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Rachel Cook
Photos: Iain Clacher
A lesbian couple in Queensland who were given assurance that
their Notice of Intended Marriage
with the state’s Registry of Births, Deaths and Marriages would be lodged (see story February 14), have
since learned their notice is invalid.
Sharon Dane and Elaine Crump presented
themselves to the Registry on Valentine’s Day and were told that staff could
not accept their notice under the Marriage
Act 1961.
 After the couple advised staff that they
would not leave until the document was accepted, the Registry relented.
“We said we wouldn’t leave until we spoke
to someone higher up, and when we spoke with the Development Officer at the
Registry, Colin Wood, he said he could see no reason why it [the notice]
couldn’t be documented,” Ms Dane told MCV.
“We were prepared for the long haul and for
them to say they couldn’t accept it, so we were surprised and pleased when they
did.”
After contacting the Queensland
Registry of Births Deaths and Marriages, MCV
was informed by the Registrar General, Mr David Mackie, that the notice should
not have been lodged.
“He [Colin Wood]
shouldn’t have accepted the document because you can’t
accept an invalid document,” Mr Mackie said.
“It shouldn’t have happened and we
won’t be practicing this again in the future.”
When asked if any other lesbian or gay
couples had tried to lodge a Notice of
Intended Marriage, Mr Mackie said, “We wouldn’t keep statistics on that as gay
people cannot marry, so such documents are completely invalid.”
“I think most gay people know what the law
states."
Through the closed blinds of the registry office, Crump & Dane signal their "small step" towards equal rights on Valentine's Day. The registry now says it cannot honour the document.
Ms Dane said she was disappointed the
registry had overturned their decision to accept the document.
“We know it can’t be processed, but all we
asked was to have our intention to marry documented; and we were assured by
someone that there was no reason that couldn’t happen, and that if the laws change
our notice would be valid. That was the first step we wanted to make.
“I am disappointed for us but also it’s the
staff on ground level who are faced with these uncomfortable situations, and
they don’t want to discriminate; but the law says they have to. Colin Wood was
clearly trying to help us in any way he could, and he is now on leave and we
don’t know if that’s willingly or unwillingly.”
Ms Dane told MCV that she and her partner want a written explanation as to why
the decision to accept the document was overturned.
“I have contacted the Registrar General and
he is not returning my calls."
The couple, who are both British citizens,
entered into a civil union last year at the British Consulate. They
say they won’t give up the fight until the Australian government introduces
same-sex marriage.
“The difference between civil unions and
marriage is the social inequality," Ms Dane said. "Even though they lead to the same rights, the
fact that they stipulate two different avenues implies they are not of equal
status."
Meanwhile, Greens
Senator Kerry Nettle this week introduced a Bill into parliament to amend the
Marriage Act 1961 and allow same-sex marriage.
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