The SA Law Reform Institute has recommended key changes to SA laws in order to treat same-sex couples exactly the same as those of the opposite sex.
However FamilyVoice national research officer Ros Phillips says a rethink is needed.
“The law should treat the same things the same,” she said today. “But same-sex couples are fundamentally different from opposite sex couples, who together have the potential to create, produce and raise the next generation.
“Institute director Professor Williams claims that a new law is needed to deal with very rare cases such as the death certificate of David Bulmer-Rizzi, who died in a tragic accident in Adelaide after marrying his male partner in England.
“Initially Marco Bulmer-Rizzi was told the death certificate would say ‘never married’. But as SA Premier Jay Weatherill explained on ABC TV, the government intervened before the certificate was issued, inserting a statement referring to the British same-sex marriage. The UK government issued a separate death certificate.
“So there was no need for a law change to deal with this sensitive but very rare issue,” Ros Phillips said.
She also pointed out that there are good reasons for different rules about birth certificates of children born to a married couple compared to those born to a lesbian mother living with a female partner with no biological link to the child.
“Birth certificates should tell the truth about the baby’s biological origins,” Mrs Phillips said. “That cannot happen when a baby is said, falsely, to have two ‘mothers’.
“At the very least, the law should try to ensure that the relationship between those caring for the child is secure, rather than a ‘one-night stand’.
“The SA Law Reform Institute does not appear to have taken these concerns seriously.”
- Marriage and sexuality