• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Australia reverses law on same-sex marriage, India recriminalises gay sex.

Infinite Chaos

Infinite Chaos

DP Veteran
Joined
Oct 28, 2007
Messages
26,487
Reaction score
23,468
Gender
Male
Political Leaning
Independent
Australia's High Court has overturned legislation allowing gay marriage in the Australian Capital Territory (ACT).The ACT parliament passed a bill in October making the territory the first part of Australia to legalise same-sex weddings.
But the national government challenged the decision, saying it was inconsistent with federal laws.
Some 27 couples who married since the law came into effect last weekend will now have their unions declared invalid.
The court said the issue should be decided by parliament - which in September 2012 voted down gay marriage legislation.Link.
Click to expand...

What a shame for those who thought their equality would be respected, now the battle starts all over again.

India is another part of the world however they have re-criminalised homosexual sex and we are seeing with Russia that some things are going back to the Dark Ages.

India's top court has upheld a law which criminalises gay sex, in a ruling seen as a major blow to gay rights.

The Supreme Court ruling reverses a landmark 2009 Delhi High Court order which had decriminalised homosexual acts.

The court said it was up to parliament to legislate on the issue.

According to Section 377, a 153-year-old colonial-era law, a same-sex relationship is an "unnatural offence" and punishable by a 10-year jail term.
Click to expand...
 
Oh no, India will have to start arresting US diplomats that bring their same sex lovers to the embassy, and cavity search them, too!
 
Who gives a **** what happens in Australia and Inida and Russia and other third world ****holes?
 
soot said:
Who gives a **** what happens in Australia and Inida and Russia and other third world ****holes?
Click to expand...

I don't think your going to like it when people say that about us in 30 years.
 
Australia merely represents a temporary stop. In the long run gay marriage is inevitable in western society. Non-western society is gradually becoming more religious, however, after the fall of communism and other far-left ideologies, and one can expect a paradox of the western world becoming increasingly pro-gay, while non-western society becomes increasingly homophobic.
 
Ten steps forward, two steps back. It is only a matter of time before same-sex marriage is recognised Federally in Australia.
 
Serenity said:
Ten steps forward, two steps back. It is only a matter of time before same-sex marriage is recognised Federally in Australia.
Click to expand...
Yes. It is a harder battle here compared to US because marriage law is positioned differently in AU. It is Federal Law here not the "mix" of federal/state seen in US.

So there isn't the "ratchet" mechanism available which worked in California....the only state initiative US state level action to interpret the law in favour of same-sex which I followed in any detail. (And ooops - I typed "initiative" before I realised the ambiguity. :3oops:) My interest was comparing the state to federal constitutional aspects in the US with the same issues in AU. Given the different balance of state to fed between the two countries.

I enjoyed reading the Federal Court decision overturning the CA "initiative" - it came at the issue in the reverse direction to what most folk expected. Me included - I hadn't really been thinking hard enough. :doh

The reversal of the Aussie ACT change was to be expected. Sure same sex will come but it will have to be a determined action at Federal Govt level. It is too big a jump for the High Court to achieve as a "reinterpretation of law" seeing as it would directly oppose legislation which entrenches "traditional common law" standards. "one man one woman exclusive for life". Similar to DOMA in US as far as I understand it BUT US states have a say in the matter whereas AU states don't. And the victory for same-sex in CA was based on constitutional grounds - not a battle over jurisdiction for marriage law.

And we recently voted in a conservative party with a religious leader....
 
Last edited:
ozeco41 said:
Marriage law is positioned differently in AU to US. It is Federal Law here not the "mix" of federal/state seen in US.

So there isn't the "ratchet" mechanism available which worked in California....the only state initiative US state level action to interpret the law in favour of same-sex which I followed in any detail. (And ooops - I typed "initiative" before I realised the ambiguity. :3oops:) My interest was comparing the state to federal constitutional aspects in the US with the same issues in AU. Given the different balance of state to fed between the two countries.

