2 Additional Arguments Against an ALP Binding Vote on Marriage Equality… And Why They’re Wrong As Well

I thought I had already debunked most of the major arguments that our opponents could be expected to use against a binding vote ahead of ALP National Conference in two of my previous posts:

and

But that was before I had the misfortune of reading Barrie Cassidy’s intellectually malnourished opinion piece on the ABC’s The Drum website on Friday, 1 May (“Why Plibersek’s Gay Marriage Pitch Will Fail”: http://www.abc.net.au/news/2015-05-01/cassidy-why-pliberseks-gay-marriage-pitch-will-fail/6436082 ).

Now, I don’t have time to fully rebut all of the silly things that Mr Cassidy wrote (including his unwarranted smear, linking Ms Plibersek’s long-standing support for marriage equality to base electoral considerations), but there are a couple of arguments which deserve a response, especially because they are likely to be raised by others in the lead-up to July’s conference.

  1. The ALP should not ‘waste time’ discussing a binding vote because it is a distraction from other issues

This is a variation of an argument that is commonly used against marriage equality per se: and that is that marriage equality is either not as important as, or does not affect as many people as, other issues (like health, or jobs, or education, or climate change etc etc etc), and therefore we should not use ‘valuable time’ discussing it. Instead, we can apparently get around to it when everything else is ‘fixed’ (whenever that is).

We’ve become very adept at responding to that argument over the years (including observing that most people can walk and chew gum at the same time), which means we are well prepared when Barrie Cassidy writes nonsense like this:

“And already merely raising the issue has shown how divisive it can be. The ALP’s national conference is a singular opportunity for its leader, Bill Shorten, to take centre stage with a developed plan for the future built around economic management. The issue of Palestine threatens to distract from that. Loading up the agenda with an unnecessary brawl around gay marriage is a further impediment” (emphasis added).

Well excuse us Barrie if we, the ordinary members of the ALP, think that prioritising the equal rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians, and how we can best achieve those rights, is worthy of being debated for one short section out of a three day political conference.

And we’re sorry (or more accurately, #sorrynotsorry) that such a discussion might be uncomfortable for those who either oppose LGBTI human rights, or don’t believe a centre-left political party should be doing everything in its own power to pass marriage equality legislation (which is exactly what a binding vote would be – the most that the ALP can deliver).

After all, that is what the ALP National Conference is, or at least what it should be: a decision-making political gathering, where people put forward the best case for change, and attempt to persuade the majority of delegates to agree. That is all that Ms Plibersek, and many, many others, are seeking, and it is no less than we deserve.

To suggest otherwise – that it is actually some kind of extended press conference, where Bill Shorten can “take centre stage with a developed plan for the future built around economic management” but separate from any genuine policy debate – is a pretty hollow conception of what party democracy should look like.

One final point on this argument, and that is to note that we have been here before.

When John Howard first introduced legislation containing his homophobic ban on the right of LGBTI-inclusive couples of get married in 2004, the ALP hastily acquiesced. The primary argument used for that capitulation was the need to avoid a messy internal division, especially with a federal election to be held shortly thereafter.

Except that agreeing to support the marriage ban didn’t really help at the ballot box then – and the only long-term electoral consequence of that decision was to give the Greens a massive fillip, and decade-long recruiting tool, something that has been particularly evident at the recent Victorian and NSW elections.

We shouldn’t make the same mistake twice. Holding this particular debate now might be a challenge for some. But shying away from this fight will have much worse outcomes in the long run.

  1. The ALP should agree to a wider range of conscience votes

This argument has reared its head occasionally in recent years, including from the Member for McMahon and Shadow Treasurer, Chris Bowen.

Apparently, rather than agreeing to marriage equality being treated in exactly the same way as nearly every other policy issue, the ALP should instead significantly broaden the range of topics on which we allow individual MPs and Senators to vote solely according to personal preference (or individual whim).

And Barrie Cassidy appears to agree. On Friday he wrote:

“As voting patterns change, parties need to be more diverse. The broad church imperative grows, not diminishes. That means, at times foregoing discipline for flexibility; being more open to conscience votes, not less so.

“Insisting that conscience votes should be limited to matters of religious belief – life and death matters like abortion and euthanasia – is far too limited. They should apply to a range of debates not directly religious, but more a matter of morality and, yes, conscience; issues where feelings are deeply personal and immutable, like surrogacy, adoption, stem cell research, cloning and genetically modified food.”

