ok i will explaine it to you
Marriage is defined in the marrage act which is an act of the federal parliment which enstoys certain rights and responcabilities, the main purpose of the act however is to define what IS marrage. Thats the easy part, the complexity comes in when you get into the associated common law and other pieces of legislation (state and federal) which link to that act. Take an example of the evidence act which links into the marrage act where it relates to compelling spouses to give evidence against eachother.
Now the way things are currently the federal goverment wishes the STATES to recognise gay relationships rather than forming them in federal law. One thing this does SPECIFICALLY is remove the right to deal with disputes in the family court which is defined under the family court act and the marrage act. Property disputes would have to be delt with by the surpreem courts of the states rather than a consistant (and MUCH cheeper) system of the family court. Then there is the fact that this means you would have 8 sepreate pieces of legislation dealing with the recognision of gay relationships which would mean that potentually you could be recognised in one state but if you move across the border its not recognised simply because of slight differences in the laws.
Thats how things stand currently (well if rudd gets his way anyway, currently there is NO recognision). Now lets say that Rudd changes his mind and decides to FEDERALLY recognise same sex unions but as a seperate act rather than in the marrage act. Every single piece of legislation that deals with marrage would then have to be varied to include "civil unions". Besides being a HUGE expence at both the federal and state level but it also means there are chances for legislation to be left out if only by acident. This also leaves the opotunity for some future federal goverment to modify these perifery pieces of legislation without there being a huge uproa simply because no one happens to notice.
Now lets see what happens if the marrage act ITSELF is varried. It automatically changes all the common law, state laws, federal laws with no aditional public expence because its a simple change of definition. It ALSO means that if a future goverment wanted to descriminate in a specific area on this they would have to make a bill to ammend the marrage act and this wouldnt be overlooked by the media or the comunitity.
doesn't equal legal consequences imply equality? aren't we saying 'marriage and civil unions are equal, just for different gender combinations'? i suppose recognising gay marriage would be a big step in righting other wrongs towards gays (and maybe other minority groups).
Now as to your first point equal but seprate doesnt nessarly mean EQUAL. Aside from any leglisitve fuck ups by the goverment, it also leaves open the opotunitive for non goverment discrimination. One example would be say a company asked you to put an emergency contact in case you get injured. Now say that your injured at work and they open that file and see that you dont have a "spouse" but rather a "civil partner". He\she happens to be a biggot and choses not to recognise that person as your TRUE partner.
now yes this could happen anyway but its much more likly when you try "seperate but equal" as black americans could atest. Do you think they were TRULY equal by being segragated and having black and white only schools, shops ect?. Then there is the purly pyscological effect of saying to 10% of the community that
"we recognise you because its politically experdiant but dont you DARE use the word married because its OURS, however we arnt discriminating against you at all so what are you complaining about"
As orleander said there was a time when athiasts and the non religious couldnt get married. This has nothing to do with being married in a church, hell
I cant get married in a church because im offically "non practicing" (though this is because i belive its a load of crap) and my partner has never been baptised. Its about having the STATE say "yes this commitment is AS VALID as that one over there"