I enjoyed reading the Federal Court decision overturning the CA "initiative" - it came at the issue in the reverse direction to what most folk expected. Me included - I hadn't really been thinking hard enough. :doh

The reversal of the Aussie ACT change was to be expected. Sure same sex will come but it will have to be a determined action at Federal Govt level. It is too big a jump for the High Court to achieve as a "reinterpretation of law" seeing as it would directly oppose legislation which entrenches "traditional common law" standards. "one man one woman exclusive for life". Similar to DOMA in US as far as I understand it BUT US states have a say in the matter whereas AU states don't. And the victory for same-sex in CA was based on constitutional grounds - not a battle over jurisdiction for marriage law.

And we recently voted in a conservative party with a religious leader....
Click to expand...

A religious leader who has a Sister who is Gay and is engaged to her long term partner. Interesting dinner conversations going down there no doubt..

It really was bitter sweet watching same-sex couples a little while ago in Canberra celebrating their wedding ceremonies only to have their marriages annulled a week after.

Happy Australia Day!

:2australi
 
Serenity said:
A religious leader who has a Sister who is Gay and is engaged to her long term partner. Interesting dinner conversations going down there no doubt..

It really was bitter sweet watching same-sex couples a little while ago in Canberra celebrating their wedding ceremonies only to have their marriages annulled a week after.
Click to expand...
Yes. I haven't followed it as closely as I did the US/CA stuff. The inevitability of the statutory and constitutional position here.

Serenity said:
Happy Australia Day!

:2australi
Click to expand...
Same to you.

I have a confession...
...I was born north of England - 11/72 pommie - and I'm watching the One Day Cricket. :3oops:


Nah beggar it <<won't risk the Aussie word
Come on Aussie come on....
:2australi
 
Infinite Chaos said:
India is another part of the world however they have re-criminalised homosexual sex and we are seeing with Russia that some things are going back to the Dark Ages.
Click to expand...

It might have been decriminalized on paper, but such a designation from the central government is largely pointless there. Too much power is still wielded by the local state authorities and short of *maybe* goa and a few major metropolitan areas, getting called out as a homosexual wouldn't likely go well long term
 
Dr. Chuckles said:
It might have been decriminalized on paper, but such a designation from the central government is largely pointless there. Too much power is still wielded by the local state authorities and short of *maybe* goa and a few major metropolitan areas, getting called out as a homosexual wouldn't likely go well long term
Click to expand...

I posted that story a while ago so you'll have to remind me where I was speaking about decriminalised same sex marriage and relationships in India?

I thought my story (a while ago) was about how same sex marriages were now being outlawed (re-criminalised?)
 
Infinite Chaos said:
I thought my story (a while ago) was about how same sex marriages were now being outlawed (re-criminalised?)
Click to expand...

Yeah, and I'm saying that the status with the federal govt (criminalized or de-criminalized) is meaningless.
 
Pretty sure the reason why it was repealed was something to do with the illegality of the law with regards to the Constitution and therefore the Supreme Court being legally required to intervene.
 
MichaelW said:
You do realize Australia is a first world country with a very high quality of life, right?
Click to expand...

Yes.

Although I also recognize that Australia's history in respect to the treatment of immigrants and minorities makes the United States appear to be a paragon of virtue in comparison, and let's be honest, America has a pretty deplorable track record in this regard.

That's just an observation though as, again, I really don't care what Australia does.

Dragonfly said:
Lemme guess - you're a citizen of the USofA aren't you? :roll::3oops:
Click to expand...

Yes.

But understand that my views aren't ethnocentric in the sense that I think 'Merica is better than everyone else.

Simple fact is, I'm not an Australian and probably never will be an Australian (though I'll probably vacation there at some point) and I don't see it as any of my business what Australia does.

Unlike most foreigners who think they their opinions of America's behavior are legitimate and deserve to be heard I don't harbor the same disillusions about my opinion in respect to how other nations choose to govern themselves or what type of public policy they commit to.

It's funny how you'd snap at me for not giving a damn what Australia does and essentially call me an Ugly American, when the entire point of my post is that American's can't possibly have valid opinion on foreign public policy, but I bet you'd never run your mouth to a European who insists that America is wrong for not being more liberal socialist.
 
You must log in or register to reply here.
Back
Top Bottom