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Marriage in Australia

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Married people as a percentage of the over-15-year-old population in Australia, subdivided by statistical local area, according to the 2011 census
Marriage and divorce rates in Australia from 1901 to 2005

As was the case for other western countries marriage in Australia for most of the 20th century was done early and near-universally, particularly in the period after World War II to the early 1970s. Marriage at a young age was most often associated with pregnancy prior to marriage.[1]

Marriage was once seen as necessary for couples who cohabited. While such an experience for some couples did exist, mostly because it is hard to detect, it was relatively uncommon up until the 1950s in much of the western world.[2] If both partners are under the age of 18, marriage in Australia is not permitted. In ‘exceptional circumstances’ the marriage of persons under 18 but over 16 may be authorised by a court.

The official registration of marriage is the responsibility of each state and territory.[3] A Notice of Intended Marriage is required to be lodged with the chosen celebrant.[4]

According to a 2008 Relationships Australia survey love, companionship and signifying a lifelong commitment were the top reasons for marriage.[5]

History

Signing the marriage register, 1945

In colonial New South Wales marriage was often an arrangement of convenience. For female convicts marriage was a way of escaping incarceration and land leases were denied to those who were unmarried.[6]

A federal Marriage Act was passed in 1961 which set uniform Australia-wide rules for recognition and solemnisation of marriages. Prior to this Act, the states and territories administered their own marriage laws. The Commonwealth Family Law Act of 1975 made it easier to divorce and removed the concept of fault, requiring only a twelve-month period of partners' separation.[7]

The 1970s saw a significant rise in the divorce rate in Australia.[1] A change in social attitudes from divorce being only acceptable if there were severe problems towards divorce being acceptable if that is the preference of the partners is attributed to this change.[8] By the 1980s the trend towards a delay of first marriage in Australia was evident. In 1989, more than one woman in five had not married by the age of 30.[1]

Australia has recognised de facto relationships since the Family Law Act of 2009.

Social change

Common-law marriage has increased significantly in recent decades but has not replaced traditional marriage in Australia. It is typically a prelude to marriage and reflects the shift to attain financial independence before having children.[9]

In 1971, more than three quarters of women surveyed placed being a mother before their career. By 1991 this figure had dropped to just one quarter.[7]

Same-sex marriage

Same-sex marriage is not permitted in Australian. Since 2004 there have been 16 attempts to have same-sex marriage legalised.[10] In Australia, marriage is defined under the Marriage Amendment Act in 2004 which reads:

Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.[11]

Same-sex couples have access to domestic partnership registries in New South Wales, Tasmania, Queensland and Victoria. Civil unions are performed in the Australian Capital Territory.

Those advocating the retention of the existing Marriage Act, have said:

  • that marriage has been defined as a heterosexual union "throughout history, transcending time, religions, cultures, and people" and that, "the modern state recognises and regulates marriage because of its importance to the good of society". There are implications for Freedom of religion and Freedom of thought following any legislated change.[12]
  • that the institution of marriage involving a woman and a man for the purpose of having children is one of the bedrocks of Australian society and is common across cultures and has existed for generations. There are good reasons as to why it is so enduring.[13]
  • that up until now there have been too many, "slogans, emotional spin and almost unprecedented public bullying of opponents" and that, "we should resist being railroaded into this social change too quickly".[14][15] There are, "debates within gay communities" as to, "what sort of marriages do homosexual people want?"[16][17]
  • that the word marriage isn’t a label that can transferred to various relationships, as it "has an intrinsic or natural meaning prior to anything we may invent or the state may legislate.[18]

Implications

For adults

Concern has been raised, that if same-sex marriage is legislated, there is the probability of restrictions in religious freedom.[19] This view has been expressed by both Catholic[20] and Anglican church leaders.[21]

Same-sex marriage, with its emphasis on gender neutrality nullifies commonly understood gender pronouns such as husband & wife and bride & groom.[22] Terms such as man & woman and father & mother become "interchangeable social constructs".[23] Similarly, the terms dad & mum[24] and male & female (particularly as reported, a third of transgender people do not identify as male nor female)[25][26] all become valueless.

A spokesman for the Catholic Church has said, "By logic, if marriage can be redefined as not exclusive to a man and woman then that redefinition can apply to any number of unions and relationships."[23]

While there have been studies carried out on the children of LGBT parents,[27] it has been reported that it is, "too early for social scientists to make far-reaching conclusions about families headed by same-sex couples".[28]

For children

It has been said that children have a birth-right, wherever possible, to both a mother and father, with same-sex marriage being a calculated decision by which a child is forced to miss out on a mother or a father[29] with governments being in the marriage business, "because the union of a man and woman can produce a child and children need a mum and a dad."[30]

While there are children's stories involving 'gay themes' up until now there has been none involving transgender or gender fluid characters. As a world-first, a children's story entitled, Introducing Teddy covering this subject has been produced in Australia and is destined for world publication.[31][32]

