Reassuring Fr Frank Brennan about same sex marriage

Some faith groups have no problem with homosexuality and their clergy desire to celebrate same sex weddings. Some faith groups have religious objections to homosexuality and object to the very idea of same sex marriage. Those different religious beliefs do not determine what is in the best interests of the child.

If Australia legally recognised same sex marriage, there is no reason why State adoption law would necessarily be changed at all.

Father Brennan does not need to receive this assurance, because adoption has nothing to do with same sex marriage.

The assurance that state authorised/funded assisted reproduction services would not be expanded to allow the creation of a child without just one known biological mother and just one known biological father

The rules governing assisted reproduction services are also a matter of State law. If same sex marriage were legally recognised, there is no reason why State assisted reproduction laws would necessarily be changed at all. In any case, as the Australian Human Rights Commission's Resilient Individuals report points out every State, except for South Australia already allows same sex couples access to assisted reproduction services.

As things stand today, a child may be created using sperm from an anonymous sperm donor. In other words, the law already allows the creation of a child without just one known biological mother and just one known biological father. In this case, the biological father is unknown.

The assurance Father Brennan seeks therefore has nothing to do with recognising same sex marriage.

The assurance that those who had religious objections to same-sex marriage would not be required by law to violate their own consciences in the performance of professional or artistic services (as distinct from the simple sale of goods or provision of other services) when that performance is usually enhanced by the person believing in the relationship that is being celebrated or sustained

It is not entirely clear what sorts of professional or artistic services Father Brennan is referring to because the provision of all services would seem to fall within Father Brennan's 'provision of other services' exception. Given that Father Brennan discusses aged care facilities, I will take that as an example.

State and Federal anti-discrimination laws already prohibit discrimination against same sex couples in the provision of services (with some limited exemptions). For example, Part 4C of the NSW Anti-Discrimination Act 1977makes it unlawful to discriminate against a person in the provision of goods or services or the provision of accommodation on the ground of the person's homosexuality.

Part II of the federal Sex Discrimination Act 1984 also makes it unlawful to discriminate against a person in the provision of goods or services or the provision of accommodation on the ground of a person's sexual orientation. Section 37 states that aged care facilities run by religious groups are not exempt from this prohibition against discrimination.

In other words, what Father Brennan seems to fear as a potential consequence of recognising same sex marriage is already the law right now. Recognising same sex marriage therefore has nothing to do with the issue.