Australia: Judge tosses challenge to gay marriage ban

BY NATASHA BARSOTTI — A Federal Court of Australia judge has ruled against a challenge to the country’s ban on same-sex marriage, saying it doesn’t amount to discrimination based on sex.

Justice Jayne Jagot’s ruling upheld an Australian Human Rights Commission decision to terminate gay rights activist Simon Margan’s case, in which he sought an order directing the states of New South Wales and Queensland to register same-sex marriages, according to Bloomberg.

Gay Star News reports that Margan’s complaint spoke to the “unlawful discrimination” queer people face “based on sex and marital status by reason of the inability of those persons to register same sex marriages.”

Australia’s Marriage Act defines marriage as being between a man and a woman, Jagot says in her ruling. “A man cannot enter into the state of marriage as defined with another man just as a woman cannot enter into the state of marriage with another woman,” she writes. “The redress for these circumstances lies in the political and not the legal arena.”

“If our courts feel powerless to remove discrimination the majority of Australians oppose then it’s up to politicians to act,” Australian Marriage Equality national director Rodney Croome is quoted as saying. “This issue has become a test of the capacity of Australia’s democratic institutions to respond to popular and overdue reform.”

Last year, Australian lawmakers, including Prime Minister Julia Gillard, voted against a bill that sought to extend marriage rights to same-sex couples.

Natasha Barsotti is originally from Trinidad and Tobago in the Caribbean. She had high aspirations of representing her country in Olympic Games sprint events, but after a while the firing of the starting gun proved too much for her nerves. So she went off to university instead. Her first professional love has always been journalism. After pursuing a Master of Journalism at UBC , she began freelancing at Xtra West — now Xtra Vancouver — in 2006, becoming a full-time reporter there in 2008.

Keep Reading

Trans issues didn’t doom the Democrats

OPINION: The Republicans won ending on a giant anti-trans note, but Democrats ultimately failed to communicate on class

Xtra Explains: Trans girls and sports

Debunking some of the biggest myths around trans girls and fairness in sports

How ‘mature minor’ laws let trans kids make their own decisions

Canadian law lets some youth make medical or legal decisions for themselves, but how does it work?

To combat transphobia, we need to engage with the people who spread it

OPINION: opening up a dialogue with those we disagree with is key if we want to achieve widespread social change