See also

References

  1. ^ a b c McDonald, P. (1992). "The 1980s: Social and Economic Change Affecting Families". In Jagtenberg, Tom; D'Alton, Phillip (eds.). Four Dimensional Social Space. Pymble, Sydney: Harper Educational Publishers. pp. 126–128. ISBN 0063121271. {{cite book}}: |access-date= requires |url= (help)
  2. ^ Thornton, Arland; William G. Axinn; Yu Xie (2008). Marriage and Cohabitation. University of Chicago Press. p. 72. ISBN 0226798682. Retrieved 3 August 2013.
  3. ^ "Births, deaths and marriages – Fact sheet 89". National Archives of Australia. Retrieved 3 August 2013.
  4. ^ "Your Legal Obligations". Australian Marriage Celebrants. Retrieved 3 August 2013.
  5. ^ "Why do people get married?". Relationships Australia. Retrieved 3 August 2013.
  6. ^ Edgar, Don (2012). Men Mateship Marriage. HarperCollins Australia. ISBN 0730496589. Retrieved 3 August 2013.
  7. ^ a b Clancy, Laurie (2004). Culture and Customs of Australia. Greenwood Publishing Group. pp. 57–58. ISBN 0313321698. Retrieved 3 August 2013.
  8. ^ Halford, W. Kim (2011). Marriage and Relationship Education: What Works and How to Provide It. Guilford Press. p. 13. Retrieved 3 August 2013. {{cite book}}: Cite has empty unknown parameter: |isbn1609181573= (help)
  9. ^ Uhlmann, Allon J. (2006). Family, Gender and Kinship in Australia: The Social and Cultural Logic of Practice and Subjectivity. Ashgate Publishing. p. 31. ISBN 0754680266. Retrieved 3 August 2013.
  10. ^ "Cory Bernardi and Penny Wong debate same-sex marriage at National Press Club". NewsComAu.
  11. ^ "Marriage Amendment Act 2004". comlaw.gov.au.
  12. ^ "Submission 147 to the Legal and Constitutional Affairs Legislation Committee, Concerning the Marriage Equality Amendment Bill 2010". Senate Legal and Constitutional Affairs Legislation Committee. 4 May 2012. Retrieved 15 October 2015.
  13. ^ Donnelly, Kevin (12 August 2015). "Abbott made the right call on same-sex marriage". ABC, The Drum. Retrieved 15 October 2015.
  14. ^ Fisher, Anthony (24 July 2015). "Same-Sex 'Marriage': Evolution or Deconstruction of Marriage and the Family? (Edited version)". ABC Religion and Ethics. Retrieved 15 October 2015.
  15. ^ Fisher, Anthony (22 July 2015). "Same-Sex 'Marriage': Evolution or Deconstruction of Marriage and the Family?". Catholic Archdiocese of Sydney. Retrieved 15 October 2015.
  16. ^ Sandeman, John (29 June 2012). "What sort of marriages do homosexual people want". Bible Society. Retrieved 15 October 2015.
  17. ^ Mitchell, Natasha (11 June 2012). "Why get married when you could be happy?". ABC News. Retrieved 15 October 2015.
  18. ^ "'Same-sex' Marriage Pastoral Letter: Don't Mess With Marriage". Australian Catholic Bishops Conference. 2015. Retrieved 15 October 2015.
  19. ^ Howden, Saffron (14 October 2015). "Democracy tested by same sex-marriage plebiscite, Archbishop Anthony Fisher warns". Sydney Morning Herald. Retrieved 15 October 2015.
  20. ^ Howden, Saffron (16 October 2015). "Churches' fight against gay marriage gains momentum". Sydney Morning Herald. Retrieved 20 October 2015.
  21. ^ Howden, Saffron (12 October 2015). "Sydney Anglican Archbishop Glenn Davies' call to arms over same-sex marriage". Sydney Morning Herald. Retrieved 20 October 2015.
  22. ^ Jensen, Peter (29 August 2012). "Men and women are different, and so should be their marriage vows". The Australian. Retrieved 19 October 2015.
  23. ^ a b McDougall, Bruce (17 June 2015). "Catholic bishops' explosive warning of three-way unions if marriage changes go ahead". Daily Telegraph. Retrieved 19 October 2015.
  24. ^ Fisher, Anthony (20 May 2015). "Same-sex marriage undermines purpose of the institution". The Australian. Retrieved 19 October 2015.
  25. ^ Lauder, Simon (5 May 2015). "Mx flagged as possible title for transgender and other gender neutral people, according to Oxford English Dictionary". ABC News. Retrieved 18 October 2015.
  26. ^ Glicksman, Eve (April 2013). "Transgender terminology: It's complicated". Vol 44, No. 4: American Psychological Association. p. 39. Retrieved 19 October 2015. Use whatever name and gender pronoun the person prefers{{cite web}}: CS1 maint: location (link)
  27. ^ aifs.gov.au lies in Australia https://aifs.gov.au/cfca/publications/same-sex-parented-families-it lies in Australia. {{cite web}}: Check |url= value (help); Missing or empty |title= (help)
  28. ^ White, Ed (4 March 2014). "Disputed study's author testifies on gay marriage". Washington Times. Retrieved 20 October 2015.
  29. ^ van Gend, David (8 May 2014). "Repudiating the calculated decision to deprive children of mothers". MercatorNet. Retrieved 17 May 2014.
  30. ^ Moynihan, Carolyn (3 April 2014). "It doesn't come much clearer than this". MercatorNet. Retrieved 17 May 2014.
  31. ^ Akersten, Matt (16 October 2015). "Transgender Teddy will teach kids about gender fluidity". Samesame.com.au. Retrieved 18 October 2015.
  32. ^ Bausells, Marta (12 August 2015). "The transgender teddy bear teaching children about friendship and identity". The Guardian. Retrieved 18 October 2015.

External links

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