As the debate around the Australian Marriage Law Survey rolls on, there has been plenty of talk on both sides about rights and consequences.
Mr Abbott's claim is exaggerated. On paper, same-sex couples in a settled relationship do have the same broad set of rights as opposite-sex couples who are married. This is because, over more than a decade, federal, state and territory governments have made real efforts to standardise the rights of same-sex, de facto and married couples. At a federal level, the Rudd government introduced significant reforms over a broad range of policy areas in 2008. And all states (except WA) and the ACT allow same-sex couples to obtain official registration of their relationship. This makes it easier for them to prove their relationship when asked. Meanwhile, IVF treatment is open to same-sex couples Australia-wide, and same-sex couples (outside of the NT) can adopt children. But on a practical basis, same-sex couples have to deal with administrative hassle and uncertainty that opposite-sex married couples never have to face. Those who have not (or cannot) register their relationship may have to prove their de facto status when dealing with hospitals, Centrelink and other areas of government. This can lead to same-sex couples having to disclose personal information to strangers or faceless government officials, which can be invasive and traumatic, particularly during a partner's illness or if some branches of the family do not get along. By contrast, married people can simply use their marriage certificate as proof of their relationship. Same-sex couples also must hope that government officials in health, welfare or other areas understand the complexities of the law around de facto relationships and will apply it correctly. A married couple knows their relationship will be recognised even in the most shambolic of bureaucratic systems.
Fact check: Do same-sex couples in a settled domestic relationship have the same rights as married couples?
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