained for marriage".

But many questions remain. If moves are made, then what legal rights would be conferred, and would the recognition of same-sex couples require a ceremony or simply registration via an application form?

The last of these questions has been controversial. In Tasmania, same-sex couples achieve legal recognition by lodging an application form with a government authority. But when the ACT Government asked its gay and lesbian constituents what they wanted from a civil union or civil partnership scheme, many insisted upon a ceremonial aspect, occasionally in what might be regarded as impolitic terms.

"Registration is for dogs," said one ACT activist on television. The territory ended up including a ceremonial aspect in its Civil Partnerships Bill. (Couples would have been required to make a declaration in front of a civil partnerships notary and a witness.) That, however, wound up being the death of the bill. On February 7, the Federal Government declared that it would disallow the bill if it was passed, citing an objection to the provision for a formal ceremony.

"What it's doing is equating (same-sex partnership) with marriage," federal Attorney- General Philip Ruddock said. "To put in place arrangements which give you what purports to be, to all intents and purposes, a marriage undermines that institution."

Despite this, in the broader community there is growing support for civil union laws, especially among younger citizens. In an ACNielsen poll published in The Age last year, 45 per cent of respondents supported an ACT predecessor to the Civil Partnerships Bill that would have allowed gay civil unions, while 34 per cent opposed it.

It is a figure that would encourage Parker and Dart. In the meantime - in the absence of a more comprehensive gay civil unions law - the couple are ready to sign a relationship register.

THE COUNCIL PROPOSAL
Same-sex couples will be able to register their relationship with the City of Melbourne. Registration will not confer rights but may constitute evidence of a relationship in legal proceedings.
WHO RECOGNISES SAME-SEX RELATIONSHIPS?
TASMANIA Same-sex couples can register their relationship with the Tasmanian Office of Births, Deaths and Marriages. Registration gives couples immediate access to relationship rights, regardless of such factors as the duration of the relationship, financial interdependence or cohabitation. Only registered partners may adopt, or be presumed to be the parents of, children born to their partners from fertility treatments.
SYDNEY Same-sex couples can register their relationship with the City of Sydney. Registration does not confer rights but may constitute evidence of a relationship in legal proceedings.
OVERSEAS
- Same-sex marriage is allowed in jurisdictions including Canada, the Netherlands, Belgium, South Africa, Spain and Massachusetts (US).
- Same-sex civil unions or partnerships are recognised in jurisdictions including Britain, Denmark, Sweden, Norway, Finland, Iceland, New Zealand, France, Germany, Austria, Hungary, Portugal, Vermont (US) and Connecticut (US).

[Link: Original Article]

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Herald Sun - "McKenny, Friend to start a family" by Ros Reines

DANCING with the Stars judge Todd McKenney is fathering an IVF baby with his best friend. The gay dance guru will become a father at the end of May.

And he plans to be a hands-on dad.

"I'm absolutely thrilled," he told the Sunday Herald Sun.

"This is something that we had talked about for 20 years, but I just wanted to be sure that the conditions were right.

"I wanted to be sure that I was financially secure enough to look after the child and also emotionally secure enough to take on the important role of fatherhood."

It was shortly after his 40th birthday in May 2005 that McKenney decided that all these key elements were aligning, thanks to his success on Dancing with the Stars and he contacted his single friend in Melbourne to ask whether she was still interested.

"She immediately said 'Yes'," he confides, "because it was also the right time for her."

The pair underwent rigorous IVF counselling to ensure the decision they had made was not one that had been taken lightly.

It also took well over a year for her to become pregnant.

"We have gone into this with our eyes wide open," he says.

McKenney does not know the gender of the baby, but says his whole family is elated by the prospect of welcoming the child.

His sister has three children and his mother can't wait to add another grandchild to the mix.

"The baby will be born in Melbourne and I currently work in Melbourne, but live in Sydney -- so I will probably move down there to be closer to the child."

According to McKenney, he and his best friend will share the parenting role, though as yet they have not decided on the logistics.

