Leslie Massey
On 9 December 2017, same-sex marriage was legalised in Australia, making it the 25th country to recognise same-sex marriage. This was the result of decades of campaigning by the LGBTQIA+ community and their supporters, and the amendment of the federal Marriage Act, which redefined marriage as 'the union of 2 people' to the exclusion of all others, voluntarily entered into for life. The passing of the bill was considered a watershed moment for equal rights in Australia, with Prime Minister Malcolm Turnbull stating, 'Australia has done it [...] we have voted today for equality, for love'.
| Characteristics | Values |
|---|---|
| Year of legalisation of same-sex marriage | 2017 |
| Date of legalisation of same-sex marriage | 9 December 2017 |
| Amendment of the federal Marriage Act | 9 December 2017 |
| Number of voters in the postal survey | 13 million |
| Percentage of voters in the postal survey | 80% |
| Number of voters who voted 'yes' in the postal survey | 61.6% |
| Year of decriminalisation of homosexuality in South Australia | 1975 |
| Year of decriminalisation of homosexuality in Australian Capital Territory | 1976 |
| Year of decriminalisation of homosexuality in Victoria | 1980 |
| Year of decriminalisation of homosexuality in the Northern Territory | 1983 |
| Year of decriminalisation of homosexuality in New South Wales | 1984 |
| Year of decriminalisation of homosexuality in Queensland | 1990 |
| Year of decriminalisation of homosexuality in Tasmania | 1997 |
| Year of removal of requirement for transgender people to divorce before registering an official change of gender on a birth certificate | 2018 |
| Number of same-sex couples in 2016 | 47,000 |
| Number of same-sex couples in 2021 | 78,000 |
| Percentage of increase in the number of same-sex couples from 2016 to 2021 | 68% |
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What You'll Learn
The history of LGBTQIA+ rights in Australia
Other states and territories followed suit over the next two decades: the Australian Capital Territory in 1976, Victoria in 1980, the Northern Territory in 1983, New South Wales in 1984, Western Australia in 1989, Queensland in 1990, and Tasmania in 1997. During this time, LGBTQIA+ rights activism was also gaining traction, with the formation of organisations like the ACT Homosexual Law Reform Society in 1969 and the Australian branch of the Daughters of Bilitis in 1970. The first public gathering of gay women and men in Australia, organised by CAMP, took place in 1971, marking the creation of an informal gay rights network across the country.
In the late 20th and early 21st centuries, Australia made significant strides towards LGBTQIA+ equality. Discrimination on the basis of sexual orientation and gender identity became prohibited in all states and territories, with concurrent federal protections in place since 2013. Australians can now legally register a "non-specific" sex on federal documents, and the 2026 Australian Census will include optional questions on sexual orientation and gender identity. Same-sex couples gained the right to adopt children in several states and territories, and in 2013, it became illegal to discriminate against same-sex couples and their children.
The legalisation of same-sex marriage in Australia in 2017 was a watershed moment for LGBTQIA+ rights. It came after decades of campaigning and a voluntary postal survey in which 61.6% of respondents voted 'yes'. The amendment of the federal Marriage Act gave same-sex couples the same right to marry as heterosexual couples, and Prime Minister Malcolm Turnbull celebrated it as a day for "love, equality, and respect". While Australia was the last of the Five Eyes countries to legalise same-sex marriage, it marked a significant step forward for LGBTQIA+ rights in the country.
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The 2017 postal survey
Nearly 80% of eligible Australians took part in the survey, with 61.6% voting 'yes'. The high turnout and margin of victory for the 'yes' campaign put pressure on the Australian Parliament to act. Just three weeks after the survey, the Marriage Act was amended, redefining marriage as 'a union of two people'.
The postal survey was controversial, with many in the community and parliament believing that marriage equality was a human rights issue that should be decided by parliament, rather than being put to a popular vote. There were also concerns about the cost of the survey, which was estimated at over $100 million.
Despite these objections, the survey was seen as a crucial test of public opinion and helped to pave the way for the legalisation of same-sex marriage in Australia. The amendment of the Marriage Act was the culmination of decades of campaigning by LGBTQIA+ communities and their supporters. The passing of the Bill was hailed as a watershed moment for equal rights in Australia, with Prime Minister Malcolm Turnbull declaring that 'Australia has done it. Every Australian had their say and they said, “It’s fair. Get on with it,” and the parliament has got on with it and we have voted today for equality, for love.'
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The Marriage Amendment (Definition and Religious Freedoms) Act 2017
The Act also repealed Section 88EA of the Marriage Act, which previously banned the recognition of same-sex marriages lawfully entered into in foreign jurisdictions. This change meant that same-sex marriages legally performed in other countries would automatically be recognised in Australia.
In addition to the changes regarding the recognition of foreign same-sex marriages, the Act also made amendments to other existing legislation, including the Evidence Act 1995, the Family Law Act 1975, the Acts Interpretation Act 1901, and the Defence Force Discipline Appeals Act 1955. These amendments primarily involved replacing references to "husband and wife" with more inclusive language, such as "parties to the marriage" or "spouse".