It’s funny (or more accurately, not amusing in the slightest) that even when pressed to come up with suggestions for additional issues that could attract a conscience vote, all Mr Cassidy could name are further examples where religious conservatives are likely to disagree with the majority Labor position – plus ‘genetically modified food’ which is tacked on rather bizarrely at the end.

For Mr Cassidy, and presumably others like him, things like the offshore processing and resettlement of refugees, the passage of privacy-invading metadata legislation, or even the decision of whether or not to go to war, are not issues ‘where feelings are deeply personal and immutable’.

This goes to the heart of the problem with proposals like those of Mr Bowen – the net outcome of an increase in the use of conscience votes within the ALP is likely to simply be an expansion of the number of issues on which religious or conservative MPs and Senators can undermine the chances of progressive reforms – and that includes on LGBTI policies, too.

This is not about increased party democracy, it is instead about further ways to restrict the ability of left-wing and progressive members of the party, both inside and outside Parliament, to effect change.

And that is before we even deal with the philosophical weakness of the case for more conscience votes, which was so eloquently highlighted by the Member for Griffith, Terri Butler, during the week (discussing marriage equality at 8 minutes, 50 seconds onwards: http://media.smh.com.au/news/federal-politics/childcare-policy-and-marriage-equality-6484325.html ):

“I can’t think of too many issues that we vote on in the Parliament that aren’t moral issues…

“Everything we decide has a moral dimension because it’s always a question of what’s right and what’s wrong when it comes to the nation and the Australian people.

“I think that quarantining out same-sex marriage on morality basis, it just is jarring when you are asking Members of Parliament to vote on other issues that are equally significant to them and to their constituencies.

“…Every single piece of legislation that we consider as a caucus must be considered from a perspective of what’s right for our nation and what’s right for our constituency.”

Hear, hear.

Perhaps the editors of the Sydney Morning Herald should have watched this video, on their own website. It might have helped avoid a second major clanger of the week (after their column on Wednesday, which I was compelled to respond to here: http://alastairlawrie.net/2015/04/29/tanya-pliberseks-principled-stand-threatens-to-achieve-progress-on-marriage-equality/ ).

In today’s editorial (http://www.smh.com.au/comment/smh-editorial/the-shoppies-union-and-labors-samesex-marriage-flaw-20150501-1mxphs.html ), which primarily focussed on the Shop Distributive and Allied Employees’ Association, the preferred union of the Catholic Right, they actually wrote this:

“So angry are many in modern Labor that deputy federal leader Tanya Plibersek decided this week to go public with a plan to match the Shoppies’ use of Labor’s policy and rules forums to force federal MPs into a binding vote in support of same-sex marriage, as opposed to the current conscience vote.

“Unfortunately, Ms Plibersek’s method was equally undemocratic.”

The unavoidable conclusion of this argument – which describes simply seeking the authority of the ALP’s supreme decision-making body to make a policy position binding, in exactly the same way that nearly everything else is, as “undemocratic” – is that any binding policy is similarly undemocratic.

In essence, the Sydney Morning Herald editor(s) are arguing for a political party to be based entirely on conscience votes. Perhaps they, and Mr Cassidy and Mr Bowen for that matter, should be reminded that we had a political party that was based on this philosophy – the Australian Democrats – and they were deregistered by the Australian Electoral Commission last month.

For the rest of us, who still believe in a Party, and movement, based on collective action and solidarity, the case for a binding vote for marriage equality is as clear as ever. And it remains up to us to make that case, as loudly and as frequently as possible, in the three months left til National Conference.

Barrie Cassidy, whose The Drum opinion piece this week could charitably be described as 'not his best work'.

Barrie Cassidy, whose The Drum opinion piece this week could charitably be described as ‘not his best work’.

#ItsTimeToBind – The Quick Guide

During the course of April, I have written a series of articles, and letters, on the subject of a binding vote for marriage equality within the Australian Labor Party, in the lead-up to the expected debate on this topic at ALP National Conference in July.

These posts were accompanied by some (very) simple social media graphics which outline the main points of this campaign, including why the arguments against a binding vote (which we are already hearing, from both inside and outside the Labor Party), are wrong.

