Should homosexual relationships be included within the scope of discrimination on the ground of marital status?
Question 61 It has been suggested that the effect of the case of Boehringer is inconsistent with that of Waterhouse, despite attempts to distinguish the cases. (a) Should the legislation clarify the distinction made in the two cases? (b) Should the definition of “marital status” be extended to include discrimination on the basis of the identity of one’s spouse (as has been recommended by the Report of the Inquiry into Equal Opportunity and Equal Status for Women in relation to the Sex Discrimination Act 1984 (Cth))? Question 62 Discrimination on the ground of “family status” is considered in Chapter 5 of this Paper. If discrimination on the ground of family status is to be included in the Act, should it be linked to the ground of marital status? • Areas of operation Question 63 Are the areas of operation adequate? • Exceptions Question 64 Are the exceptions appropriate? See also Chapters 3 and 5 of this Paper for discussion of other general issues of concern common to all grounds. DISC
