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Love is Patient - Love is Kind - But are we?

Love is Patient - Love is Kind - But are we?

In relation to same-sex marriage, we continue to lag behind the rest of the world. Behind 20 countries in fact. Take the United States for example. Out of 50 States, 37 have legalised same-sex marriage. That’s 74%of the whole country, including Alabama. I’m talking about a Bible Belt State that continues to recognise marriages between first cousins, and Australia’s worried about the gays? What are we afraid of? That a union between Mr & Mr, or Mrs & Mrs, will destroy the sanctity of marriage? Given the current divorce rate, I really don’t think there’s any danger of that happening.  

Despite our reluctance to join the rest of the world, there has been some fairly significant progress made in terms of recognising same-sex relationships within our legal system. In November 2008, Federal Parliament passed a same-sex law reform package, which prompted changes to 85 Commonwealth Acts, removing differential treatment of same-sex couples and their children across a number of areas of law. In terms of the changes within Family Law, all States and Territories now recognise that a de facto relationship can exist between two people of the same sex, and that same-sex de facto couples have the same Family Law rights as heterosexual de facto couples.

In relation to that ad which was strategically aired during the Mardi Gras last Saturday. Dear Australian Marriage Forum, the dark ages called - they want their ignorance back. 

First off, that’s a mighty fine looking high horse you've got there.

Secondly, I refer to your comments in relation to marriage equality forcing a child to ‘miss out on a mother or a father’. From a Family Law perspective, I can assure you that having a mother and father by no means precludes a child from an unfortunate and difficult upbringing. I’m confident in saying that I honestly don’t believe that any of my counterparts would disagree with me on that one - regrettably, sometimes we see mothers and/or fathers at their worst.

Thirdly, your comments are not only an affront the gay community – they also offend all those families out there who don’t fit the nuclear mould. For example, single parent families, and families in which grandparents are raising their grandchildren because for one reason or another, the child’s parents are unable to parent.

Finally, I draw your attention to Section 60CA of the Family Law Act 1975 (Cth). In making parenting Orders, the Family Court is bound by ‘the paramountcy principle’. This means that in making a parenting Order, ‘a Court must regard the best interests of the child as the paramount consideration’. In making this determination, the Court must contemplate as a primary consideration the benefit to the child of having a meaningful relationship with both of its parents. The definition of ‘parent’ goes beyond biological, and can relate to adoptive parents. No mention of gender, no requirement for ‘parents’ to be of heterosexual persuasion. Methinks there may be something in that. 

A nuclear family structure is not a guarantee for a happy family. A happy family is a guarantee of a happy family - it’s as simple as that. Single parent, same-sex parents, blended families, married couples, de facto couples – no particular family structure has the monopoly in the happy-and-well-adjusted stakes.

On a final note, and I know this is going to be controversial, but there is evidence to suggest that a tacit recognition exists within the bounds of the law that is paving the way for the acceptance of same-sex marriage, and same-sex parenting. Perhaps we are getting there after all.   

I think I’ve made my position pretty clear, however, to borrow a line from Macklemore and Ryan Lewis’ ‘Same Love’ (which ironically quotes one of the most quoted Bible verses recited at weddings – Corinthians 13:4):

No freedom ‘till we’re equal. Damn right I support it.

If you do too, share this, like this, tweet this – keep the momentum going so that one day, our grandchildren aren’t baffled by our bigotry as a nation, and find themselves wondering what we were doing about it.

Mediate! How? I don’t trust the Bastard!!!
Living apart, together!

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Sunday, 20 June 2021

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