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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Subject: Gay (etc) marriage. Q: What are the benefits to

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Subject: Gay (etc) marriage. Q: What are the benefits to gays in being married.
There is very little discussion of the pros and cons in the media, only generic statements and political argument by the fore's and against's. I note that the rate of hetero marriage is falling in preference for partnership. I also noted a recent impassioned statement by Penny Wong (whom I admire although I do not often agree with her politics), but this was about referendum v parliament decision.
I have no position on this subject being personally not affected, but would like some information prior to a personal decision.
Regards, Steve

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 2 months ago.
G'day Leon. Chat or email/internet is fine. I am monitoring this website now

Good Evening

At the moment they do not have the right to get married.

What that means is, when it comes to making claims on Superannuation, other assets etc they have to prove the relationship. This is the same with any defacto couple whether same sex or not.

Being married the authorities rely on that certificate and family members that do not like the partner cannot make their life difficult if the other partner dies.

Also marriage is a commitment. You cannot simply walk away. In order to end it you need a court order. To be married the state acknowledges the relationship and you can walk into a hospital and have rights simply because you have a marriage certificate.

Defacto couples are recognised under the law and have the same rights when they separate as married couples. But when it comes to seeing your partner in hospital, making decisions for them as next of kin, etc a partner in a marriage only has to show the certificate. Defactos have an uphill battle particularly if the family of their partner want to keep them away. This does not apply just to same sex it is to all defactos.

The difference is heterosexual couples can choose to marry or not. Same sex do not have that option they can only be defactos.

So a right to be married allows them the same rights as heterosexual couples.

They cannot be shut out by their partners family as they can with defactos.

By allowing marriage the government is saying all people no matter what their sexual orientation is have the same rights. That is simply it.

As a solicitor I have seen horrible situations where the partner of the deceased is not included in the decisions of funerals etc with the family keeping them out, this would not happen if married because they do not have to fight hard to prove the relationship.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Regards
Leon

Customer: replied 2 months ago.
Thank you, ***** ***** have confirmed reasons that I have been only vaguely aware of for approving same sex marriage. I note again that these and associated arguments for the same sex marriage are rarely aired in newspapers, or even on ABC Radio which is my main source of information. The question of referendum or parliamentary decision is a separate issue, a political issue driven by party politics and, in many cases, bigotry.
Manu thanks for your advice, regards, Steve.

Good Evening

They are not.

It disappoints me that politicians that are entrusted with making sure we get the relevant information fails us.

All the best and good luck.

Take care

Leon

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