The legal recognition of same-sex unions in Australia : a constitutional analysis

The Marriage Equality Amendment Bill 2010 (Cth) currently before federal Parliament amends the present legislative definition of marriage to include same-sex unions. This article provides a constitutional analysis of the scope of the marriage power, s 51(xxi) of the Australian Constitution , through examination of the Bill and other existing and proposed legislation. It argues that if the High Court considered "marriage" to be a constitutionalised legal term of art, it could accommodate post-federation development at common law and in statute to the institution of marriage. It also argues that the presumption in favour of constitutionality ought to be at its strongest with federal legislation determining complex and intractable moral issues. The article explores the constitutional vulnerability of current same-sex union legislation and possible future legislation providing for recognition of the functional equivalent of "marriage". In addition, the article considers the constitutional foundation of a national framework to provide official legal recognition of same-sex relationships.

Bisexual parents and family diversity : findings from the work, love, play study

This article reports on findings from the Work, Love, Play study, an Australian/New Zealand study of same-sex attracted parents. There were 48 parents in this study who identified as bisexual. There was a diversity of contexts in which people in this sample were parenting: heterosexual relationships, same-sex relationships, coparenting with ex-partners or nonpartners, and sole parenting. A large number of these bisexual parents had experience of divorce or separation since having children, but most reported positive aspects to their parenting relationships with ex-partners. Very few people in this study reported that bisexual identity created difficulties for them as a parent.

Gender, sexuality and embodiment : access to and experience of healthcare by same-sex attracted women in Australia

This article identifies the way same-sex attracted women negotiate healthcare in a rural Australian setting. In-depth interviews were conducted with 10 women. Respondents choose general practitioners (GPs) carefully, `interviewing' them to see if they hold acceptable attitudes to same-sex attraction. However, sexuality is not the only evaluative criteria women use. Some women invoke gender-based discourse, evaluating GPs by how well they treat women's bodies. In other instances, women utilize a framework based on sexuality; good healthcare is associated with how the practitioner dealt with same-sex attraction. Sometimes women evaluated care by reference to a model of the body that did not implicate gender or sexuality and GPs are evaluated on the basis of clinical knowledge. This shows that women do not define themselves in a unitary way in relation to gender or sexuality. They selectively and strategically employ discourses of gender, sexuality and embodiment to structure and evaluate healthcare

Emotionality in same-sex attracted men’s sexual scripting: four expatriate men in Burma tell their stories

 This thesis uses an autoethnographic approach to investigate how the construction of sexual scripts and sexual interactions of same-sex attracted men are influenced by the interaction and the intersection of sexual identity, desire, gender, emotional scripts and emotional geography; and points to implications for sexual counselling and education.

Out & online; effectiveness of a tailored online multi-symptom mental health and wellbeing program for same-sex attracted young adults: study protocol for a randomised controlled trial

Same-sex attracted young adults have been found to experience higher rates of mental health problems and greater difficulties in accessing specialist mental health care services compared to their heterosexual peers. Internet-based mental health interventions have the potential to be more engaging and accessible to young adults compared to those delivered face-to-face. However, they are rarely inclusive of lesbian women and gay men. Thus, the current study aims to evaluate the effectiveness of an online mental health and wellbeing program, Out & Online (http://www.outandonline.org.au), in comparison to a wait-list control group, for reducing anxiety and depressive symptoms in same-sex attracted young adults aged between 18 and 25 years.

Through the lens of hetero-normative assumptions : re-thinking attitudes towards gay parenting

In this study we explored the attitudes and beliefs of nine heterosexual adults towards gay male and female couples parenting children. We conceptualised participants' perceptions as one primary lens through which gay parenting is viewed. Based on the narratives provided, this lens comprised hetero-normative, homophobic or heterosexist assumptions and coloured the way in which participants perceived aspects of the concept of gay couples parenting children. At times, participants attempted to adjust their primary lens and adopt different views that initially suggested ambivalence and sometimes contradictory positions. Despite the range of attitudes and assumptions about same-sex parenting, consensus over the potential negative developmental impact on children raised by same-sex parents remained evident. Evidence suggests that same-sex parenting is already a reality in Westernised nations and has little or no bearing on the sexual orientation of children. However, concern that children be brought up with every opportunity to 'become' heterosexual, whether they are the product of same-sex or opposite-sex parents, remains evident.

The effect of mood on opposite-sex judgments of males' commitment and females sexual intent

Gender differences in perceptions of sexual intent and commitment have been the subject of formal and informal inquiry for considerable time. One evolutionary theory, Error Management Theory (EMT), predicts that opposite-sex perceptions of female sexual intent and male commitment intent reflect intrinsic biases that minimize gender-specific evolutionary costs. The results supporting these hypotheses were obtained from subjects regardless of mood. We hypothesized that mood would influence ratings of sexual and commitment intent. Sixty participants (30 males, 30 females) were recruited and exposed to a positive and negative mood condition in counterbalanced groups using video stimuli. Preliminary analyses found an unexpected effect of order of mood induction, necessitating separate analyses of the Positive-Negative (PN) and Negative-Positive (NP) groups. Contrary to the original study, there were no gender effects. Positive moods led to increased ratings of both sexual and commitment intent across genders. Further, negative to positive mood-change was associated with significantly increased ratings. Both males and females attributed significantly higher sexual intent to same-sex rivals than themselves, but only males assessed themselves as having significantly higher commitment intent than same-sex rivals. The EMT model may require adaptation to acknowledge effects of variables such as mood on its predictions of gender-specific biases.