In this post I have brought together these graphics, and included the links to the original articles, as a ‘quick guide’ to the #ItsTimeToBind campaign. As always, if you support this campaign, then please feel free to share it far and wide (and if you do, please include the hashtag). Thanks, Alastair

Hey Australian Labor

The original post “Hey Australian Labor, It’s time to bind on marriage equality” from July 2014: <http://alastairlawrie.net/2014/07/13/hey-australian-labor-its-time-to-bind-on-marriage-equality/

Bill Shorten, Will you lead on marriage

My letter to Opposition Leader Bill Shorten, from January 2015: <http://alastairlawrie.net/2015/01/24/bill-shorten-will-you-lead-on-marriage-equality/

Disappointingly, while he hasn’t replied to my correspondence, as at Thursday 30 April, it appears Mr Shorten has decided not to support a binding vote: <http://www.smh.com.au/federal-politics/political-news/tanya-plibersek-push-on-samesex-marriage-faces-defeat-amid-labor-leadership-split-20150430-1mww0s.html

Although it should be remembered, of course, that National Conference in 2011 decided to change the platform despite the opposition of its then Leader (former Prime Minister Julia Gillard) so there is no reason why National Conference can’t decide to change the Party’s rules, by supporting a binding vote, this year.

150403 50 percent versus 100 percentA letter to all ALP MPs and Senators (well, all except five) calling on them to support a binding vote in favour of marriage equality: <http://alastairlawrie.net/2015/04/03/letter-to-alp-mps-and-senators-calling-for-a-binding-vote-on-marriage-equality/

Thank you Tanya Plibersek for supportingA thank you to the Deputy Opposition Leader, the Hon Tanya Plibersek MP, and the Leader of the Opposition in the Senate, Senator the Hon Penny Wong, for supporting a binding vote: <http://alastairlawrie.net/2015/04/05/thank-you-tanya-plibersek-and-penny-wong-for-supporting-a-binding-vote-on-marriage-equality/

And also a response to a later Sydney Morning Herald editorial that attacked Deputy Opposition Leader Tanya Plibersek for standing up for the principle of a binding vote: <http://alastairlawrie.net/2015/04/29/tanya-pliberseks-principled-stand-threatens-to-achieve-progress-on-marriage-equality/

%22Senator Wong's longstanding position is

If the woman on the left could be bound

Letters to the two Labor parliamentarians (Chris Hayes and Senator Joe Bullock) who have publicly threatened to cross the floor rather than vote for marriage equality: <http://alastairlawrie.net/2015/04/07/the-mp-and-the-senator-threatening-to-cross-the-floor-rather-than-vote-for-marriage-equality/

The question Chris Hayes should be asked

Myth_ The ALP always binds on 'gay

A post discussing four of the main arguments used against a binding vote on marriage equality within the ALP, and explaining why they’re wrong: <http://alastairlawrie.net/2015/04/09/4-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong/

Myth 2_ The ALP never binds its MPs and-2

Myth 3_ Marriage equality is too-3

Myth 4_ ALP MPs and Senators should have-4

Myth 5_ The only way to achieve marriage

Another post examining four additional arguments against an ALP binding vote in favour of marriage equality, and why they’re wrong too: <http://alastairlawrie.net/2015/04/16/4-more-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong-too/

Myth 6_ If Tony Abbott gives Liberal-2

Myth 7_ If marriage equality is passed-2

Myth 8_ A binding vote for marriage-5

Myth 9_ The ALP should not 'waste time'-2

And an additional post looking at two more arguments against a binding vote and, you guessed it, explaining why they’re wrong as well: <http://alastairlawrie.net/2015/05/02/2-additional-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong-as-well/

Myth 10_ The ALP should introduce

A binding vote should mean exactly that-2

A look at the suggestion by some that a binding vote should include an ‘explicit right to abstain’ for socially conservative MPs and Senators. Umm, I don’t think ‘binding’ means what you think it means… <http://alastairlawrie.net/2015/04/13/an-alp-binding-vote-for-marriage-equality-should-not-include-a-right-to-abstain/

People 'conscientiously object' to-3

NSW ALP Leader Luke Foley, Will you lead-2

Letters to all State and Territory Labor Leaders, calling for them to support a binding vote on marriage equality in the lead-up to National Conference: <http://alastairlawrie.net/2015/04/20/letter-to-state-and-territory-labor-leaders-calling-for-them-to-support-a-binding-vote-for-marriage-equality/

Victorian Premier Daniel Andrews, Will-2

Queensland Premier Annastacia Palaszcuk,-4

WA Opposition Leader Mark McGowan, Will-2

SA Premier Jay Weatherill, Will you be a-2

Tasmanian Opposition Leader Bryan Green,-2

ACT Chief Minister Andrew Barr, as the-2

* And I am happy to confirm that Mr Barr was very quick to tweet his response: “Yes”.

