Gays can marry abroad - but not in Oz: Attorney General

while Roxon claimed the move demonstrated the Government's commitment to removing discrimination, gays are still not allowed to marry in Australia. Photo / Thinkstock

The Australian Government is happy for gays to marry abroad - just not at home.

Attorney-General Nicola Roxon has announced that certificates of no impediment to marriage - often required for weddings abroad - will be issued to same-sex couples for the first time from next month.

"This important change will allow same-sex couples to take part in overseas marriage ceremonies, and be considered married according to the laws of that country," she said.

The certificates were previously only available to heterosexual couples.

But while Roxon claimed the move demonstrated the Government's commitment to removing discrimination, gays are still not allowed to marry in Australia.

Roxon said same-sex weddings conducted overseas were not recognised as a marriage in Australia but could establish a de facto relationship under federal, state and territory laws.

Since coming to power in 2007 Labor has removed discrimination from 85 laws that ensure equal treatment for gay couples in areas such as taxation, social security, health, aged care and superannuation and more.

But their hopes of marriage remain shaky.

At last month's national conference Labor delegates overrode Prime Minister Julia Gillard's rejection of same-sex marriages, finally adopting the proposal as policy.

But MPs will be given a conscience vote on any new legislation which, with the Opposition's blanket rejection, could kill the move in the Lower House.