Improving the effectiveness of the Sex Discrimination Act: recommendations from the 2008 Senate Inquiry

One way to characterise the Rudd Government’s first year in office would be by the flurry of inquiries and reports that it commissioned. Three related to gender equality. The Productivity Commission conducted an inquiry into a national paid maternity, paternity and parental leave scheme and the House of Representatives Standing Committee on Employment and Workplace Relations conducted an inquiry into pay equity. This article is concerned with a third inquiry — the Senate Standing Committee on Legal and Constitutional Affairs (the committee) inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) (SDA) in eliminating discrimination and promoting gender equality. These inquiries were not the Rudd Government’s only activities in relation to sex discrimination and gender equality. It also enacted legislation which removed discrimination against same sex couples from 68 Commonwealth laws and announced its intention to accede to the Optional Protocol to the International Convention on the Elimination of All Forms of Discrimination against Women.

Putting families of origin into the queer picture : introducing this special issue

In undertaking our own separate research projects and in our crosscontinental comparative analyses of those projects, we became aware of the gaps between the richness of research on GLBT lives, including experiences of intimacy and parenthood, and the paucity of research on their relations with their families of origin. Still marginal is, in particular, research on the perspectives of the families of origin themselves: parents, but also siblings, grandparents, and other members of extended families. For the purposes of this special issue, we are deploying the term families of origin to mean heterosexual-identifying family members (at least as they publicly perform and display their sexualities), living within a heteronormative socio-politicocultural system. As we will argue in this introduction, however, there is a need to document and research, and thereby historically situate, family diversity, including the increasing shifting discourses and lived experiences of same-sex and other queer families of origin.

'It is not all about sex': young people's views about sexuality and relationships education

The Engaging Young People in Sexuality Education (EYPSE) research project addresses two questions: 1. What are young people’s views on school-based sexuality and relationships education? 2. In what ways could sexuality and relationships education be improved? This report focuses on findings from the first stage of the research project, consisting of an online survey of over 2,000 students in 31 secondary schools in South Australia and Victoria. The research was conducted in government secondary schools in South Australia (14) and Victoria (17). A detailed online survey was constructed and administered to students aged 13 to 16+ years old. The survey used similar terminology and language to that used in sexuality and relationships education classes. A total of 2,325 students undertook the survey. Demographic information about the students includes: - Age – 13 years (18%), 14 years (40%), 15 years (32%), 16+ years (10%) - Location – Victoria (63%), South Australia (37%) - Gender – Female (49%), Male (50%), ‘Other’ (1%) - Sexual attraction – opposite sex (83.5%), same sex (1.4%), both sexes (5.5%), unsure (5.2%), preferred not to disclose (4.3%) - Socio-economic status of the school – low (25.8%), middle (41.9%), high (25.8%), not ranked (6.5%)

Optimistic bias for negative and positive events.

Presents results of an investigation into the occurrence of optimistic bias in relation to both positive and negative events, using absolute judgements to assess perceived risk for each of six events. Participants were asked why they offered different ratings for themselves and for others. The results showed that optimistic bias is a pervasive phenomenon that occurs for both positive and negative events. It occurred for all six events when comparisons were made with an unspecified person of the same age and sex, and occurred for three of six events when comparisons were made with the same-sex best friend. Participants could provide information about their own behaviour that they felt justified their positive outlook; however, they implicitly assumed that the comparison target did not engage in the same behaviour. Concludes that risk-reduction education needs to be made personally relevant to the target audience.

Gay men from heterosexual marriages : attitudes, behaviors, childhood experiences and reasons for marriage

In the current study, the attitudes, behaviors and experiences of 26 gay or bisexual men who were married to a woman are examined. Data are provided on childhood family background and experiences, sexual practices with men, reasons for entering marriage, and the “coming out” process. The frequency of childhood sexual experiences was associated with unsafe sexual practices with other men in adulthood. Attitudes toward lesbians and gay men were more negative now than at the time of marriage. The two most frequent reasons for marriage were that it seemed natural, and a desire for children and family life. The results support the hypothesis that internalised homophobia is a factor that leads men into mixed-orientation marriages. Cognitive consistency theory is used to explain the eventual marriage breakdown.

Outside belonging : multi-sexual relationships as border existence

This article draws from an ongoing Australian research project with over 60 culturally and sexually diverse women in monogamous, open, and polyamorous relationships with bisexual-identifying and/or bisexualbehaving men. Positioned within a queer feminist deconstructive theoretical framework, this research provides insights into the border existences of these women and their partners, and their negotiations of “new rules” and boundaries in order to construct healthy relationships. What are the various ways that HIV/AIDS impacts women in relationships with bisexual men? How do they deal with issues such as social, community, workplace and familial ostracism? Probyn's term, “outside belonging” (1996: 9) is applicable to the border existences of thesewomen and their bisexual male partners. Their multi-sexual relationships are both “outside” gendernormative and heteronormative constructs of marital and defacto relationships and yet “belonging,” for the partnersmay “pass” as a “normal” couple. They are also “outside” the dominant constructs of Australian gay identity and community while simultaneously “belonging” due to their partners', and sometimes their own, same-sex attractions and relationships.