Mr. Barnett questions the Attorney General about the Labor Party's stance on gay adoption rights and whether they released any related statements before the election. Mr. McGinty clarifies that current WA law allows single gay people to adopt, challenging the opposition's apparent disapproval.

AnsweredQoN 643Legislative Assembly
Asked
5 December 2001
Member
Portfolio
Attorney General

QuestionView source ↗

ADOPTION RIGHTS FOR GAY AND LESBIAN COUPLES
Will the Attorney General concede on the issue of gay adoption rights, that no media statement, policy or press statement was released by the Labor Party either during or preceding the election? Mr McGINTY

AnswerView source ↗

I will not, but I will make one point in response to the question of the rights of gay people to adopt. Under adoption laws in this State, gay people are already allowed to adopt. Mr Barnett: What about gay couples? Mr McGINTY: What is the difference? The Opposition does not like the notion of children being placed with homosexual people, but for a long time the law in this State has allowed a gay person to apply for, and succeed in adopting a child. If the gay person applies as a single person, there is currently no prohibition in Western Australian law. If the Leader of the Opposition asked about the situation elsewhere in Australia on the rights of gay people to adopt, I suspect - although I do not know - that he would find that the situation is somewhat similar elsewhere. Gay people currently have the right to adopt, and in my view, and that of this side of politics - Mr Barnett: Why does the Attorney General not concede that the right does not exist elsewhere in Australia? Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.
Mr McGINTY replied: I will not, but I will make one point in response to the question of the rights of gay people to adopt. Under adoption laws in this State, gay people are already allowed to adopt. Mr Barnett: What about gay couples? Mr McGINTY: What is the difference? The Opposition does not like the notion of children being placed with homosexual people, but for a long time the law in this State has allowed a gay person to apply for, and succeed in adopting a child. If the gay person applies as a single person, there is currently no prohibition in Western Australian law. If the Leader of the Opposition asked about the situation elsewhere in Australia on the rights of gay people to adopt, I suspect - although I do not know - that he would find that the situation is somewhat similar elsewhere. Gay people currently have the right to adopt, and in my view, and that of this side of politics - Mr Barnett: Why does the Attorney General not concede that the right does not exist elsewhere in Australia? Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.
I will not, but I will make one point in response to the question of the rights of gay people to adopt. Under adoption laws in this State, gay people are already allowed to adopt. Mr Barnett: What about gay couples? Mr McGINTY: What is the difference? The Opposition does not like the notion of children being placed with homosexual people, but for a long time the law in this State has allowed a gay person to apply for, and succeed in adopting a child. If the gay person applies as a single person, there is currently no prohibition in Western Australian law. If the Leader of the Opposition asked about the situation elsewhere in Australia on the rights of gay people to adopt, I suspect - although I do not know - that he would find that the situation is somewhat similar elsewhere. Gay people currently have the right to adopt, and in my view, and that of this side of politics - Mr Barnett: Why does the Attorney General not concede that the right does not exist elsewhere in Australia? Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.
Mr Barnett: What about gay couples? Mr McGINTY: What is the difference? The Opposition does not like the notion of children being placed with homosexual people, but for a long time the law in this State has allowed a gay person to apply for, and succeed in adopting a child. If the gay person applies as a single person, there is currently no prohibition in Western Australian law. If the Leader of the Opposition asked about the situation elsewhere in Australia on the rights of gay people to adopt, I suspect - although I do not know - that he would find that the situation is somewhat similar elsewhere. Gay people currently have the right to adopt, and in my view, and that of this side of politics - Mr Barnett: Why does the Attorney General not concede that the right does not exist elsewhere in Australia? Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.
Mr McGINTY: What is the difference? The Opposition does not like the notion of children being placed with homosexual people, but for a long time the law in this State has allowed a gay person to apply for, and succeed in adopting a child. If the gay person applies as a single person, there is currently no prohibition in Western Australian law. If the Leader of the Opposition asked about the situation elsewhere in Australia on the rights of gay people to adopt, I suspect - although I do not know - that he would find that the situation is somewhat similar elsewhere. Gay people currently have the right to adopt, and in my view, and that of this side of politics - Mr Barnett: Why does the Attorney General not concede that the right does not exist elsewhere in Australia? Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.
Mr Barnett: Why does the Attorney General not concede that the right does not exist elsewhere in Australia? Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.
Mr McGINTY: The whole basis of the Leader of the Opposition’s question seems to presuppose that gay people cannot already adopt in Western Australia, as though it is a radical new proposition. Gay people can currently adopt. Has that got through to the Leader of the Opposition yet? If it is such a horrendous proposition, as a number of members opposite said last night, including the members for Hillarys, Kalgoorlie and Moore, is the Opposition condemning the current law in this State? One thing is important when it comes to adoption and that is the child. I can think of no nobler motive than to place a child with a parent or parents who can give a child the warmest, most loving, nurturing environment. That should be the only test. We should not be looking behind bedroom doors and saying that people are behaving in a certain way sexually and therefore they will not be allowed to adopt a child. It is arrant nonsense.

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