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== Legalisation status == |
== Legalisation status == |
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There is a small community of polyamorists in Australia who are working towards the removal of prejudice against multiple-partner relationships and ultimately to the legalisation of polyamorous marriage.<ref>{{cite news |url=http://www.theaustralian.com.au/news/features/three-in-marriage-bed-more-of-a-good-thing/story-e6frg6z6-1226218569577 |title= Three in marriage bed more of a good thing |author=Higgins, Ean|date= 10 December 2011|work=|publisher=[[The Australian]] |accessdate=11 December 2013}}</ref> |
There is a small community of [[Polyamory|polyamorists]] in Australia who are working towards the removal of prejudice against [[Polyamorous#Forms|multiple-partner relationships]] and ultimately to the legalisation of [[Group marriage|polyamorous marriage]].<ref>{{cite news |url=http://www.theaustralian.com.au/news/features/three-in-marriage-bed-more-of-a-good-thing/story-e6frg6z6-1226218569577 |title= Three in marriage bed more of a good thing |author=Higgins, Ean|date= 10 December 2011|work=|publisher=[[The Australian]] |accessdate=11 December 2013}}</ref><ref>{{cite news|url=http://www.theaustralian.com.au/news/nation/same-sex-first-then-polygamy/story-e6frg6nf-1226001084805|title=Same-sex first, then polygamy|author=Patricia Karvelas|publisher=The Australian|accessdate=27 October 2011|date=11 May 2014}}</ref><ref>{{cite web|url=http://www.news.com.au/national/confessions-of-a-polygamist-a-tale-of-one-mans-love-for-two-sisters/story-e6frfkvr-1226370398527|title=Confessions of a polygamist: A man's love for two sistersl|author= Tory Shepherd|date=29 May 2012|publisher=news.com|accessdate=11 May 2014}}</ref> |
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There have been a handful of Islamic leaders, particularly [[Imam]]s, who have pushed for the legislation of polygamous marriages in Australia,<ref>[http://www.voanews.com/ |
There have been a handful of Islamic leaders, particularly [[Imam]]s, who have pushed for the legislation of polygamous marriages in Australia,<ref>[http://www.voanews.com/content/a-13-2008-06-26-voa8/403481.html Muslim Leaders Call for Australia to Recognize Polygamy]</ref><ref>[http://www.adnkronos.com/AKI/English/Religion/?id=1.0.2281097575 Australia: Polygamy should be legal, says sheikh]</ref><ref>[http://www.theage.com.au/national/legalise-polygamous-unions-muslim-leaders-20080624-2w68.html Legalise polygamous unions: Muslim leaders]</ref> which has stirred a controversial and emotional debate throughout the nation.<ref>[http://www.onislam.net/english/news/asia-pacific/413700.html Australia in Muslim Polygamy Debate]</ref><ref>[http://www.sfgate.com/cgi-bin/blogs/worldviews/detail?blogid=15&entry_id=27612 Polygamous marriages, in Australia?]</ref> Proponents of polygamy have claimed that such legislation would "protect the rights of women,"<ref>[http://newsblaze.com/story/20080902140449iwfs.nb/topstory.html Australia: Polygamous Marriages, Multiple Reactions]</ref> while opponents have claimed that it would "endanger the Australian way of life."<ref>[http://www.heraldsun.com.au/news/polygamy-the-right-to-put-down-women/story-e6frf7jo-1111116747515 Polygamy - the right to put down women]</ref> |
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In response to the intensifying debate, Australia's former [[Attorney General]] [[Robert McClelland (Australian politician)|Robert McClelland]] remarked that "There is absolutely no way that the government will be recognising polygamist relationships. They are unlawful and they will remain as such. Under Australian law, marriage is defined as the union of a man and a woman to the exclusion of all others. Polygamous marriage necessarily offends this definition."<ref>[http://www.abc.net.au/news/stories/2008/06/25/2285423.htm No recognition for polygamous marriage]</ref> |
In response to the intensifying debate, Australia's former [[Attorney General]] [[Robert McClelland (Australian politician)|Robert McClelland]] remarked that "There is absolutely no way that the government will be recognising polygamist relationships. They are unlawful and they will remain as such. Under Australian law, marriage is defined as the union of a man and a woman to the exclusion of all others. Polygamous marriage necessarily offends this definition."<ref>[http://www.abc.net.au/news/stories/2008/06/25/2285423.htm No recognition for polygamous marriage]</ref> |
