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Australia judge rejects challenge to same-sex marriage banLaura Klein Mullen at 8:40 AM ET

[JURIST] An Australian judgeruled[judgment] Thursday that the nation's

ban onsame-sex marriage[JURIST news archive] does not amount to

gender discrimination, dismissing a challenge to the law. The ruling

upholds the decision of theAustralian Human Rights

Commission(AHRC) [official website] to terminate the complaint of sex

discrimination under theSex Discrimination Act of 1984[text] on the

grounds that it was "misconceived and/or lacking in substance." Justice

Jayne Jagot of theFederal Court of Australia[official website] held that there was no

gender discrimination in this policy, because men and women were both equally denied the

right to marry a person of the same sex:

The inescapable fact is that s 5 [of the Sex Discrimination Act] defines sex discrimination in

a manner which depends on a comparison between the treatment of the person of one sex

with the treatment of a person of the opposite sex. In the present case, the alleged

discriminatory treatment results from the fact that the relevant agencies of the State can

register a "marriage" which is defined by s 5(1) of theMarriage Act 1961[text], ... as the

union of a man and a woman to the exclusion of all others, voluntarily entered into for life.

It follows that the union of a man and a man or a woman and a woman to the exclusion of

all others, voluntarily entered into for life, is not a "marriage" as defined in the Marriage Act

and cannot be registered by the State agencies as a marriage. In the terms of s 5 there

cannot be discrimination by reason of the sex of a person because in all cases the treatment

of the person of the opposite sex is the same. Hence, a man cannot enter into the state of

marriage as defined with another man just as a woman cannot enter into the state of

marriage with another woman as defined. ... The redress for these circumstances lies in the

political and not the legal arena because what would be required is a change to the

definition of "marriage" in s 5(1) of the Marriage Act.

Legislation aimed at allowing same-sex marriage wasrejected[JURIST report] by the

Australian Parliament in September, despitepolls[SMH report] showing that most

Australians support same-sex marriage.

Same-sex marriage remains a controversial issue around the world. Earlier this month

lawmakers in bothFranceand theUK[JURIST reports] approved bills that would legalize

same-sex marriage. Same-sex marriage is currently recognized in nine US states and the

District of Columbia, and lawmakers inIllinoisandRhode Island[JURIST report] have

recently given approval to same-sex marriage legislation. In December Uruguay's lower

house of parliament approved a same-sex marriage bill that would makeUruguayonly the

second Latin American country to allow same-sex marriage, followingArgentina[JURIST

reports]. Same-sex marriage has been legal inMexico Citysince 2009, and last year the

Supreme Court of Mexicostruck down[JURIST reports] Oaxaca's same-sex marriage ban,

which could pave the way for legalization across the country.

