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Australia: Gender-discrimination challenge to equal marriage ban thrown out by judge

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  1. Let’s imagine the situation in Canada when English becomes forbidden for English speakers and French – for French speakers. There would be no discrimination by nationality since everyone would be discriminated equally?

    1. Or laws preventing blacks and whites from marrying. No discrimination there because, in the idiot judge’s view, white people can’t marry someone of a different skin colour and black people can’t marry someone of a different skin colour. So everyone’s treated equal…

  2. Lukefromcanada 22 Feb 2013, 5:22pm

    would it change anything if they refiled their claim based on sexual orientation discrimination?

  3. Unfortunately the argument of gender discrimination changes depending on how you phrase it.

    The Judge phrased it as, “A man cannot marry a person *of the opposite sex*, just as a woman cannot marry a person *of the opposite sex”, therefore it is not discrimination.

    However, if we be a bit more specific with our terms, ie. “A man cannot marry a man, whereas a woman can marry a man”, then it becomes gender based discrimination.

    1. I didn’t think of it that way, good point.

      But at the same time, I think trying to argue for equal marriage from a gender-discrimination angle isn’t the way to go.

  4. Gay Activist Paul Mitchell 23 Feb 2013, 2:10am

    How embarrassing that Australia is even behind the US on marriage equality – because 10 jurisdictions (9 states plus DC) in the US have full marriage equality and NOT ONE state out of 6 states in Australia has marriage equality!

    If someone of the same sex can not marry someone of the same sex, whereas someone of the opposite sex can marry someone of the opposite sex THAT THAT IS DISCRIMINATION PLAIN AND SIMPLE!

    Lets go back in time to 20 years ago (in 1993) and look at this case in Hawaii!

    You know what I mean, because it is the exact same court case – based on SEX discrimination!

    http://en.wikipedia.org/wiki/Baehr_v._Miike

    http://www.nytimes.com/1993/05/07/us/in-hawaii-step-toward-legalized-gay-marriage.html

    This was the federal “trigger” that federally in US Congress that made a horrible, bigoted and unconstitutional 1996 DOMA law!

  5. PeterinSydney 23 Feb 2013, 8:44am

    Uganda will get equal marriage before Australia thanks to our homophobic leaders.

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