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Same-Sex: NOTES FROM TOWNSVILLE COMMUNITY FORUM

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

WRITTEN NOTES


NOTES FROM TOWNSVILLE COMMUNITY FORUM 6.30 - 8.30pm (12 October 2006)

No audio files are available for this forum.

26 people attended the community forum at Townsville 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.

Assisted Reproductive Technology

One couple mentioned how they are concerned by comments from some members of federal government who have been talking about banning access to Assisted Reproductive Technology for lesbian couples. They see this as yet another added pressure in trying to conceive a child. They now feel that they have to conceive as soon as possible in case they are excluded.

Austudy

A number of young people raised concerns about accessing Austudy. They discussed the eligibility criteria for Austudy. Same-sex relationships are not recognised and this means that some could not make a claim. One person described how she bought a house with a male friend and then found she was ineligible for Austudy. The presumption was that they were in a relationship. She said she was in a relationship but with her same-sex partner.

Australian Defence Force

A number of people spoke about issues with working in the Australian Defence Force (ADF).

One person spoke about her partner who is in the ADF. As a result the partner is a member of a Commonwealth superannuation scheme. As same-sex partners are not recognised in Commonwealth schemes this means that if her partner was to die and she was to be left the superannuation, she would face a 30% tax rate. This is because she is not recognised as her partner's spouse.

Another person provided a story of a person in the ADF who was injured while on duty. He was in a long term relationship with his male partner. However the ADF did not recognise his male partner as his spouse. Therefore the ADF informed the injured person's family of the accident but not his partner. However the family had not had any contact with the injured person for quite some time due to his being gay. The partner did not find out about the accident for three weeks. This would not have happened if the relationship between the two men was recognised.

Birth Certificates

A number of same-sex parents raised concerns about the inability of the non-biological parent to be recognised on their child's birth certificate in Queensland. The father's name can be left blank however the biological mother has to provide an affidavit and a lot of personal information for this to happen.

As one mother commented 'I get angry every time I see this document. The real pain is that our son will see that he and his family are pariahs in the eyes of the law.'

Examples were given of the impact that this has on children of same-sex families. For example if the parents separate or if the registered parent dies, the surviving co-parent has no automatic right to custody and guardianship of the child, and will be required to fight for this in court.

Discrimination

Ongoing issues of discrimination were seen to be associated with the lack of recognition of same-sex attracted people. It was commented that what is happening is a result of there being no legislation to protect same-sex attracted people. People felt that this may continue to happen if this Inquiry is not successful. As one person said, ' Private and Corporate sectors use the government position as a gauge of social acceptability and standards. So if this Inquiry is not successful then we would be in an extremely awkward position at work.'

Another person described how standing up publicly as homosexuals is the most difficult thing to do. Many people choose not to do this. Many also no longer want to continually confront discrimination every time they need to access a financial entitlement. It was commented that many in the GLBTI community feel as though they are under attack and wonder where the next hit will come from.

Participants argued that gay and lesbian people live and work in the community. They have not experienced once piece of shabby treatment from the people they work with. The legislators do not understand the community heart on these issues.

Family Recognition

A number of people at the forum commented that all children should have the expectation of having their family relationships recognised and protected under federal law and in all States. Anything less is discrimination.

Participants argued that same-sex couples should also have the right to legally unite, to have their relationships and families formally recognised in the eyes of law and society.

The impact of non-recognition of same-sex families on children was also a major concern. Participants stated that same-sex couples do not have children accidentally. They have to go through a large number of trials to have a child. One couple commented that they worry about their ability to discuss this with their son without being bitter and resentful. They don't want to show hate.

Health Care

Health care, especially involvement in decisions about a partner's medical treatment, was another key issue. Participants stated that heterosexual couples will be informed if their partner enters hospital and they will be able to consent to health care and treatment for their partner. A same-sex partner is not recognised as next-of-kin and they will not be notified that their partner has been admitted, unless the injured partner expressly requests it, or unless they get sympathetic hospital staff.

Health Issues

Participants commented that gay and lesbian people have worse health outcomes than the rest of the community. This includes mental health, and alcohol and drug problems. It was felt that part of this problem was caused by the feeling that Australian society devalues them and their relationships.

One person stated that they are 'most unhappy about being a part of a society that, at the moment, devalues and harms the health and welfare of a small but significant contributing part of Australian society.'

Medicare and Pharmaceutical Benefits Scheme Safety Nets

Under the Medicare Levy Act 1986 (Cth), the taxpayer who has a dependent spouse may pay a reduced Medicare Levy. This option is not available for same-sex interdependent couples as the law excludes same-sex partners from the definition of a 'spouse'.

Parenting Orders

A couple commented that they have undergone lengthy and expensive legal proceedings to get parenting orders. They state that the order simply tells them what they already know to be true - that their son is loved and cared for by two mums. However they had to provide an amazing amount of information and even after this their son has less legal security than children in opposite-sex families.

Relationship Recognition

Relationship recognition is an important issue to same-sex couples and was raised continuously throughout the forum. Many commented that they would marry if they could. Same-sex couples are as equally loving and committed as heterosexual couples, and seek the same sort of legal recognition other couples take for granted.

There was also a discussion on the definitions used in the 2nd Discussion Paper and how a relationship can be defined. Both heterosexual and homosexual couples have to prove they are in a relationship if they are not married. The important issue is how you ensure that both sets of couples are being treated in the same way?

One person commented that they know that the purpose of the Inquiry is to look at financial and other issues but these problems could be cured simply by making marriage equal between same-sex and heterosexual couples.

Social Security

A person described how her partner's income was not taken into account and they were excluded from benefits and concessions allowed to heterosexual couples. She also had to do an affidavit providing personal details to say that there was no father to collect maintenance from.

A person said that although she is in a committed same-sex relationship she is taxed at a higher single rate of taxation, while her heterosexual married colleague receives the lower dependent spousal rate of taxation.

One participant stated that Centrelink staff were clearly bamboozled by their family and family structure. Surely they are not the first people in Australia to present this situation with Centrelink?

Wills

Participants stated that even after death the government choose to make life unequal to heterosexual relationships. Many were concerned that their wills would not be recognised by the law and that families could contest their decisions.