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The rise in same-sex couples living together
The legalisation of same-sex marriage in Australia in 2017 was a watershed moment for equal rights in the country. It was the culmination of decades of campaigning by the LGBTQIA+ communities and their supporters.
According to a report by the Australian Institute of Family Studies, there has been a sharp rise in the number of same-sex couples living together since the legalisation of same-sex marriage. In 2021, there were 78,000 same-sex couples living together, a 68% increase since the 2016 Census, which recorded 47,000 couples. As a proportion of all couples in Australia, same-sex couples accounted for 1.4% in 2021, up from 0.9% in 2016.
The report's co-author, Dr Lixia Qu, attributed the rise to the changes in the Marriage Act in 2017 and increasing societal acceptance of same-sex relationships. Dr Qu also suggested that same-sex couples may be more willing to disclose their relationships or choose to live together instead of maintaining separate households.
Another notable aspect of the report is the changing dynamics in marriage equality. In 1996, male same-sex couples accounted for 58% of all same-sex couples, while in 2021, the number was almost identical for both genders. This shift indicates a societal change, with same-sex couples feeling more comfortable disclosing their relationships and making decisions about their living arrangements.
Same-sex couples in Australia have access to various relationship recognition schemes, including civil partnerships in certain states and territories. These schemes provide options for couples even after the federal legalisation of same-sex marriage.
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The impact on transgender rights
Same-sex marriage was legalised in Australia on 9 December 2017, following a voluntary postal survey in which 61.6% of participants voted 'yes' to the question: 'Should the law be changed to allow same-sex couples to marry?'. This change in legislation had a significant impact on the rights of transgender Australians.
Before the legalisation of same-sex marriage, transgender people in Australia faced a number of legal challenges and discriminatory practices. One notable issue was the requirement for married transgender people to divorce their spouses before being able to legally change their gender on official documents, such as birth certificates and passports. This "forced divorce" law was repealed in South Australia in 2016, and in New South Wales in 2018, following a ruling by the United Nations Human Rights Committee that found that the law violated international human rights covenants. The legalisation of same-sex marriage in Australia further cemented this change, making it unlawful for states and territories to require transgender people to divorce before changing their legal gender.
The legal recognition of transgender identities in Australia has a longer history. In 1987, Estelle Asmodelle became the first legally recognised post-operative transgender person in New South Wales, marking a significant step forward in transgender rights. In 2014, the High Court of Australia ruled in the Norrie Case that Norrie May-Welby, a transgender person who had undergone sex affirmation surgery, could be registered as neither a man nor a woman. This decision established the legal system's recognition of a 'non-specific' gender classification.
Despite these advancements, transgender people in Australia continue to face challenges. For example, until 2024, transgender individuals in New South Wales were required to have undergone sex reassignment surgery to change their legal gender, and there have been reports of transgender individuals being banned from accessing gender-specific spaces, such as ladies-only pools. In 2024, the Equality Legislation Amendment (LGBTIQA+) Bill was passed, making it possible to change one's legal gender without surgery and criminalising the act of outing a transgender person. However, this bill has been criticised for being heavily modified and diluted.
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Frequently asked questions
Same-sex marriage became legal in Australia on 9 December 2017.
The process began with the decriminalisation of homosexuality in South Australia in 1975, followed by similar laws passed in other territories and states over the following years. In 2016, the government promised a national plebiscite to gauge public opinion on same-sex marriage, but this was not supported by the parliament. Instead, a voluntary postal survey was conducted in November 2017, with 61.6% of respondents voting 'yes'. On 29 November 2017, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 was introduced, amending the Marriage Act to define marriage as a "union of two people". The bill passed the Senate on 29 November 2017 and the House of Representatives on 7 December 2017. It received royal assent on 8 December 2017 and went into effect the following day.
The legalisation of same-sex marriage was a watershed moment for equal rights in Australia, marking the culmination of decades of campaigning by the LGBTQIA+ communities and their supporters. It sent a powerful message of equality, love, and respect. Additionally, there has been a sharp rise in the number of same-sex couples living together since the legalisation, indicating a societal shift and increasing acceptance of same-sex relationships in Australia.
Australia became the 25th country to recognise same-sex marriage when it was legalised in 2017. Other countries that recognise same-sex marriage include New Zealand, Canada, the United States, and several South American and European countries. As of 2018, around 76 countries still criminalise homosexual activity.
Yes, there were concerns raised by advocates and the intersex community about the inclusivity of the term "same-sex marriage" for transgender and intersex people. These concerns were addressed by the federal legalisation in December 2017, which amended the definition of marriage to "2 people", removing gender and sex-based restrictions. Additionally, laws were changed to remove the requirement for transgender people to divorce before registering an official change of gender on their birth certificates.
