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Same-Sex: Forum: Melbourne

National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits

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WRITTEN NOTES


NOTES FROM MELBOURNE PUBLIC FORUM 6.30 - 8.30pm (26 September 2006)

No audio files are available for this forum.

50 people attended the community forum at Melbourne and discussed a range of issues.

The following is an overview of the comments made during the community forum.

These comments reflect the views of the participants in the forum, they do not necessarily represent the final conclusions of the Inquiry.

Adoption

Same-sex couples should have the same opportunities as heterosexual couples in accessing adoption. The issue is important for gay and lesbian couples because there is always one non-biological parent. So it is about protecting children in the event that the biological parent dies. The issue is not about gay men adopting children from overseas.

Aged Care

Same-sex couples face a number of issues when accessing aged care services. For example, if a couple owns their own house, and one of them has to go into aged care, the remaining partner would only be able to stay in the house for 2 years. The house would then have to be sold. This would not happen if they were recognised as a couple.

Assisted Reproductive Technology

Same-sex couples in Victoria do not have access to Assisted Reproductive Technology. This means that if a lesbian couple wants to have children they have to travel to Brisbane, Sydney or Albury.

Some couples choose a known donor for insemination as they feel that their families are vulnerable. They do not want to bring anyone into the family that may threaten them.

Child Birth

A lesbian couple describe their fight to ensure that the non-biological mother was recognised throughout the birth of their child.

At every step and every doctor's appointment the non-biological mother's role had to be stated. The couple put in writing the non-biological mother's role during and after the birthing process. But when shifts changed and a new midwife entered the birthing room the non-biological mother had to take her attention away from her partner and justify her presence all over again. She hated doing this as it took her away from the birth.

Children's Issues

It is going to become more and more important for the children of same-sex couples to have both their parents recognised.

General Issues of Discrimination

The Federal government should remove unfair discrimination against gay and lesbian people as it is sending a terrible message to the community. The current laws are suggesting that it is acceptable to discriminate against gay and lesbian people.

One person described being the victim of homophobia. The person's abuser commented that he was simply reflecting the views of society. If the laws are changed this would show people who do discriminate against gay men and lesbians, that they are out of touch with society.

Another person described the difference between being in a heterosexual and homosexual relationship. This man was in a heterosexual relationship for 24 years before entering into a same-sex relationship. He talks about the different way he is now treated by the system.

To some extent it is possible for same-sex couples to construct their affairs so that they enjoy the same rights as heterosexual couples. However not everyone has the means or resources or inclination to do this. Nor should they have to go to such extraordinary lengths to gain equality.

Leave Entitlements

A lesbian woman described how the Award in her workplace allows leave with pay to attend international sporting events. She applied for this leave to attend the Gay Games and included all the supporting documentation required. Two days before she left to travel to the Games she was informed that the policy had changed and that the leave now only applied to the Olympic and Commonwealth Games.

A lesbian mother noted that non-biological mothers cannot access maternity or paternity leave to support their partner while giving birth.

Medicare

The key issue in accessing Medicare is that a same-sex couple is not recognised as a couple. This means that they cannot pool their medical expense to qualify for the Medicare Safety Net. This has a major financial impact on some couples, especially if they face high health costs due to illness.

One woman summed up the situation as follows: "I pay the same levels of taxes as a heterosexual person and I am unable to access the same rights."

Parenting Orders

One couple expressed the stress of justifying the legitimacy of their family to the Family Court, in order to obtain parenting orders for the non-biological mother. If they had been an opposite-sex couple they would not have had to go through this.

Private Health Insurance

There was a mix of comments in relation to private health insurance. Some people had no difficulties in placing their same-sex partner on their policies. Other people said that they were unable to do this.

Property Ownership

One woman described how many lesbian couples do not purchase property together because they will not have access to the Family Court if the relationship breaks down. This means there is no way of splitting the property if the separation of the partners is not amicable.

Public Service

A public servant described the difficulties that he has in administering discriminatory laws, because he knows how they impact on same-sex couples.

On the other hand, some people suggested that the Australian public service was quite progressive in terms of workplace agreements. It was once you got beyond the Award and into matters covered by legislation that discrimination occurs.

Relationship Recognition

A number of people discussed the issue of marriage and civil union. It was stated that marriage is a right of passage for heterosexual relationships and that same-sex couples would like this same opportunity.

A number of people also spoke about their experience of registering a civil union in the United Kingdom. One person stated that she wanted to cry when the registrar said that "your relationship is now recognised under British law". It was noted that many same-sex couples people feel more comfortable showing affection publicly in the UK than in Australia, as they are protected by the law.

One couple suggested that failure to recognise the validity of a 40 year relationship is not merely discrimination, it is an abuse of human rights.

Another person said "if you have a marriage certificate, then all the things that people have spoken about tonight would not apply."

One person drew a parallel between the current discussion about gay marriage and the older discussion about mixed race marriage in the United States. And just as US societies are now healthier for ending discrimination against mixed-race couples, Australia would also be healthier for recognising same sex couples.

It was agreed that discrimination all comes down to one thing: failure to recognise same-sex partners as a couple and as a family.

Superannuation

In some superannuation funds trustees exercise their discretion in a positive way and recognise same-sex couples. However leaving recognition of a same-sex partner to the discretion of a trustee creates a great deal of uncertainty. Couples do not want to have to shop around just to make sure that their rights are protected.

One person described his application for life insurance through his superannuation fund. The only question that the Superannuation fund asked, which was related to any type of relationship recognition, was: "Are you engaged in, or have you engaged in male to male sex". They did not ask if it was long term or safe sex.

One person notes that there are more than 500,000 people who belong to Commonwealth superannuation schemes - CSS and PSS. But these funds do not recognise same-sex couples. While modernisation has happened in private schemes the Commonwealth has done nothing.

Social Security

One person notes that she would give up the advantages of receiving a single parent's pension in a heartbeat, if her family was recognised by Centrelink as a family unit.