"I don't think that we will all live together, but I will be close," he insists.

McKenney says that he has wanted to be a father for as long as he can remember.

"I have always loved children," he explains, "especially growing up in dancing schools where I was surrounded by 400 of them. It feels as though children have always been part of my life."

McKenney is reticent to name the woman who is carrying his child because he wants to protect her privacy.

However, he admits she is also involved in showbusiness.

Throughout each of the six series of Dancing with the Stars, McKenney has cemented his reputation as one of the most controversial judges.

He has had famous stoushes with various female identities including Nikki Webster, Kate Langbroek and most recently Arianne Caoili.

[Link: Original Article]

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Family Court of Australia - R & J and Anor [2006] FamCA 1398

FAMILY LAW - CHILDREN - Application by father as donor for contact to child born of artificial insemination - Child living with mother and co- parent in same-sex union - Bitterly contested applications resolved with defining of "family" and role of the donor in these circumstances - Observations made concerning status of known sperm donor and impact upon children of enduring conflict between parents - Order for costs in favour of the Independent Children's Lawyer refused.

[Link: Court Decision]

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Sociology - "Stigma or respect: lesbian-parented families negotiating school settings" by Lindsay, Jo; Perlesz, Amaryll; Brown, Rhonda; McNair, Ruth;

Qualitative family interviews were conducted with lesbian parented families in Melbourne to explore the dialectic between schools and families. While in many schools family members were stigmatised and burdened by secrecy and fear about their family configuration, there was a significant minority who felt respected and supported in their school environments, finding acceptance socially and within the curriculum. The contextual factors, including location and family formation, are discussed, and opportunities for change are identified.

[Source: Sociology v.40 no.6 Dec 2006: 1059-1077]

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The Age - "Our state's moral sidestep" by Carol Nadar

IN THE old city watchhouse, a group of people converged one night last month to talk about abortion. Invitations went out to every member of State Parliament. Some did not respond. Some sent excuses. Only one turned up.

The forum was organised by Reproductive Choice Australia, a group lobbying the political parties to decriminalise abortion. The trouble is that right now in Victoria, two weeks away from an election, politicians don't much want to talk about tricky, sensitive issues such as abortion.

Apart from two Greens candidates, the one sitting member of Parliament who did attend was retiring Labor MP Carolyn Hirsh — who only months ago was considering moving a private member's bill to remove abortion from the Crimes Act. Her attempts were soon shut down by Premier Steve Bracks' spin doctors.

Abortion is just one of the moral issues that politicians have been avoiding, and that Bracks has deferred making decisions on, in the lead-up to the election.

Bracks and Opposition Leader Ted Baillieu have told voters what they intend to do about stamp duty, hospitals, schools and transport. But when Victorians cast their vote on November 25, they will be uncertain about whether a Bracks or Baillieu government would decriminalise abortion, make IVF available to single women and lesbians or remove the barriers that make surrogacy virtually impossible in this state. The Greens are the only party willing to show their hand on abortion, declaring it should be decriminalised.

While Victoria has been leading the push in some ethically fraught areas such as stem cell research, it remains one of the most conservative states when it comes to regulation of women's reproductivity. Despite being widely available, abortion remains technically part of the Crimes Act — even though the state Labor Party has decriminalisation as part of its policy platform. And when it comes to issues such as IVF and, recently and publicly, surrogacy, Victoria is far behind NSW.

Lesbians for years have been crossing the border to Albury to fulfil their dream of having a baby. And this week, Labor senator Stephen Conroy revealed that he and his wife, who could not conceive naturally, had left their home state of Victoria to organise for a friend to be their surrogate. The baby was conceived using Conroy's sperm and another woman's eggs and the resulting embryo was implanted into the surrogate.

Surrogacy can help women who have a damaged uterus or can't manage a pregnancy for health reasons. But in Victoria, the law makes it so difficult as to be nearly impossible for couples to enter surrogacy arrangements. Victorian law requires the surrogate herself to be infertile. NSW has no such restrictions.

