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Following the Legislative Leaders: Judicial Recognition of Same Sex Couples in Australia and New Zealand


Rundle, OC, Following the Legislative Leaders: Judicial Recognition of Same Sex Couples in Australia and New Zealand, Same-Sex Couples before National, Supranational and International Jurisdictions, Springer, Danielle Gallo, Luca Paladini, Pietro Pustorino (ed), Berlin, pp. 127-160. ISBN 9783642354335 (2014) [Research Book Chapter]

Copyright Statement

Copyright 2014 Springer

DOI: doi:10.1007/978-3-642-35434-2_6


© 2014 Springer-Verlag Berlin Heidelberg. All rights reserved. The rights of same-sex couples in Australia and New Zealand have been progressed significantly, primarily through legislative action. The New Zealand Parliament recently legislated for same-sex marriage. Despite attempts, same-sex marriage has not been achieved in Australia, although at the time of writing there were bills before Parliaments that, if passed, would enable same-sex marriage at either the State/Territory or Federal level. This chapter describes the legal order and legislative regimes in each country. It explains the contributions of the judiciary to law reform, judicial reflection of societal attitudes and the way that judges have applied laws to same-sex couples. The judiciary have generally embraced the legislature's lead towards equality enthusiastically, although some examples of homophobia and homo-ignorance are evident. Judges have been less able or prepared to promote same-sex couples' rights where the legislature has not taken the lead.

Item Details

Item Type:Research Book Chapter
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Law and society and socio-legal research
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Rundle, OC (Dr Olivia Rundle)
ID Code:89516
Year Published:2014
Deposited By:Faculty of Law
Deposited On:2014-03-06
Last Modified:2017-12-14

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