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(Sydney, Australia) Qantas, Australia's international air carrier, will recognize the same-sex marriages of employees who were wed in areas where gay marriage is legal.
The decision reverses an earlier decision involving an employee who married his same-sex partner in Canada last year. The worker, whose name is being withheld, submitted a copy of his marriage license to the company with a request that his record be updated to reflect he was married and his husband entitled to spousal benefits.
The company in March 2005 refused citing Australian law which bars same-sex marriage.
"We are unable to approve your marital status in eQHR [employee records]) as married because Australian law does not recognize same sex marriages. Pursuant to the terms of the Marriage Act 1961 (Cth), marriage is defined as the union of a man and a woman," the company wrote.
Not satisfied the employee resubmitted his claim and attached a copy of an email response he had solicited from the former Chief Justice of the Family Court.
"While Qantas correctly sets out the present state of Australian law, I agree with your view that there is nothing to stop a private employer permitting your husband to be described as your spouse on its documentation and I can see no legal impediment to it doing so," the email from Alastair Nicholson said.
"Indeed it would in my view be an appropriate step for it to take. It may be that it takes the view that to so describe your husband could constitute an admission by it in the event of your marital status being relevant in proceedings against it, but I do not think that this is so because the description in its records could not operate to change the law."
This week Qantas reversed its position and told the worker that it would accept his claim.
A written statement to the employee from Qantas Executive General Manager People, Kevin Brown says: "Qantas is willing to recognize you...as married and will record your status as married. Qantas will treat you and your family in the same manner as it treats all married staff."
The reversal was hailed by Australian Marriage Equality.
"Qantas is not only a very large employer, with over 30,000 staff, but is also an Australian icon," said Glenn Limond, AME national secretary.
Former Chief Justice Nicholson earlier this month slammed the Australian government for its refusal to recognize same-sex couples, accusing it of looking at society through a rear view mirror.
"I just don't see why same-sex couples should not be able to receive the same freedoms and rights as other people – and I don't see why their children should be discriminated against, either," Nicholson told the Special Broadcasting Service.
In 2004 the Australian government passed legislation defining marriage as between a man and a woman and Prime Minister Howard has refused to consider national civil union legislation.
©365Gay.com 2006
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