http://www.austlii.edu.au/au/cases/cth/FCA/2013/109.htmlhttp://www.austlii.edu.au/au/cases/cth/FCA/2013/109.htmlhttp://www.austlii.edu.au/au/cases/cth/FCA/2013/109.htmlhttp://jurist.org/feature/featured/same-sex-marriage/http://jurist.org/feature/featured/same-sex-marriage/http://jurist.org/feature/featured/same-sex-marriage/http://humanrights.gov.au/http://humanrights.gov.au/http://humanrights.gov.au/http://humanrights.gov.au/http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/http://www.fedcourt.gov.au/http://www.fedcourt.gov.au/http://www.fedcourt.gov.au/http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/http://jurist.org/paperchase/2012/09/australian-senate-rejects-same-sex-marriage-legislation.phphttp://jurist.org/paperchase/2012/09/australian-senate-rejects-same-sex-marriage-legislation.phphttp://jurist.org/paperchase/2012/09/australian-senate-rejects-same-sex-marriage-legislation.phphttp://www.smh.com.au/national/new-poll-backs-samesex-marriage-20120213-1t1h4.htmlhttp://www.smh.com.au/national/new-poll-backs-samesex-marriage-20120213-1t1h4.htmlhttp://www.smh.com.au/national/new-poll-backs-samesex-marriage-20120213-1t1h4.htmlhttp://jurist.org/paperchase/2013/02/france-lawmakers-approve-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/02/france-lawmakers-approve-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/02/uk-parliament-approves-same-sex-marriage.phphttp://jurist.org/paperchase/2013/02/uk-parliament-approves-same-sex-marriage.phphttp://jurist.org/paperchase/2013/02/uk-parliament-approves-same-sex-marriage.phphttp://jurist.org/paperchase/2013/02/illinois-senate-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/02/illinois-senate-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/02/illinois-senate-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/01/rhode-island-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/01/rhode-island-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/01/rhode-island-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2012/12/uruguay-lower-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2012/12/uruguay-lower-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2012/12/uruguay-lower-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2010/07/argentina-president-signs-same-sex-marriage-legislation.phphttp://jurist.org/paperchase/2010/07/argentina-president-signs-same-sex-marriage-legislation.phphttp://jurist.org/paperchase/2010/07/argentina-president-signs-same-sex-marriage-legislation.phphttp://jurist.org/paperchase/2009/12/mexico-city-legislature-approves-same.phphttp://jurist.org/paperchase/2009/12/mexico-city-legislature-approves-same.phphttp://jurist.org/paperchase/2009/12/mexico-city-legislature-approves-same.phphttp://jurist.org/paperchase/2012/12/mexico-high-court-strikes-down-same-sex-marriage-ban-in-oaxaca.phphttp://jurist.org/paperchase/2012/12/mexico-high-court-strikes-down-same-sex-marriage-ban-in-oaxaca.phphttp://jurist.org/paperchase/2012/12/mexico-high-court-strikes-down-same-sex-marriage-ban-in-oaxaca.phphttp://jurist.org/paperchase/2012/12/mexico-high-court-strikes-down-same-sex-marriage-ban-in-oaxaca.phphttp://jurist.org/paperchase/2009/12/mexico-city-legislature-approves-same.phphttp://jurist.org/paperchase/2010/07/argentina-president-signs-same-sex-marriage-legislation.phphttp://jurist.org/paperchase/2012/12/uruguay-lower-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/01/rhode-island-house-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/02/illinois-senate-approves-same-sex-marriage-bill.phphttp://jurist.org/paperchase/2013/02/uk-parliament-approves-same-sex-marriage.phphttp://jurist.org/paperchase/2013/02/france-lawmakers-approve-same-sex-marriage-bill.phphttp://www.smh.com.au/national/new-poll-backs-samesex-marriage-20120213-1t1h4.htmlhttp://jurist.org/paperchase/2012/09/australian-senate-rejects-same-sex-marriage-legislation.phphttp://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/http://www.fedcourt.gov.au/http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/http://humanrights.gov.au/http://humanrights.gov.au/http://jurist.org/feature/featured/same-sex-marriage/http://www.austlii.edu.au/au/cases/cth/FCA/2013/109.html

7/29/2019 Australia Judge Rejects Challenge to Same

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UN urges integrated approach to halt transnational organized crimeFangxing Li at 1:08 PM ET

[JURIST] The UN's top anti-crime official on Mondayurged[press release]

an integrated international response to target transnational crime

syndicates which seek to avoid prosecution by moving to a new country

when faced with increased law enforcement pressure.UN Office on

Drugs and Crime(UNODC) [official website] Executive DirectorYury

Fedotov[official profile] said during a conference of parties to the UN

Convention against Transnational Organized Crime that, "the 'era of

displacement' should be ended ... and interconnected cooperation, coordination and

communication were needed against" such crimes. The Convention is the primary weapon

for countries to deal with transnational organized crimes, and the conference makes the

countries united to promote their capacity to cope with such crimes. In the conference, civil

society was mentioned as indispensable especially in countries where the legal system and

institutions were vulnerable. The cost of transnational organized crime is estimated to

be$870 billion[JURIST report], but Fedotov noted it would be impossible to "calculate the

misery and suffering caused to millions of people by ... those illegal activities such as

women and children trafficked for sex, developing countries devastated by illegal logging,

and family and friends lost to illicit drugs." Fedotov suggested that countries work together

to share information and initiate creative, proactive policies in an integrated manner to

address the problem.