Many gay Australian men now head to the US, where surrogacy is big business, spending sometimes tens of thousands of dollars to produce a baby.

State Opposition Leader Ted Baillieu this week called for a uniform national approach to surrogacy laws, and said the "state hopping" needed to end. Bracks — along with Health Minister Bronwyn Pike and Opposition health spokeswoman Helen Shardey — will only say he is waiting for a final report by the Victorian Law Reform Commission, which is investigating the issue. The commission has already released draft recommendations describing the law as "irrational" and urging the Government to clarify it. It is not due to table its final report in Parliament until early next year.

The commission has also released a draft report on access to IVF, recommending that single women and lesbians should be granted access to fertility treatment, regardless of whether or not they are medically infertile. Victorian laws now restrict most fertile women from this treatment. While Pike says, rather vaguely, that she is in favour of "equal opportunity legislation", the Government has repeatedly refused to comment on IVF access, again using the final report's completion as an excuse.

Baillieu says he believes IVF should be solely between a man and a woman, although he hasn't said whether those views would hinder a debate on the issue if he were premier.

Victoria was one of the first places in the world to introduce IVF technology and was quick to legislate. As a result though, regulation in Victoria is more restrictive than in other jurisdictions such as NSW and the ACT.

Monash University senior lecture in politics Nick Economou does not believe moral issues are a vote swinger. They're issues that tend to be of concern to a small but noisy minority.

"State politics revolves around financial management, major programs, infrastructure. This stuff about morality politics is the preoccupation of the people actually getting into Parliament.

"This is not a matter that so much has the potential to cause big problems in the electorate," he says. "It's something that has the potential to cause big problems in the major parties."

When Pike, who is pro-choice, controversially decided to impose 48-hour cooling-off periods for women seeking late-term abortions last year, the backlash from pro-choice politicians within her own party was swift and fierce. Women in her own party openly criticised her. She was quickly forced to retreat. No one within Labor would want to make a similar mistake now.

"There is great potential for these sorts of morality issues to divide parliamentary parties," Economou says. "You don't have to have a large number of people prepared to depart from their colleagues to cause a problem. This is the reason why we're seeing an increase in conscience voting in the Federal Parliament, because (Prime Minister John) Howard has exactly the same problem. His party has a division between hardline social conservatives and small "l" liberals."

But whether politicians like it or not, these ethically fraught issues won't go away. The fact that there have been two conscience votes in Federal Parliament this year — on the abortion drug RU486 and stem cells — demonstrates that.

Many quietly suspect that Bracks will allow a conscience vote on decriminalising abortion after November 25, although he hasn't said this.

Medical ethicist Leslie Cannold, a member of Reproductive Choice Australia, believes that by not telling people what his intentions are, Bracks is going for the lowest risk option. As she puts it, he is essentially saying, "Don't worry your pretty little head about it."

Economou says if Bracks and Baillieu make it clear where they stand on issues, it would strengthen their position if they end up governing. "Sometimes the government hand is made stronger in policy debates if they raise issues in an election campaign and then they can claim a mandate for them," he says.

When ACT politician Wayne Berry flagged his intention during an election campaign to put up a private member's bill in the territory to decriminalise abortion in 2001, he found it actually helped him get re-elected. Despite being targeted by the right-to-life lobby, he says he earned the respect of his constituents by telling them what his plans were. "Overwhelmingly, my experience has been that people in the community oppose criminal sanctions for abortion," he says. His bill passed in 2002.

The ACT remains the only region where abortion has been fully decriminalised, although each state has provisions for the procedure to be performed if the mother's mental or physical health is at risk.

Carolyn Hirsh is still hopeful that what she started might be accomplished. "I'm hoping that both parties after the election will act on these very important issues."

In Victoria, the Government has managed, if anything, to unite the warring parties in the abortion debate in their frustration at its non-stance. "If they were proud of what their intentions were, they would tell us," says Denise Cameron, president of Pro-Life Victoria, a member of the Coalition Against the Decriminalisation of Abortion. "Why the reticence? Why the coyness?"

