Key Points
- Advocates say a temporary pandemic measure provided protection for persecuted same-sex couples.
- The rule allowed a key marriage form to be signed by an authorised marriage celebrant remotely.
- Advocates say the rule allowed those who have yet to come out to be protected in their move to seek marriage.
Marriage laws intended to give couples more flexibility through the COVID-19 pandemic offer LGBTQI people critical protection from discrimination and persecution, an advocate says.
The Equality Network founder Bronte Price is calling for the Marriage Act to be amended to allow couples to sign notices of intended marriage - a form that needs to be completed at least a month in advance of the marriage ceremony - remotely and have them witnessed by a celebrant over video chat.
Existing COVID laws allow couples to do just that but the measure is due to be repealed on December 31.
"This move to enable a celebrant to witness remotely the signing of a notice of intended marriage needs to be made permanent," Mr Price told AAP.
"It's not just for the convenience of anyone. There's still a lot of queer people in Australia who are not out."
In a letter to the federal Attorney-General’s Department (AGD), Mr Price – a registered marriage celebrant – pointed to one immigrant female couple who crossed the Victorian border from their country town and travelled to Melbourne to have him witness their signing.
They did so before the COVID measure kicked in, and out of fear they would be targeted with homophobic remarks if they went to a local authorised witness and "word got around".
The COVID measure would have saved them their anguish, Mr Price said, and the same went for overseas couples who faced much harsher consequences if they were outed.
Many overseas-based LGBTIQ+ people opted to get married in Australia given it was uncomplicated and relatively cheap, Mr Price said.
At least one member of an overseas couple had to sign a notice of intended marriage in front of an authorised witness in their country – for example, an Australian Embassy or consulate staffer.
Mr Price argued those officials in countries burdened by homophobic, biphobic and transphobic societal attitudes shared similar views to the people around them.
If a local witness was to out a couple to authorities, the couple would face imprisonment or execution in some cases.
They could fly to Australia to have their signing witnessed one month ahead of their ceremony but at an immense cost most couldn’t afford, Mr Price said.
Then, there was the issue of couples with one partner still overseas having to show evidence of their relationship when applying for a prospective marriage visa.
For one man Mr Price dealt with, having such evidence – including joint bank accounts, real estate or regular calls – would have meant death.
He and his partner had their application for a prospective marriage visa denied but appealed the matter at a tribunal.
The decision was overturned and they were ultimately granted the visa, Mr Price said.
"I have no doubt that neither of them would be alive today if the visa had not been granted," he said in the letter to the AGD.
The department confirmed it received Mr Price’s letter, in which he described the COVID signing measure as an important step towards the fairer treatment of people.
Overseas partners could, until December 31, get a local authorised witness to observe them signing a notice of intended marriage remotely, a spokesperson for the department said.
"Any proposed reform of the legal framework for marriage in Australia requires great care, especially when considering the potential risk of harm faced by LGBTQIA+ couples arising from the status of same-sex marriage in their home country," they said.
"Overseas LGBTQIA+ couples should, where possible, seek safe and culturally appropriate legal advice in response to their individual circumstances."
All non-citizens who entered Australia had to satisfy the requirements of both the Migration Act 1958 and the Migration Regulations 1994, a Department of Home Affairs spokesperson said.
Visa applicants were considered on an individual basis and against legal requirements.
"Australia’s Migration Program is based on a universal, non-discriminatory visa system,"the Home Affairs spokesperson said.
LGBTIQ+ refugees have been resettled in Australia under the country’s humanitarian program for a number of years.
Mr Price is waiting on a formal response from the Attorney-General’s Department.
