How do laws discriminate?
Society recognises human relationships and attributes to them a range of rights, benefits and responsibilities. Many of these are contained in various laws.
Couples may avail themselves of these benefits and rights by being either married or in a de facto relationship. In many cases marriage gives access to more rights and benefits than de facto relationship recognition, or marriage may make them more easily accessible.
That all sounds very nice, but there's a catch! These laws apply only to heterosexuals. Gay activists are often accused of wanting "special" laws and "special" rights, one could argue that when it comes to relationship recognition, we are faced with a range of "special laws for heterosexuals".
Currently Federal law does not recognise relationships between people of the same sex (ie lesbian and gay relationships) in a number of areas. Marriage, Superannuation, Vilification, Military partnership rights, the recent Medicare package does not consider same sex couple eligible to register for couples benefits. As far as the federal law is concerned, same sex relationships don't exist. This means that despite being in a similar situation to a heterosexual couple, gay and lesbian couples do not have access to the same rights, benefits and responsibilities as heterosexuals.
Is this discrimination? - YES.
Current Victorian law does not allow same sex couples to adopt children, it doesn't provide IVF services to lesbian women. It doesn't allow the partner of a birth mother to be recorded as a parent on the birth certificate.
Is this discrimination? - YES.
What can I do?
Taking action is easy.
No matter what your sexual orientation, everyone can support equal treatment for all before the law.
Whether you are gay, lesbian, bisexual, transgender or straight, you can make a difference and be part of progressive social reform.
Here are some ideas.
• Register to Vote
If you are not registered to vote you can not voice an opinion in the next Election (Federal or State). Visit http://www.aec.gov.au/_content/what/enrolment/index.htm for information on how to register.
• Join the VGLRL or make a donation
It costs very little to join VGLRL and entitles you to attend meetings and be on the committee. It also helps VGLRL financially.
Even small donations add up. Make a donation to VGLRL to help with running costs, press advertising, lobbying and other campaigning. Please post donations to:
VGLRL
PO Box 2156
Fitzroy BC VIC 3165
• Phone, fax, email or write in
State and Federal politicians need to know why these changes are needed. Personal letters expressing how discrimination and lack of legal recognition affects your life will be very effective.
• Write in to Newspapers
Send letters-to-the-editor when gay and lesbian rights are attacked. Watch the papers and when you see a negative or discriminatory comment, answer in short and sensible terms that human rights are essential and no human being is a second class citizen because of the way they are born.
Some main papers that take letters to the editor are listed below, there are also local and regional papers that have similar sections.
The Age - http://theage.com.au/letters/index.html
The Australian - http://theage.com.au/letters/index.html
The Herald Sun - http://theage.com.au/letters/index.html
• Be out and proud with your family and friends
Be supportive publicly of gay equality (with friends, family and in group situations). All our colleagues, friends and family can also help bring about equality by supporting it too.
Direct people who are interested in law reform to this website. Encourage them to join VGLRL so they can support the campaigning for gay and lesbian equal rights.
How to lobby politicians?
In order to help you write a letter, we have prepared a "sample". We encourage you to add your own personal experiences and personal attitudes to the letter or draft your own. It is best to keep it short, courteous and to the point. If you don't have time to add to it you can send it as is.
You can also ask for a meeting with your representatives so you can lobby them in person or call their office and make your opinion known.
See http://www.aph.gov.au/whoswho/index.htm for contact details of federal politicians and http://www.parliament.vic.gov.au/minsec.html for Victorian state politicians.
To email the Prime minister directly go to
http://www.pm.gov.au/
SAMPLE LETTER
(Your name, address and the date)
Hon ... MLC
Address
Dear.………
I am writing to express my support for comprehensive anti-discrimination legislation in all areas of law, which prohibits discrimination on the grounds of sexual orientation. I believe that we need strong and effective laws against sexuality discrimination: Every Australian has the right to equal treatment under the law and to treat one group in a different way is clearly discrimination.
Include how discrimination personal effects you and/or your relationship.
Yours Sincerely,
(Your name)
(Contact number) (optional)
(Email) (optional)
What sort of enquiries can the Lobby help with?
The VGLRL unfortunately cannot provide legal advice. We refer any state based queries to our Over the Rainbow web site. We suggest anyone with specific legal queries contact local gay and lesbian friendly legal services. Often these are advertised in the local GLBTI press or the ALSO Directory.
Student enquires we generally direct to the following websites:
Legal in Victoria - http://www.overtherainbow.org.au
Other states we suggest contacting the gay and lesbian rights lobby in the state of question.
Parenting - http://www.rainbowfamilies.org.au
Another site we can recommend is http://www.rodneycroome.id.au/weblog
Most of these sites have links pages of their own which may also be useful to students or interested others.
Where can I make inquiries about individual incidents of discrimination?
All inquiries about individual incidents of discrimination should be referred to the Equal Opportunity Commission of Victoria.
The EOCV website is at http://www.eoc.vic.gov.au and the telephone inquiry line is at 9281 7100.
The other source of general advice (on all legal issues, including discrimination) is the http://www.overtherainbow.org.au website that was produced as a joint project with the Victorian Department of Justice.
