Different Routes to Relationship Recognition Reform: A Comparative Discussion of South Africa and Australia

Abstract

Relationship recognition has profound implications for the dignity, equality and property rights of disadvantaged groups. The paper will consider the often intertwined interests of women and gay men and lesbians in relationship recognition reform. It will also address situations where these interests sometimes diverge depending on how the reform debate is framed. It will compare South Africa’s recognition of same- sex marriage and its failure to protect the rights of domestic partners with recent proposals in Australia to remove discrimination against gay and lesbian couples and their children in federal legislation. The paper will focus on the varied roles played by law reform bodies, legislators and the courts in these two separate processes as well as touching on the approaches of some of the social movements in lobbying for changes. It will conclude with the caution that relationship recognition through law must challenge conservative legal and social categories if the rights and interests of people in choosing the forms of family appropriate for them are to be advanced.