Marriage equality policy position
The Queensland Law Society supports fundamental principles of the Australian legal system, including equality before the law. We advocate for good law and support laws that protect individual rights and liberties and promote the public good.
Consistent with our longstanding support of equal treatment before the law, QLS supports marriage equality and believes that all people, regardless of gender or sexual orientation, should have the right to marry.
The formal and practical exclusion of same-sex couples under marriage law is not resolved through the enactment of various legislation relating to de facto relationships. Preventing same-sex couples from entering into marriage creates a baseless and artificial legal distinction between these relationships and heterosexual relationships.
Any discrimination against a particular group of people must be appropriately justified as necessary in the promotion of public interest. Laws that arbitrarily discriminate on the basis of innate personal attributes run contrary to good law. There is no compelling justification for marriage laws to operate in a manner that discriminates against same-sex couples.
In our view, this discrimination constitutes a breach of fundamental legal principles which requires rectification through legislative amendment.