The pro-life lobby have been taking their anti-decriminalisation message to the steps of Parliament, dropping leaflets in letterboxes in several electorates — including those of Bracks and Attorney-General Rob Hulls — and taking out huge advertisements in newspapers.

Leslie Cannold says she just wants the parties to be frank about what they are offering.

"The question is not how do you personally feel in your heart of hearts. The question is if you have power, what would you do on this issue?" she says. "That's what I think voters are entitled to know, on the abortion issue and on every issue."
ABORTION: THE LAWS

VICTORIA Can be done under Menhennitt ruling if risk to woman's physical or mental health.

ACT In the Health Act, cooling off period 72 hours after counselling.

NSW Lawful if there is danger to a woman's physical or mental health.

QLD Lawful if for the preservation of the woman's life.

SA Must be approved by two doctors, unless it is necessary for woman's health or to save her life.

WA Doctor can be guilty of an offence unless abortion is performed in good faith and with reasonable care and justified so that woman has freely given informed consent or has social, personal or medical reasons.

NT Up to 14 weeks permitted on grounds of maternal health or foetal disability.

TASMANIA Two doctors must certify that the pregnancy would risk the woman's health.

SOURCE: ABORTION AND THE LAW IN AUSTRALIA,

AUSTRALIAN FAMILY PHYSICIAN, NOVEMBER 2006

Carol Nader is The Age's health reporter.


[Link: Original Article]

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Law Institute Journal - Minority Groups Ignored by New Family Laws" by Harriet Morley

Children of same sex couples and cross border relationships have been forgotten in the new family law changes. This article points out that there is a significant number of children growing up with same sex parents, and argues that their interests should be recognised. It also examines the way the Family Law Amendment (Shared Parental Responsibility) Act treats separating families when the parents come from different countries.

[Source: Law Institute Journal v.80 no.10 Oct 2006: 20-21]

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Sydney Star Observer - "Celebrating Gay Dads' Day" by Ian Gould

A GROUP OF NSW GAY DADS WILL CELEBRATE FAMILY AND IMPROVE VISIBILITY THIS FATHER’S DAY WEEKEND.

When Reymon Leglise and his three children attend a picnic in Centennial Park with friends this Saturday, they’ll be just another group celebrating the Father’s Day weekend.

But they also hope to increase the profile of gay fathers and their children, as prejudice against some gay men who choose to have kids persists.

Leglise runs Gay Dads And their Young (GDAY), a social group he set up two years ago to support fathers like himself.

“The biggest challenge has been if you’re gay and you have children, you’re instantly classified as being a pedophile, which is quite an ugly stereotype to be faced with,” he said.

“But I’ve found with time a lot of people are starting to come around as well. They’re realising now that [we’re] simply dads with their children, same as every other family.”

GDAY now has about 20 families and includes around 30 kids.

“Something which surprised me was the diversity of some of the fathers,” Leglise, a father of three children from a past heterosexual relationship, said.

“In the group now we have dads who were originally donor dads, we have foster dads and we’ve also got a couple from England who adopted their two children before coming to Australia.”

Dom Gili, another gay dad and convenor of the Gay Dads NSW information and support group, agrees the gay fathers events are helping improve visibility.

Gay Dads NSW is co-organising this Saturday’s picnic with GDAY. They are expecting more than 20 families on the day.

“I’ve heard a lot of dads say that their biggest regret in coming out is that they thought that they were giving up the opportunity of having kids,” Gili told the Star.

“We’re showing gay men that that opportunity still exists. That’s not something they have to give up in coming out.”

After the picnic Leglise and Gili plan to celebrate Father’s Day on Sunday at home with their respective children, just like dads across the country.

“Hopefully I’ll get breakfast in bed,” Leglise said.

info

The GDAY/ Gay Dads NSW picnic is on Saturday 2 September in Centennial Park from 2pm to 5pm. For more information email monny_l@bigpond.com or info@gaydadsnsw.com.au.

[Link: Original Article]

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