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Recommendation 223

Legally recognize same- sex marriage

State
Spain
Issue
Domestic legal, institutional and policy frameworks
Population group
Lesbian, gay, bisexual, trans, and/or intersex (LGBTI) people
Australian Government Agency and/or Jurisdiction
• Attorney-General's Department
Australia's Response
Notes
Australia's Position

Responsibility for marriage laws in Australia rests with the Australian Government. On 7 December 2017, the Australian Parliament passed legislation to amend the Marriage Act 1961 (Cth) to redefine marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'. From 9 December 2017 the right to marry under Australian law will no longer be determined by sex or gender. From 9 December 2017, foreign same-sex marriages are also legally recognised in Australia, including foreign same-sex marriages that took place before 9 December 2017.