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Federal axe possible for ACT same sex ceremonies legalisation

Published: November 13, 2009

The ACT legislation granting same sex couples the right to legally binding ceremonies will "almost certainly" be vetoed by the Federal Government, The Canberra Times reported, although this could not be officially confirmed.

The newspaper cites a spokesman for Federal Minister for Home Affairs Brendan O'Connor saying the Government's position was unchanged and that such provisions "undermined and mimicked" marriage, however he would not say whether the new laws would be disallowed.

"We will need to review it in light of whether it's consistent with other national approaches to relationship recognition," the spokesman reportedly said.

ACT Attorney-General Simon Corbell amended ACT Greens MLA Shane Rattenbury's Bill to exclude heterosexual couples from the new, legally binding civil union ceremonies, after receiving legal advice that extending them to heterosexual couples could be unconstitutional according to the Commonwealth's exclusive powers to legislate with respect to marriage.

Mr Corbell said the Federal Government now had no legal basis on which to oppose the ceremonies.

"So unless they are able to come up with an argument that says why this impinges on the constitutional powers available to them and they haven't been able to do that, I simply have to conclude that this is a form of discrimination, it is a form of bigotry towards gay and lesbian people," Mr Corbell was reported saying.

"There could be no other conclusion that you could draw."

The new laws will take effect next week and any civil partnerships registered under them between their enactment and any disallowance from the Federal Government will remain valid, the report added.

FULL STORY

ACT passes same-sex laws (Canberra Times)

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ACT legalises civil ceremonies between same sex couples

 

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Recent Comments

  1. Catholics are required to believe that marriage is between a man and woman, simple as that. (CCC 1601) Don't hold this view? Then the question that must be asked, What other Catholic teachings do you oppose? Oppose one, you oppose the entire deposit of faith, and you are not truly a Catholic.
    A disclaimer: most people do not understand the teachings of the church in many areas (I certainly don't know/understand everything) and while they think that they disagree with the church they probably just don't understand why the church teaches what it does.
    I hope that the Federal Government will repeal this Act.

  2. I ‘m writing in support of the ACT Governments Same-Sex Legal Ceremony Bill. The media is speculating that the Rudd Government will overturn the Bill just as the Howard Government did when a similar Bill was introduced when it was in power.
    If the speculation is correct and Mr. Rudd behaves as did Mr. Howard then the question must be asked, what’s the difference?
    I am a practising Catholic but I do not believe that I have the right to dictate to others how to conduct their private lives. I also believe personal relationships, whether they are same sex or opposite sex, are the business of the individuals concerned and not that of Government and, I might add, nor is it the business of the Church.
    Catholics are not required to ignore conscience as some would have us do, or become mindless to the point that all [our] decisions are made by others - in this case the Church. The Church is not omnipotent and, as history shows, has made many mistakes.

  3. Jeff Kevin: “I do not believe that I have the right to dictate to others how to conduct their private lives...... personal relationships.... are the business of the individuals concerned and not that of Government and, I might add, nor is it the business of the Church.”
    Do you also apply this to drug abuse and trafficking, bestiality, polygamy, rape, pornography, masturbation, sexual and physical abuse of children, contraception, abortion, IVF, wife-bashing and other assaults, murder and all the other personal and private matters between individuals which do not directly and personally affect you or any other third party, the Church or the State? If not, why do you make a special exemption for homosexual sodomy?
    Yes, sadly the Church is not omnipotent (all-powerful) but I think you meant “omniscient” (all-knowing). As far as the Church’s infallible and unchangeable dogmas such as the grave immorality of homosexual sodomy are concerned, Catholics are bound to believe that the Church’s teaching is God’s omniscient truth and she cannot possibly make a mistake. If you do not believe this, you are not a practising Catholic. Regardless of anything to the contrary which you might claim that your uninformed “conscience” tells you. For one thing, if by "practising" you mean you go to Mass, then you are telling a lie every time you recite the Creed.

  4. Jeff Kevin: Public ceremonies with legal sanction are hardly matters of privacy. Think again.

  5. Just who in the Catholic Church would have us "ignore our consciences", Jeff Kevin? You show a very poor understanding of Catholic moral teaching, which requires we inform our conscience with the truth in the process of decision-making.

  6. Jeff: If personal relationships are not the business of government, then what's the ACT government doing passing this legislation?
    Individuals are part of society, and eventually personal relationships between individuals affect everyone.

  7. Jeff: If homosexual sodomy is "no business of Government" why do you "support the ACT Government's Same-Sex Legal Ceremony Bill"?

  8. In matters of Faith and Morality,I do not think we can choose to accept this or that teaching, because The Church has the responsibility to ensure that the teachings of Jesus must be adhered to, and God's Laws as well. In today's world of self-indulgent, opinionated,"educated", individualistic,self-absorbed people, the Church will always be criticised, ridiculed, trashed, demeaned, not only by non-Catholics, but, worse still, by those who call themselves Catholic. It is our responsibility to find out why the Church teaches whatever,and then,only then,are we able to understand the reasons for the stance the Church takes on certain issues,instead of constantly criticising it. Perhaps Research and prayer for the Church will lessen the number of "supermarket Catholics".

  9. By the way, Jeff Kevin, what about our mission to spread Jesus's word, and teachings.It is so easy to say,"my conscience says this or that" rather than standing up and being counted, or sitting on the fence! To support one's church is to walk with its founder, Jesus Christ!

  10. "The Church is not omnipotent and, as history shows, has made many mistakes."
    True, but God IS omnipotent (Don't you think?) And the church follows him (which, as a Catholic, you understand, don't you?)

