This hope is nice, but unrealistic, I think. It maybe correct regarding examples from some parts of USA (marriage law in Massachusets 2003/04, Conecticute 2008, Iowa 2009, California 2008 (before Prop.8); civil union law – Vermont 1999/2000 (marriage comes 2009), New Jersey 2006). But only state in the world, where same-sex marriage became legal on basis of constitutional anti-discrimination clause was South Africa 2005/06. The decisions of Constitutional Courts of Portugal, France, and of European Human Rights Court in Strasbourg was different.
However, this could be a ‘back door’ approach to allow the govt (ie Julia Gillard) to accept marriage equality without losing face after their (her) stance.
I was born in Australia, live and work here. Also I am a gay activist.
Actually Pinknews should get their facts right – the Australian Commonwealth Fair Work Act 2009 ALREADY bans discrimination on the basis of “sexual preference” for employment only, but not for both gender identity and relationship status!
The Fair Work Act 2009 was modelled on the previous Workplace Relations Act 1996 (introduced by the Howard Conservative Government). So you all actually should thank the Howard Government for including sexual preference in the 1996 law. The amendments to the Workplace Relations Act 1996 passed when Howard won the 1996 Election.
Then when Howard controlled the Senate as well and rammed horrible laws through without any scrutiny or checking – especially in 2006 called “workchoices” and stripped people’s rights away from many areas.
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In 2007 Labor party won the Election with Kevin Rudd as leader signed the Kyoto Protocol, repealed workchoices completely by introduced the Fair Work legislation, passed laws for same sex couples to be recognised as de facto couples in the same way as opposite sex couples and also promised to consolidate anti-discrimination legislation – 5 years later the promise has finally just been introduced!
The legislation just released 2 days ago is called the “Human Rights and Anti-Discrimination Bill 2012” [exposure draft] just consolidates 5 acts into one – just like what the United Kingdom have done last year with the “Equality Act 2011”!
The new law does include sexual orientation, gender identity and marital or relationship status – with very broad educational and religious exemptions.
Also I should recommend that the Fair Work Act 2009 be amended by omitting “sexual preference” and replacing the words with “sexual orientation” to sound less insulting to LGBT people. The words “sexual preference is listed in the 789 pages of the Fair Work Act 2009 in a total of seven (7) times.