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Australia judge rejects challenge to same-sex marriage ban

Laura Klein Mullen at 8:40 AM ET

[JURIST] An Australian judge ruled [judgment] Thursday that the nation's ban on same-sex marriage [JURIST news archive] does not amount to gender discrimination, dismissing a challenge to the law. The ruling upholds the decision of the Australian Human Rights Commission (AHRC) [official website] to terminate the complaint of sex discrimination under the Sex Discrimination Act of 1984 [text] on the grounds that it was "misconceived and/or lacking in substance." Justice Jayne Jagot of the Federal 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 the Marriage 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 was rejected [JURIST report] by the Australian Parliament in September, despite polls [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 bothFrance and the UK [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 in Illinois and Rhode 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 make Uruguay only the second Latin American country to allow same-sex marriage, following Argentina [JURIST reports]. Same-sex marriage has been legal in Mexico City since 2009, and last year the Supreme Court of Mexico struck down [JURIST reports] Oaxaca's same-sex marriage ban, which could pave the way for legalization across the country.

UN urges integrated approach to halt transnational organized crime


Fangxing Li at 1:08 PM ET

[JURIST] The UN's top anti-crime official on Monday urged [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 Director Yury 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 its global 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 Kimoon [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 the globalization 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 US State Department (DOS) [official website] stated [JURIST report] that US complies with international regulations but still faces serious problem with human trafficking.

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