  11. Ultimately, why does marriage/civil unions hold more meaning when it applies to heterosexual partnerships? If nothing more than an outdated textbook Catholic /religious definition? Why do we constantly feel threatened by the 'other'? Why the need to feel comforted by the exclusivity of certain rights? What entitles you to greater access of these rights n privileges? Higher IQ, greater personality, morality etc?
    Why is it so confronting than human rights should apply to all?

  12. Merv: It's not a case of feeling threatened by the 'other', but a case of concern for the salvation of souls.

  13. All the comments from this article and the one of yeaterday - mine included, indicate that there is much to be discussed in the nation about gender, realtionships, commitment and marriage.
    The action by the ACT Government and in particular the Greens is meant to do one thing only, stifle any genuine process of discussing the topics.
    By all means have the national discussion, a proper public consultation and then a referendum vote. I, as Catholic could live with the decision either way.
    If the vote is for marriage only between a man and a woman and same-sex relationships afforded the legal protections to protect and uphold the dignity of the individulas, then I would know my duty as a citizen and as a Catholic to work for the protection of everyone's dignity within that decision.
    If the vote goes for marriage to be a relationship of two people from opposite or same sex, then as a Catholic and as a citizen, I would know my duty, to work for the protection of everyone's dignity within that decision. That particular decision would have to be worked through very carefully by legislators especially with regards to children within the relationships. I remain unconvinced that, as a general rule, society can legislate for a situation which enshrines a same-sex parental relationship as one of the ideal for the raising of children.
    However, that said, mainly to demonstrate to other posters that I do not approve of the ways in which some posters are voicing their anti same-sex relationship recognition arguments, I would be thinking that the Rudd Government may just approve the ACT Govt's legislation (or something similar) as a way governing for all, keeping marriage for men and women, but protecting the dignity of those entering into same-sex relationships.
    By the way, the Church expects Catholics to work for the protection of everyone's dignity, regardless of whatever standing the individual is in the Church.

  14. Fr Mick: That all sounds nice, but I think you should not forget that the Divine law and the natural law will be wronged by this legislation and all of this 'recognising of same sex commitment'.
    You "as Catholic could live with the decision either way". I would say that as a Catholic I could not live with an outcome that [further] entrenches the redefinition of normality in favour of homosexuality.
    I fear that this struggle is like unto 1938 - appeasement will in the end avail us nothing.

  15. Peter raises the issue of appeasement with regards to an acceptance of same-sex marriage legislation.
    Yes, I admit that any rapprochement could go that way, but as Catholics we remember our teaching that the sinner, to carry personal culpability, must know the gravity of the matter.

  16. Matthew: I have yet to meet a Catholic who actually believes everything the Catholic Church believes and teaches (although I have certainly heard some speak as though they do).
    Other posters: I have to say there continue to be good reasons why (soon to be Blessed) Henry Newman observed and said: the Roman Catholic Church is the most beautiful and the ugliest institution I have ever encountered.
    I refer to the tone of some of the posters on this topic.

  17. G'day Mike Yates; My name's Paul. Nice to meet you. I believe EVERYTHING the Catholic church believes and teaches, because Jesus guaranteed that it'd be what he'd want.

  18. Mike Yates (and Matthew): It's always revealing when the newly appointed custodians of unctuous righteousness choose to defend the "sanctity" of hetereosexual marriage with such gusto that you would think such was the central message of Jesus of Nazareth, but are all too often utterly ignorant of the social justice teachings of the same Church they think they stand for, let alone the actual Gospel message. I presume Matthew that you worship on a single bench occupied by you alone?

  19. Paul Keen: Jesus asks you to give all you have and own to the poor and the marginalised. Do you believe and follow that? Jesus did not anywhere in the Scripture establish the Roman Catholic Church as we know today by the way.

  20. A long time ago, say 2009 years ago, the world was a very religious place, there were gentiles & pagans those who still worshipped the Greek and Roman Gods and, of course, the Jews.
    Very much like today, they had their rules and regulations, they thought they were correct and everything they taught was right because they were charged with protecting the faith, which was received from divine inspiration – sound familiar?
    A comment was made on this post "Catholics are bound to believe that the Church’s teaching is God’s omniscient truth and she cannot possibly make a mistake." This is what was also taught 2009 years ago and for many millennia prior.
    So, just like the Catholic Church today, they preached the rules from the synagogues, from their soap boxes and on every street corner and from every tree. But were they right? Maybe sometimes, but often they were wrong. The solution = Jesus, the ultimate recalcitrant!
    I love my Catholic faith and the Catholic Church, but I will follow in Jesus' footsteps and challenge the authorities whenever they is in grave error. The Catholic Church is in danger of falling into “old ways again” – Keep the faith people and keep challenging, we will win!
    With warmest regards
    John

  21. Paul: You are a wonder. I'd love to have a conversation with you some time.
    I have to say though the second part of your statement is not entirely accurate. I know of nowhere where Jesus or the Church teaches that "Jesus guaranteed that it'd be what he'd want." He guaranteed the "gates of hell would not prevail against it" meaning it would and could not ever completely fail. That is my faith and I am sure it is yours also. But it would be hard to say (if I am understanding you correctly) that the Church would be what Jesus wanted. In fact, as Newman and many other faithful Catholics have said, including saints, the Church has been a mixture of the best and the worst.
    Mike Yates

  22. Mike Yates: Maybe you meant to say "I have yet to meet a Catholic who always acts as though he actually believes everything the Catholic Church believes and teaches"?
    John M: could you give an example from the Gospels of where our Saviour, as you claim, challenged the Jewish religious authorities and told the people that “they is in grave error”? As distinct from telling people not to imitate their practices “because they do not practise what they preach”.

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