Those married overseas gain more rights in Tasmania

SAME-SEX couples who are married overseas will have strengthened rights when they are in Tasmania under new regulations declared this week.

Rodney Croome

SAME-SEX couples who are married overseas will have strengthened rights when they are in Tasmania under new regulations declared this week.

Tasmanian Gay and Lesbian Rights Group spokesman Rodney Croome has welcomed the regulations but again expressed disappointment Australia does not recognise same-sex marriage in the Commonwealth Marriage Act.

Under the regulations, couples married in New Zealand, the United Kingdom and Ireland can be registered on Tasmania’s Significant Relationships Register, giving them next-of-kin rights.

Mr Croome said in 2010 Tasmania became the first state to recognise overseas same-sex marriages.

“It is important we keep this provision up to date so that married same-sex partners have the legal certainty other married couples take for granted,” he said.

“The recognition of overseas same-sex marriages is important both for Tasmanians who go to other countries to marry and visitors and immigrants to Tasmania who are already married overseas.

“The importance of this provision was highlighted by the case of a visiting British same-sex partner who was not treated as his late husband’s next of kin under South Australian law because that state did not have the provision that exists in Tasmania.”

In January, British man Marco Bulmer-Rizzi was shut out of decisions following the death of his partner David Bulmer-Rizzi in an accident because of South Australian law.

A government spokesman said the regulations allowed people whose same-sex marriages were registered overseas to be registered on Tasmania’s Significant Relationships register, should they move here.

“It does not, however, recognise them as being legally married in Tasmania.”

Mr Croome said while the regulations provide couples with legal certainty, it is insulting the marriages cannot be recognised as marriages under the federal Marriage Act.

“The solemn vows of lifelong commitment same-sex couples make in other countries should be respected by Australian law, but instead they count for nothing the moment couples walk through Australian customs.

“The only answer to this problem is reform the federal Marriage Act so same-sex marriages are recognised for what they are — full, legal, equal marriages.”

Originally published as Those married overseas gain more rights in Tasmania