I was really quite shocked to read this article, but not all together unexpected from a government that clearly see gays to be a challenge they're willing to take on...
But they're really denying us our rights to freedom and choice by obstructing gay couples wanting to get married in countries that DO recognize same-sex nuptials.
They are going to get a very LOUD and CLEAR message from the Gay community that they are going too far...
The Attorney-General's Department last year told at least two of Australia's embassies in Europe to refuse help to citizens requiring proof of their single status for a same-sex marriage.
The Age learnt of the policy through the case of an Australian man whose bid to marry his gay partner in the Netherlands was blocked by authorities.
The Australian embassy in Vienna refused Peter Kakucska, originally from Melbourne, a certificate confirming his single status once it was clear he needed it to marry Markus Muehlmann, an Austrian.
Like many countries, the Netherlands requires proof that foreign nationals wishing to marry there are not already married. Australian embassies provide this proof.
Mr Kakucska has actually lived in Vienna with his partner Mr Muehlmann, since 1993. Last year they took advantage of European Union laws that entitled them to apply to marry in the Netherlands.
Mr Kakucska said embassy staff knew his sexual orientation. When he requested single-status proof, a consular official produced a form that sought details about the prospective marriage partners in columns headed "Male" and "Female".
"I filled in our details, crossing out 'Female' and put the form down," Mr Kakucska said.
The official, Wolfgang Dobias, said he could not accept the form before contacting the Australian embassy in The Hague.
"When I came back he said he didn't have good news for me," Mr Kakucska said. "He showed me from behind a glass screen the official communique he received from Canberra."
The embassy later provided Mr Kakucska with a stamped "certification" dated August 16 and signed by Mr Dobias, the senior consular officer.
It stated: "Following the advice of the Australian Attorney-General's Department we herewith certify that Australian law does not allow the issue of a Certificate of No Impediment to Marriage to persons wishing to enter into a same-sex marriage."
Mr Kakucska received a similar document saying the embassy could not provide a Single Status Certificate.
Lucky for them, the Netherlands ultimately accepted the documents, and an affidavit from Mr Kakucska, as proof he was single. The couple were married in November.
He says he now plans to take legal action against the Australian Government.
A spokeswoman for Attorney-General Philip Ruddock said one purpose of the certificates was to certify a proposed marriage would be valid in Australia.
Most of the media conscious will recall that the Australian Government passed laws in 2004 that defined marriage to be exclusively as a union between a man and woman.
Australian National University senior law lecturer Wayne Morgan said:
"There is nothing in Australian law that would prevent a Certificate of No Impediment to Marriage (being issued) in such circumstances.
"This is an internationally accepted document that has nothing to do with the validity of the marriage back in the couple's own country."
Gay activist Rodney Croome, of the newly formed Australian Coalition for Equality, said:
"It's simply mean-spirited and bloody-minded for the Australian Government to block Peter's access (to documents) on no other basis than the gender of his marriage partner.
"The Government has already made clear its opposition to same-sex marriage in Australia. Why does it now have to export that prejudice to other countries and Australians living overseas? "
I've really come to feel so ashamed of this country since the Howard Government first came into
My hope is the media (print, television & radio) report this case, and that we can gain the support of more heterosexuall Australians towards gay/civil rights.
We are one of the only Western Country's that is actually going backwards as far as civil rights, at a chilling pace since the Howard Government came into power on 11th March 1996.
SOURCE: The Age - Sat Jan 14th, 7:33 PM ET
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