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What's going on now?

There aren't any bills currently in the South Australian Parliament.

The South Australian Law Reform Institute (SALRI) is conducting an inquiry into the defence of provocation and specifically the 'gay panic defence' which provides a partial defence to murder on the basis that the victim made an unwanted 'homosexual advance'.

South Australia is the only state or territory in Australia which still has the gay panic defence, after Queensland passed legislation in March 2017 repealing the day panic defence.

What about in the rest of australia?

Marriage Law Postal Survey

At a federal level, the Australian Government is currently conducting the marriage law postal survey on whether same-sex couples should be allowed to marry.  There's lots that you can do:

1. Vote Yes and put your survey in your closest post box (go to www.voteyes.org.au to find it!)

2. Talk to your friends and family and ask them to Vote Yes for marriage equality as well.

3. Join a Calling Event or Door Knock at www.yes.org.au.

You can also put up posters, drop leaflets in letterboxes, volunteer doing data entry, and many more things - go to the Equality Campaign for the latest news.

In terms of what a marriage equality bill might look like, a Senate Committee has released a report about how marriage equality can happen in Australia.

stage 2 treatment

The Full Court of the Federal Court is currently considering what role the courts should play in transgender teenagers accessing stage 2 medical treatment. You can read the Human Rights Law Centre's fact sheet here and commentary on the case here.

We'll post more information when the decision is handed down.

WHAT IS COMING UP?

The South Australian Law Reform Institute has recommended that religious exemptions to anti-discrimination laws be re-considered, but no Bills have been tabled in relation to these issues.

what HAS ALREADY BEEN DONE?

The South Australian Government has already implemented the following reforms:

Statutes Amendment (Gender Identity and Equity) Act 2016

This Bill came into effect as law on 8 September 2016 and removed discriminatory gendered language from almost all South Australian laws.

Adoption equality in South Australia

Any two people who are living together in a marriage or marriage-like relationship can now jointly adopt children, regardless of their sex or gender. This means same-sex couples can now adopt. Single people will also be able to adopt children in special circumstances (more info here).

Equal access to ART and unpaid surrogacy laws in South Australia

All couples now have equal access to assisted reproductive treatment (e.g. IVF) and unpaid (altruistic) surrogacy in South Australia. Previously, only married heterosexual couples could access ART and IVF. Since the South Australian Government passed the law and it came into effect in March 2017, same-sex couples will be able to start a family using ART and surrogacy.

Easier administrative process for change of sex or gender identity on birth certificates

Trans, gender diverse and intersex people can now change the sex or gender identity on their birth certificate and ID reflect how they look and live their lives.  The simple administrative process will not require transgender people to undergo unnecessary surgery or to divorce their husband or wife to have their true gender recognised.

You can apply to change the sex or gender identity on your birth certificate by completing this form.

Relationship recognition in South Australia

All couples can now be recognised for important legal reasons, including overseas marriages of same sex couples not recognised by the federal Government, in medical emergencies, on death certificates and more (more information here).

Protection from discrimination for LGBTIQ people in South Australia

South Australia now protects LGBTIQ people from discrimination on the basis of a person's actual or perceived sexual orientation, gender identity or expression and intersex status.

For more information on making a discrimination complaint, go to www.eoc.sa.gov.au. 

Department of Education policy for trans and intersex students

The South Australian Government also introduced a Department of Education policy for trans and intersex students to support children and families to ensure their true name and gender are used in school. Students must also be supported by their school to use the toilets and wear the uniform of their gender. This policy has been strongly welcomed by education experts and South Australian trans advocates.

South Australian upper house motion in support of marriage equality 

On 15 February 2017, the South Australian Legislative Council passed a motion in support of marriage equality. The motion was supported by ALP, Liberal, Greens and independent MLCs in a conscience vote with 11 votes for and 6 against. The motion puts pressure on the federal government to put marriage equality to a vote in the Commonwealth Parliament.

state apology to lgbtiq community

Premier Jay Weatherill made a formal state apology to LGBTIQ South Australians who have been affected by discriminatory laws on Thursday 1 December 2016.

Photo of Premier Jay Weatherill delivering apology to the LGBTIQ community at Parliament House on 1 December 2016

Photo of Premier Jay Weatherill delivering apology to the LGBTIQ community at Parliament House on 1 December 2016

To LGBTIQ community members discriminated against in legislation, we offer you our unreserved and sincere regret and are sorry for those injustices...

When our laws discriminate against a particular group of people, it sends a message that this prejudice written into law justifies treating people differently in our day-to-day lives. Such laws do not affect only the LGBTIQ community, they diminish our society as a whole. They diminish us by saying effectively that there are certain people who deserve to be treated differently, whose relationships are worth less, whose families should not exist, who are not entitled to the same fundamental rights as their neighbour...

We should be building a safer, fairer future for the next generation of children so they never have to experience the kind of fear and harm that was a reality for people who grew up when homosexuality was a crime, and we should be ensuring that our laws apply equally, regardless of who you fall in love with, who your family is or the gender you live as.

- Premier Jay Weatherill, 1 December 2016

You can read the full text of the apology here, watch it on Gay Star News and read media coverage on the apology from the Daily MailAdelaide Advertiser, ABC News and the Star Observer.