Are same-sex relationships legal in Australia?

Yes, same-sex relationships are legal in Australia, and same-sex couples have the same legal rights as opposite-sex couples in nearly every area of life. Same-sex marriage was legalised by the Marriage Amendment (Definition and Religious Freedoms) Act 2017, passed by the federal Parliament on 7 December 2017 after a national postal survey returned a 61.6 per cent Yes vote.

Before 2017, same-sex couples had progressive recognition through state and federal de facto relationship law, but were excluded from marriage by the Marriage Amendment Act 2004 passed by the Howard Coalition government, which expressly defined marriage as the union of a man and a woman. The Australian Marriage Law Postal Survey, run by the Australian Bureau of Statistics in late 2017, asked all Australians on the electoral roll whether the law should be changed. The Yes vote of 61.6 per cent, on 79.5 per cent turnout, was carried in every state and territory and in 133 of the 150 federal electorates.

The 2017 Act amended the Marriage Act 1961 to define marriage as 'the union of two people to the exclusion of all others, voluntarily entered into for life'. Religious ministers of religion are not required to perform marriages that conflict with their beliefs. The first same-sex marriages took place on 9 January 2018. Australia became the 26th country to legalise same-sex marriage. As of 2024, more than 50,000 same-sex marriages have been registered.

Same-sex couples have parallel rights in other areas. They can adopt children jointly (legalised in all states by 2018), use assisted reproductive technology, formalise parenting orders, hold joint property and superannuation interests, share Centrelink and tax entitlements, and receive joint Medicare benefits. Workplace anti-discrimination law protects against treatment based on sexual orientation. Marriage equality has not closed every remaining gap (specific religious exemptions in some service settings, transgender and intersex equality, and ongoing concerns about LGBTIQ inclusion in schools and aged care all remain), but the legal framework of equal recognition is now firmly established.