Recognition of same-sex unions in Australia

Same-sex unions are treated as de facto unions under Australian federal law, though each Australian state and territory is entitled to create their own laws with respect to same-sex relationship registers and same-sex partnership schemes. Civil unions and domestic partnerships are available to same-sex couples in most states and territories. Same-sex couples are prevented from marrying by the 2004 amendments to the federal Marriage Act (1961) by the Howard Government.

As of September 2016, 21 same-sex marriage related bills have been introduced in the Parliament of Australia, none of which have passed and become law. In December 2013, the Australian Capital Territory (ACT) passed legislation which briefly legalised same-sex marriage within the territory, prompting the Federal Government to launch a constitutional challenge in the High Court. The High Court struck down the ACT legislation on the basis that the law was inconsistent with federal legislation, which defines marriage as between a man and a woman. The current Coalition Government proposed to hold a plebiscite on same-sex marriage in February 2017, though this was rejected by the Australian Senate in November 2016.

The opposition Labor Party supports same-sex marriage in its national platform, though allows its parliamentary members a conscience vote on same-sex marriage legislation.

De facto unions, defined in the federal Family Law Act 1975, are available to both same-sex and opposite-sex couples. De facto relationships provide couples who are living together on a genuine domestic basis with many of the same rights and benefits as married couples. Two people can become a de facto couple by entering into a registered relationship (i.e.: civil union or domestic partnership) or by being assessed as such by the Family Court or Federal Circuit Court. Couples who are living together are generally recognised as a de facto union and thus able to claim many of the rights and benefits of a married couple, even if they have not registered or officially documented their relationship.

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