Registration, marriage and civil unions
There has been much public discussion about the status of a Tasmanian registered Deed of Relationship compared to marriage, or to civil union schemes like the one recently put forward in the Australian Capital Territory.
The Tasmanian relationship registry allows couples who cannot marry, or choose not to marry, to nonetheless have their relationship publicly affirmed and to access virtually the same legal rights and responsibilities as married couples in state law.
In this regard it is identical to partnership registries and civil union schemes which operate in other countries.
The role of the Tasmanian relationships registry in validating and affirming personal relationships can be particularly important for people in same-sex relationships who are currently denied the right to marry the partner of their choice under Australian law.
However, it would be wrong to see Tasmania's relationships registry simply as a substitute for, or an imitation of, marriage.
Rather than admitting same-sex couples to an existing institution like marriage, or admitting them to a new marriage-like institution of the kind some civil union laws establish, the Tasmanian Relationships Act is an entirely new way of enfranchising, protecting and affirming relationships.
Old-fashioned terms such as "husband", "wife", "spouse" and de facto partner no longer exist in Tasmanian law, and have been replaced with new, more inclusive terms like "significant" or "caring partner".
These important reforms eliminate the traditional relationship hierarchy which put marriage and then de facto heterosexual unions above same-sex and other unions.
Tasmanian law now treats all these unions equally.
There are many other ways in which Tasmanian relationship law can be seen as an up-to-date way to recognise personal relationships that goes beyond marriage.
Whereas marriage and some civil union schemes confine the affirmation and rights of relationships to sexual, cohabiting couples, the Tasmanian relationship registry opens them up to a much wider range of partnerships.
Whereas marriage and some civil union schemes impose uniform obligations regarding life-long commitment on all couples, the Tasmanian relationship registry allows couples to define what type of commitment makes sense to them.
Whereas marriage and some civil union schemes dictate that couples must go through a prescribed ceremony before their relationship is legally recognised, the Tasmanian relationship registry allows couples to decide for themselves if and how they solemnise their union.
Whereas marriage has a unfortunate history of sexist and racist attitudes, the Tasmanian relationship registry is a new social institution based on principles of equity and inclusion.
We are proud of the Tasmanian relationship registry because it is flexible enough to accommodate the needs of those who are denied the right to marry, as well as those who wish to move beyond both marriage and those civil union schemes which seek to imitate marriage.
The Tasmanian relationship registry is an innovative, cutting-edge institution setting the agenda for relationships and their legal recognition into the 21st century.