Transnational organized crime has been a problem affecting countries around the world. In

July, when announcing its $870 billion estimate, the UNODC launched itsglobal

awareness-raising campaign[campaign website] with the purpose of informing the public

about the economic costs and human impact associated with the threat transnational

organized criminal networks were creating. In February UNSecretary-General Ban Ki-

moon[official profile]called[JURIST report] for an increase in efforts to address

transnational organized crime, drug trafficking and piracy in West Africa. In June 2010 the

UNODC released a report revealing theglobalization of organized crime[JURIST report]

and its threat to international security. Afghanistan and Colombia were found to be the

major suppliers of the majority of the world's illegal drugs, but the profits were primarily

found where the drugs were sold. During the same month, the USState

Department(DOS) [official website]stated[JURIST report] that US complies with

international regulations but still faces serious problem with human trafficking.

http://www.un.org/apps/news/story.asp?NewsID=43292&Cr=drugs+and+crime&Cr1=#.UH2dkWhgoyDhttp://www.un.org/apps/news/story.asp?NewsID=43292&Cr=drugs+and+crime&Cr1=#.UH2dkWhgoyDhttp://www.un.org/apps/news/story.asp?NewsID=43292&Cr=drugs+and+crime&Cr1=#.UH2dkWhgoyDhttp://www.unodc.org/http://www.unodc.org/http://www.unodc.org/http://www.unodc.org/http://www.unodc.org/unodc/en/eds-corner/biography.htmlhttp://www.unodc.org/unodc/en/eds-corner/biography.htmlhttp://www.unodc.org/unodc/en/eds-corner/biography.htmlhttp://www.unodc.org/unodc/en/eds-corner/biography.htmlhttp://jurist.org/paperchase/2012/07/transnational-organized-crime-threatening-international-security-un.phphttp://jurist.org/paperchase/2012/07/transnational-organized-crime-threatening-international-security-un.phphttp://jurist.org/paperchase/2012/07/transnational-organized-crime-threatening-international-security-un.phphttp://www.unodc.org/toc/http://www.unodc.org/toc/http://www.unodc.org/toc/http://www.unodc.org/toc/http://www.un.org/sg/biography.shtmlhttp://www.un.org/sg/biography.shtmlhttp://www.un.org/sg/biography.shtmlhttp://jurist.org/paperchase/2012/02/west-africa-stability-threatened-by-organized-crime-drug-trafficking-un.phphttp://jurist.org/paperchase/2012/02/west-africa-stability-threatened-by-organized-crime-drug-trafficking-un.phphttp://jurist.org/paperchase/2012/02/west-africa-stability-threatened-by-organized-crime-drug-trafficking-un.phphttp://jurist.org/paperchase/2010/06/un-releases-report-detailing-impact-of-global-organized-crime.phphttp://jurist.org/paperchase/2010/06/un-releases-report-detailing-impact-of-global-organized-crime.phphttp://jurist.org/paperchase/2010/06/un-releases-report-detailing-impact-of-global-organized-crime.phphttp://www.state.gov/http://www.state.gov/http://www.state.gov/http://www.state.gov/http://jurist.org/paperchase/2010/06/us-state-department-issues-annual-report-on-human-trafficking.phphttp://jurist.org/paperchase/2010/06/us-state-department-issues-annual-report-on-human-trafficking.phphttp://jurist.org/paperchase/2010/06/us-state-department-issues-annual-report-on-human-trafficking.phphttp://jurist.org/paperchase/2010/06/us-state-department-issues-annual-report-on-human-trafficking.phphttp://www.state.gov/http://www.state.gov/http://jurist.org/paperchase/2010/06/un-releases-report-detailing-impact-of-global-organized-crime.phphttp://jurist.org/paperchase/2012/02/west-africa-stability-threatened-by-organized-crime-drug-trafficking-un.phphttp://www.un.org/sg/biography.shtmlhttp://www.un.org/sg/biography.shtmlhttp://www.unodc.org/toc/http://www.unodc.org/toc/http://jurist.org/paperchase/2012/07/transnational-organized-crime-threatening-international-security-un.phphttp://www.unodc.org/unodc/en/eds-corner/biography.htmlhttp://www.unodc.org/unodc/en/eds-corner/biography.htmlhttp://www.unodc.org/http://www.unodc.org/http://www.un.org/apps/news/story.asp?NewsID=43292&Cr=drugs+and+crime&Cr1=#.UH2dkWhgoyD