What Are Same Sex Denied Rights?

Identifying Discrimination

In the discussion of equal rights, the question “What rights are same sex denied rights?” is crucial.

Despite progress in legislation, same-sex couples continue to face discrimination, particularly in financial and work-related entitlements.

This issue can extend to their children, affecting their well-being and access to resources.

🔑 Key Takeaway: Discrimination against same-sex couples predominantly exists in financial and work-related areas, impacting their daily lives and the lives of their children.

The Extent of Discrimination in Australia: What Are Same Sex Denied Rights?

In Australia, approximately 20,000 same-sex couples face systematic discrimination daily. This discrimination manifests in various forms:

1. Financial and Work-Related Entitlements: Same-sex couples can receive fewer leave entitlements and fewer tax concessions compared to opposite-sex couples.
2. Superannuation and Death Benefits: The partners of federal government employees and defense force veterans in same-sex relationships can be denied certain benefits.
3. Children’s Rights: Around 20% of lesbian couples and 5% of gay male couples in Australia are raising children, who also face the repercussions of these disparities.

🔑 Key Takeaway: Same-sex couples in Australia are systematically denied basic entitlements, affecting various aspects of their lives, including healthcare, financial security, and family welfare.

Also read: Where Can Same Sex Couples Get Married Abroad

Rights Of Gay Marriage and Gay Divorce in Australia

Gay Marriage Rights

Legalisation and Recognition: Same-sex marriage has been legal in Australia since December 9, 2017, following the passing of the Marriage Amendment (Definition and Religious Freedoms) Act 2017.

This legislation amended the definition of marriage in Australia to the union of “2 people”, irrespective of their sex, and allowed for the immediate recognition of overseas same-sex marriages​​.

De Facto Relationships: Apart from marriage, same-sex couples can also be recognised under federal law as de facto relationships.

These relationships grant de-facto couples most of the same rights and responsibilities as married couples.

However, it’s noteworthy that these rights might be challenging to assert and are not always recognised in practice.

Additionally, most Australian states and territories have legislated for civil unions or domestic partnership registries, which are recognised as de facto relationships under federal law​​.

Differences in De Facto and Married Couples’ Rights: There are some legal differences in the treatment of couples in a de facto relationship compared to married couples.

These differences mainly relate to family law matters such as property settlements and entitlements to spousal maintenance.

For de facto couples, certain conditions must be met for the court to make an order for property settlement or spousal maintenance.

Gay Divorce Rights

Equal Treatment Under the Law: Since the legalisation of same-sex marriage, parties to same-sex marriage have the same rights as parties to heterosexual marriages under the Family Law Act 1975.

Divorce Process and Considerations: The key considerations for same-sex divorces in Australia are similar to those for heterosexual marriages. These include:

• The requirement of being separated for at least 12 months before filing a divorce application.
• The ability to make an application for property settlement or spousal maintenance at any time, including well before filing for divorce and up to one year after the divorce has taken effect.
• The option to apply for a divorce order, whether both parties agree or only one does.
• The operation of a no-fault divorce process, where the court does not consider the circumstances surrounding the marriage breakdown​​.

Financial Agreements: Same-sex couples have the same rights as other couples to enter into Binding Financial Agreements before marriage, often referred to as “prenups.” This allows them to amicably negotiate and resolve financial matters, ensuring their agreement is legally binding​​.

Seeking Legal Assistance

The consistent theme across these points is the need for legal and societal change. Amending definitions in existing laws can remove discrimination against same-sex couples, ensuring equal treatment and protection under the law.

This change is not just a legal necessity but a moral imperative to uphold the dignity and rights of all individuals, regardless of their sexual orientation.

If you have questions or are facing complexities related to same-sex marriage or de facto relationship rights in the context of family law, it’s highly advisable to seek legal assistance. Consulting with a qualified solicitor can provide clarity and guidance, ensuring that your rights and interests are properly represented and protected.

Hayder Shkara

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.