Revision as of 08:04, 11 May 2014
Template:LROP Polygamous marriages may not be performed in Australia, and the practice of polygamy is prohibited in the country.[1] A person who marries another person, knowing that the previous marriage is still subsisting, commits an offence of bigamy under section 94 of the Marriage Act 1961, which carries a maximum penalty of 5 years imprisonment, and the second marriage is void.[2]
However, much like the situation in the United Kingdom, polygamous marriages conducted in jurisdictions that legally recognize and perform such unions may be legally valid in Australia for some purposes.[3][4] While the extent of benefits granted to a foreign polygamous marriage are unclear, benefits such as welfare are legally granted to each spouse and their children.[5] In addition, the polygamous marriage is recognized for the purpose of a spouse having access to the Family Court for divorce, property settlement and children issues.[6]
Polyamory in Australia
In the lead-up to the 2012 Sydney Gay and Lesbian Mardi Gras LGBTI polyamorists were offended when their application to enter a float was questioned. A concern for Mardi Gras organisers was reconciling any endorsement of polyamorous relationships, while at the same time promoting marriage equality for couples. Polyamorists felt excluded particularly as the Mardi Gras theme was "universal and infinite love".[7] The issue was resolved by having restrictions placed on the polyamory group's signage within the parade.[8] A polyamory float was entered in the 2012 Sydney Gay and Lesbian Mardi Gras based on the theme "Queer Polyamory".[9] There was a polyamory float in the 2014 Mardi Gras, themed, "Polyamory Sydney ‘Birds of a Feather, love together’ – the infinite love Nest".[10]
Legalisation status
There is a small community of polyamorists in Australia who are working towards the removal of prejudice against multiple-partner relationships and ultimately to the legalisation of polyamorous marriage.[11][12][13]
There have been a handful of Islamic leaders, particularly Imams, who have pushed for the legislation of polygamous marriages in Australia,[14][15][16] which has stirred a controversial and emotional debate throughout the nation.[17][18] Proponents of polygamy have claimed that such legislation would "protect the rights of women,"[19] while opponents have claimed that it would "endanger the Australian way of life."[20]
In response to the intensifying debate, Australia's former Attorney General Robert McClelland remarked that "There is absolutely no way that the government will be recognising polygamist relationships. They are unlawful and they will remain as such. Under Australian law, marriage is defined as the union of a man and a woman to the exclusion of all others. Polygamous marriage necessarily offends this definition."[21]
See also
References
- ^ Rights charter is from 2009 [dead link]
- ^ Sect 23(1)(a) of the Marriage Act 1961
- ^ Probing polygamy [dead link]
- ^ Islamic Polygamy, Western Monogamy
- ^ Probing polygamy [dead link]
- ^ Sect 6 of the Family Law Act 1975
- ^ Akersten, Matt (4 February 2012). "Polyamorists defend parade spot". Same Same. Retrieved 6 March 2014.
- ^ Noonan, Andie (12 February 2012). "Poly conflict resolved". Star Observer. Retrieved 6 March 2014.
- ^ "Every float, every group– Mardi Gras Parade2012 revealed". Same Same. 24 February 2012. Retrieved 11 December 2013.
- ^ "Mardi Gras Parade 2014 – All the floats you'll see". Same Same. 27 February 2014. Retrieved 6 March 2014.
- ^ Higgins, Ean (10 December 2011). "Three in marriage bed more of a good thing". The Australian. Retrieved 11 December 2013.
- ^ Patricia Karvelas (11 May 2014). "Same-sex first, then polygamy". The Australian. Retrieved 27 October 2011.
- ^ Tory Shepherd (29 May 2012). "Confessions of a polygamist: A man's love for two sistersl". news.com. Retrieved 11 May 2014.
- ^ Muslim Leaders Call for Australia to Recognize Polygamy
- ^ Australia: Polygamy should be legal, says sheikh
- ^ Legalise polygamous unions: Muslim leaders
- ^ Australia in Muslim Polygamy Debate
- ^ Polygamous marriages, in Australia?
- ^ Australia: Polygamous Marriages, Multiple Reactions
- ^ Polygamy - the right to put down women
- ^ No recognition for polygamous marriage