Table of contentsMarriage Amendment Act 2004From 2004 to 2017ReferencesAustralians rejoiced on December 7, 2017 with the promulgation of the law authorizing same-sex marriage, the Marriage Amendment (Definition and Religious Freedoms) of 2017 , was passed by the Australian Parliament and received Royal Assent from the Governor-General the following day. Say no to plagiarism. Get a tailor-made essay on 'Why violent video games should not be banned'? Get an original essay With this, Australia becomes the 26th nation in the world to have legalized same-sex marriage, sending a strong message of unity and of equality for its citizens, across the world, and thus inspiring other countries to follow the example. India's top court has already reignited the debate on homosexuality in India and now a larger constitutional court will re-examine its 2013 judgment upholding the validity of the section. 377 of the IPC which criminalizes gay sex. As people around the world recognize the rights of the long-suppressed LBTQI community, same-sex marriage has sparked many heated debates at different stages in national and international forums around the world. We tried to analyze the situation and the whole process. and Australia and tried to relate it to India.History of Marriage Act 1961 (Australia)In Australia, the Marriage Act 1961 is the current law that regulates marriage law in Australia. The Act was passed by the Australian Parliament and applies uniformly throughout Australia (including its external territories); and any law passed by any state or territory which is inconsistent with the law is invalid. The Act is passed pursuant to the power granted to the Federal Parliament under section 51(xxi) of the Australian Constitution. The law only recognizes marriages of two people and does not recognize any other form of union, including traditional indigenous unions. v Hyde (1866) was considered supreme. Although section 46(1) of the Act required celebrants to explain the legal nature of marriage in Australia to a couple as "the union of one man and one woman to the exclusion of all others, voluntarily entered into for life', these words were descriptive or explanatory, rather than describing what constituted a legally valid marriage in Australia. On 27 May 2004, the then Federal Attorney General Philip Ruddock introduced the Marriage Amendment Bill 2004 to incorporate a definition of marriage into the Marriage Act 1961 and prohibit recognition. same-sex marriages legally concluded in foreign jurisdictions. In June 2004, the bill passed the House of Representatives. On August 12, 2004, the amendment was adopted by Parliament. The Bill subsequently received Royal Assent, becoming the Marriage Amendment Act 2004. The amendment incorporated a definition of marriage into section 5 of the Act, known as the interpretation section: "the Marriage means the union of a man and a woman to the exclusion of all. others, voluntarily committed for life.” and inserted a new article:88EA Certain unions are not marriagesUnion solemnized in a foreign country between:(a) a man and another man; or(b) a woman and another woman; should not be recognized as a marriage in Australia. Thus, the Marriage Act Amendment made all same-sex marriages illegal and banned all other same-sex marriages. The Prime Minister at the time, John Howard, rushed the amendment through Parliament, without any plebiscite, which we believe was unethical and a public majority should have been considered without make major changes to the law on marriage.From 2004 to 2017Between During these 13Over the years there have been 22 attempts to recognize same-sex marriage in Australia under federal law, but all have failed. After the 2004 amendment, many ministers attempted to introduce and reintroduce the same-sex marriage bill in parliament.parliament. Michael Organ of the Greens, introduced the Same-Sex Relations (Securing Equality) Bill 2004 and the Democrats the Same-Sex Marriage Bill 2006 to the next parliament. Four other bills were introduced in the Senate during Howard and Rudd's period, although all were defeated or abandoned in Parliament. Greens senator Sarah Hanson Young's 2009 bill to legalize same-sex marriage was the first marriage equality bill considered by a parliamentary committee. In November 2009, the Legal and Constitutional Affairs Legislation Committee, despite recommending reforms designed to create a nationally consistent recognition system for same-sex relationships, recommended that the Marriage Amendment Bill for Hanson-Young's 2009 equality bill is not adopted. Prior to the committee's decision, the largest pro-same-sex marriage protests in the country's history took place on August 1, 2009, in various cities across Australia. The bill was voted on in the Senate on February 25, 2010. The bill was defeated by a margin of 45 to 5, with only Green senators voting in favor of the bill and many senators absent during the Conference national election of December 2011, Labor overwhelmingly approved a change in the party's program, in favor of the legalization of same-sex marriage. Prime Minister Gillard, who had expressed her personal objection to same-sex marriage, sponsored a motion to allow MPs and Senators to vote freely on same-sex marriage legislation. In February 2012, two bills allowing same-sex marriage in Australia were introduced. during the 43rd legislature. On September 19, 2012, the House of Representatives voted against passing his same-sex marriage bill by a margin of 98 to 42. On September 20, 2012, the Senate also rejected his same-sex marriage legislation, by 41 votes to 26. In November 2014, Liberal Democratic Party Senator David Leyonhjelm reintroduced the Freedom to Marry Bill 2014 in the Senate, but in March 2015 Leyonhjelm had postponed the impending second reading of his bill due to the refusal of the Coalition party room to debate a free vote on the bill. On 11 August 2015, Prime Minister Abbott, in response to the cross-party bill to legalize same-sex marriage being introduced into Parliament, called a special joint meeting of the Liberal and National parties. The six-hour meeting resulted in 66 Coalition MPs voting against a free vote on same-sex marriage legislation and 33 voting in favor of a free vote to debate a free vote on the legislation. In 2016, there was speculation about the plebiscite. to hold or not. Coalition MPs opposed it and so the government sought support from the opposition Labor Party. On 14 September 2016, Prime Minister Turnbull introduced the Plebiscite (Same-sex Marriage) Bill 2016 into the House, the bill to create the plebiscite. Under the provisions of the legislation, Australian voters would be required to write "yes" or "no" in response to the question "Should the law be changed to allow same-sex couples to marry?" But when the bill moved from the House to the Senate, it failed and the matter subsequently/25/2/135/1049942)