The Federal Government has backed down to allow same-sex couples in Canberra to have legally-binding ceremonies, after the ACT Government agreed to minor amendments to recently-introduced laws.
ACT Attorney-General Simon Corbell declared the Commonwealth's concession yesterday as a significant win for same-sex couples in the ACT, but the proposed amendments must now win the Greens' support if they are to pass in the Legislative Assembly next month.
Earlier this month the Assembly passed a Greens Bill amending the Civil Partnerships Act to create the right for same-sex couples to have legally-binding ceremonies. ACT Labor was forced to remove similar provisions last year after the Rudd Government threatened to disallow the whole Act.
The Commonwealth's proposed amendment would create an additional step in the process, requiring couples who choose to have a ceremony to first notify the registrar-general of the ACT Office of Regulatory Services with at least five days' notice of their intention to hold a ceremony.
The union will be legally created by the couple's declaration in front of a legally-authorised celebrant. Federal Attorney-General Robert McClelland told Chief Minister Jon Stanhope earlier this week that the Commonwealth would overturn the recently-passed laws unless the ACT agreed to its amendments.
''This is an important reform,'' Mr Corbell said yesterday.
''This locks in the role of ceremonies for same-sex couples and maintains the legal effect, and it also maintains the role for a legally-authorised official to conduct those ceremonies.''
Mr McClelland said the amendments had ensured a satisfactory resolution and were consistent with a national framework for relationship recognition.
He did not clarify why the proposed amendments were more palatable even though they still allowed for legally-binding ceremonies but stressed the five-day waiting period was an ''essential requirement''.
The Federal Government faces a backlash from sectors of the Christian community who believe a legally-binding ceremony for homosexual couples undermines marriage and breaks a federal Labor 2007 election promise to introduce a nationally-consistent framework for same-sex relationships that excluded ceremonies and celebrants.
Australian Christian Lobby managing director Jim Wallace said yesterday, ''We expect that the Federal Government will put further demands on the ACT Government to remove references to ceremonies and celebrants ... and so honour their election promise.''
Baptist Union of Australia national director Brian Winslade accused the Rudd Government of backing down.
Mr Corbell will introduce the amendments in the Assembly during the final sitting week of the year which starts on December 8.
Greens MLA Shane Rattenbury, who had introduced the original Bill, said he would need to consult the gay community on the proposed amendments before deciding whether the Greens would support them.
Until the amendments pass couples can use the existing provisions for ceremonies.
ACT Senator Kate Lundy denied federal Labor had backed down. ''We have a firm policy that marriage is between a man and a woman, but over time there has been a growing view that same sex couples deserve to be able to have their relationships recognised.''
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