Posted September 15, 2018 08:30:00 A woman who married a man she was engaged to for two years but then divorced said she could not accept that he could get the same benefits that heterosexual couples can get, because “he’s gay”.
The case has become a test case for how much of a social consensus can be found in a country where same-sex marriage is illegal.
Queensland marriage equality campaigner Jane Dutton says she was in shock when she received the email on Saturday.
“I didn’t know what to do,” she said.
Ms Dutton said she felt as though she was being lied to and had been left with “no other option”.
She said her husband had not been offered any benefits because he is gay, and he has been unable to access other benefits because of his sexuality.
Mr Dutton has a mental health condition, but Ms Dutton believed he could still receive benefits if he sought them.
He is the first to tell her the legal challenges against the state’s legislation, which has been challenged in the High Court, have been dismissed.
She has filed a $2.5 million civil claim against the government, saying it discriminates against people with mental health conditions.
The Supreme Court of Queensland ruled the state cannot discriminate against people who have a mental illness, but the state said the law is not discriminatory against same-gender couples.
After two years of waiting, the couple decided to marry in November.
Jane Dutton and her husband David Dutton were married in the Sunshine Coast town of Gippsland in August.
They say they wanted to be able to move out of the marriage agreement after Mr Dutton had a “bad” day at work and Ms Dutt moved into a different workplace.
But their marriage has since been put on hold.
It was originally set to be held in a “good faith” marriage in a small, rural area, but a judge ruled in February that the couple cannot be allowed to marry.
Legal experts have questioned whether the court had the authority to make that ruling.
Under Queensland law, gay marriage is prohibited.
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