It wasn't too far back in Australia's history that it was illegal to be gay. Fortunately we have left that behind as an embarrassing memory only for those old enough to remember it. The map above reminds us though that in many parts of this planet openly expressing your sexuality can have dire consequences.
The current debate surrounding legalizing same-sex marriages in Australia has brought to the forefront; inequality faced by couples that don't identify with the hetero-normative model.
With the legalization of same sex-marriages last year in Brazil, France, England and Wales the total number of countries where same-sex marriage is legal has risen. However; one must not forget Australia is one of the few countries that gives same rights in terms of Immigration Status to partners in same-sex relationships with Australian residents and citizens. Recently the United States overturned core portions of the federal Defense of Marriage Act (DOMA) as recently as 2013 creating a pathway for an equal Immigration Process for same sex couples.
In Australia, de-facto couples of any sexual are able to sponsor partners provided one of them is an Australian Permanent Resident, Australian Citizen or an eligible New Zealand citizen. Recognising the difficulties same sex couples face overseas in many countries Australia permanent Protection (class XA) (subclass 866) visas can be granted because an applicant has been found to be a person Australia has protection obligations to due to their sexual orientation.
IMMIGRATIONews spoke to Trisha from Sydney about finding a safe haven in Australia. Trisha* comes from a very orthodox family in South India and visibly shudders when talking about life as a young teen in India, "I couldn't even imagine telling my Tamil Brahmin family that I detested Kanjivaram silk sarees and that I'd rather gouge my heart out than marry a man in one of them. As a kid growing up in the 90s I didn't even understand what being gay was, how could I even begin to explain it to someone whose entire identity was rooted in traditional Brahmin values?"
Trisha was one of the lucky ones, her parents were well-off, believed in educating the women in their family and she used the high marks in her high school as a one way ticket out of repression. Having studied in the US she moved to Australia temporarily for work and met her partner of several years in Sydney. The temporary move became permanent and she says "Sydney's vibrant gay community is a balm to my soul. All I want is to be able to live a boring, non-dramatic life and grow old with the person who completes me. The American Dream for me was monochrome, during my stay there was still a lot of stigma attached to being gay hope things have improved today but Australia is far ahead than most countries. I didn't have to apply for a partner or protection visa but it is wonderful to know that the option exists for people that need it."
In the map above is supplied from the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), the areas that have punitive measures against homosexuality are highlighted. The Indian sub-continent is one of that worst places in the world to be gay as being homosexual attracts significant social stigma and is punishable by a jail term under Section 377.
Trisha says "In India being a woman is a curse for many of us what with high rates of female foeticide & infanticide, rampant misogyny and violence against women and on top of all this being a gay woman is a fate worse than death."
To face discrimination in all walks of life and constantly fearing of one's safety is a violation of the most basic human rights. Australia still has a long way to go in terms of achieving equality for the LGBTQ community but there are many who have found acceptance here in the truly multi-cultural & multi-faceted gay community.
IMMIGRATIONews Volume 297 covered the state/territory administered Relationship Registries and what de-facto means for Immigration purposes.
