Australia's gay Olympian attacks PM over same-sex marriage

20-year-old Matthew Mitcham, set to represent the Commonwealth of Australia at the 2008 Olympic Games in August has said that the country's Prime Minister is "narrow-minded" for opposing marriage equality for gay couples.

Matthew Mitcham casually mentioned to a reporter that he lives with his boyfriend Lachlan, he inadvertently generated headlines across the world.

In an in-depth interview with Sydney gay publication SX News, he spoke about coming out at 14, being a role model for gay youth and his unhappiness with Prime Minister's attitude to gay marriage.

"Kevin Rudd’s opinion of marriage as something that’s only between a man and a woman is quite narrow-minded," he said.

"During the election campaign he was all about appearing young and cool, but his views on gay marriage make him look quite old-fashioned."

The Labour party took office last December, ending 11 years of conservative rule under John Howard.

Mr Rudd immediately denied rumours that his Labour government intends to legalise civil unions for gay and lesbian couples.

During the election campaign he repeatedly stated that he regards marriage as between a man and a woman, and he favours a form of registered partnerships.

"A relationships register, nationally consistent of the type we've had in Tasmania since 2004, we believe is a positive and productive way forward," he said.

"Particularly if you add to it appropriate nationally uniform legislation and to remove any impediments to same sex couples in relation to inheritance law, taxation law and social security law."

In 2004, under former Prime Minister John Howard, federal legislation banning same-sex marriage was passed.

The Commonwealth of Australia is a member of the Commonwealth of Nations.

HISTORY:

Neither same-sex marriage nor civil unions are recognized under Australian federal law. The Marriage Act 1961 was redefined to explicitly recognize marriage as being "the union of a man and a woman". Under section 51(xxi)[1] of the Australian Constitution, the Parliament of Australia is vested with the powers to make laws with respect to marriage (unlike the Congress of the United States; the federal government of the United States lacks the constitutional authority to force definitions of marriage upon the several states).

Because the Commonwealth has not recognized same-sex relationships, some individual states and territories have initiated their own legislation. Tasmania, South Australia, Australian Capital Territory and Victoria have access to many rights and can easily prove that a relationship exists through a relationship registry or formal agreement. The rest currently have laws in place which recognize cohabitating same-sex couples as de facto partners, offering them most of the same rights as unmarried opposite-sex couples. These rights only apply on a state or territory level.

The states originated as separate British colonies prior to Federation (in 1901). Their powers are protected by the Australian constitution, and Commonwealth legislation only applies to the states where permitted by the constitution. The territories, by contrast, are from a constitutional perspective directly subject to the Commonwealth government. The Australian Parliament has powers to legislate in the territories that it does not possess in the states.

Each state has a Governor, appointed by the Queen (currently Elizabeth II). The Administrators of the Northern Territory and Norfolk Island are, by contrast, appointed by the Governor-General (also appointed by the Queen). The chief executive officer of states within the Federation of the Commonwealth of Australia are known as Premier's. Each state elects its own Premier according to the state constitution.