New NT Labor Leader Michael Gunner, Will-3

If the ALP can bind its MPs and Senators-2

A comparison between marriage equality and other morally and ethically contentious issues, like refugees and metadata, that the ALP nevertheless adopts a binding vote on: <http://alastairlawrie.net/2015/04/22/one-of-these-things-is-not-treated-like-the-others/

If the ALP can bind its MPs and Senators-3

If the ALP can bind its MPs and Senators-4

If the ALP can bind its MPs and Senators-5

#ItsTimeToBind-2

Letters to unions affiliated to the NSW Labor Party calling on them to support a binding vote, because LGBTI members of the ALP, and of the union movement more generally, deserve solidarity too: <http://alastairlawrie.net/2015/04/26/letter-to-unions-affiliated-to-nsw-alp-calling-on-them-to-support-a-binding-vote-for-marriage-equality/ )

150501 IT2B solidarity

& soon-3A look at how far we’ve fallen behind other countries on marriage equality, posted on the day of the US Supreme Court hearings and in the lead-up to the Irish referendum: <http://alastairlawrie.net/2015/04/28/its-time-to-bind-to-stop-us-falling-further-further-behind/

In Australia, we don't need the highest-6

And finally, if you are anything like me, the most important reason why now is the right time to push for a binding vote in the ALP:

#ItsTimeToBind Because we've waited long

Tanya Plibersek’s Principled Stand Threatens to Achieve Progress on Marriage Equality

This morning’s Sydney Morning Herald editorial (“Tanya Plibersek’s Misstep Threatens Progress on Samesex Marriage”), which attacks Deputy Opposition Leader Tanya Plibersek for calling for an ALP binding vote for marriage equality, is misguided and mistaken – about as misguided and mistaken as its pre-2013 Federal Election editorial (you know, the one where they advocated for the Australian people to vote to make Tony Abbott Prime Minister).

The editorial itself appears to be making two main arguments, both of which are wrong:

  1. That Ms Plibersek’s call for an ALP binding vote will prevent the Liberals from adopting a conscience vote. This is a complete misdirection of blame.

The editorial implies that what Labor does on this issue (ie whether it binds, or retains a conscience vote) will determine what the Liberals do. Except that we have already had three and a half years of an ALP conscience vote on marriage equality (during which legislation to introduce it was heavily defeated), and the Liberals have yet to even properly debate it.

The only people who are able to decide whether there is a Liberal Party conscience vote on this issue are Tony Abbott and the members of the Liberal party room; the last time I checked Ms Plibersek didn’t have a vote there. And, even if the ALP votes as a bloc, the last three and a half years clearly demonstrates there is nothing to prevent the Liberals from simultaneously granting their MPs a free vote.

If the Herald is so concerned about the lack of progress on a Liberal Party conscience vote on marriage equality, perhaps they should apportion responsibility for this where it belongs – to Tony Abbott and his Liberal Party colleagues, and no-one else.

  1. That Ms Plibersek’s call for an ALP binding vote is an imposition on the freedom of conscience of her Labor Party colleagues. Once again this completely misunderstands the issue.

What the Herald is really trying to say is that forcing ALP MPs and Senators to vote for marriage equality even where their personal religious beliefs do not support it is an unacceptable imposition on their freedom of religion.

Except that it is not. Nothing in any marriage equality legislation proposed to date would compel any religion to conduct same-sex weddings, or to recognise those marriages within their religion.

If those churches – and the parliamentarians, including some inside the Australian Labor Party, who are members of them – do not want to support marriage equality within their religion, they will be absolutely free to continue to do so.

All that marriage equality legislation would do is amend the secular law of this country to ensure that it does not discriminate on the basis of sexual orientation, gender identity or intersex status. It will allow those Australians for whom marriage is not a religious institution (and, with 72.5% of marriages conducted by a civil celebrant in 2013, that is an overwhelming majority of the country), including LGBTI Australians, to be able to choose whether to marry, or not, for themselves.

And, just as importantly, it would recognise the freedom of religion of those faiths and churches who wish to be able to marry LGBTI-inclusive couples, to do so too.

The alternative, to suggest that the personal religious beliefs of individual ALP MPs and Senators is a justification for them to withhold the right to marry from an entire class of people, from their fellow citizens, simply because of who they love, is not freedom of religion – it is the imposition of a particular religious view on the rest of country.

And that is what is unacceptable in this debate.

So, no, Sydney Morning Herald editor(s), Tanya Plibersek has not made a ‘misstep’ in calling for a binding vote for marriage equality, and she has definitely not derailed progress.

What Ms Plibersek has done is stand up for the principle that the secular law of this country should finally recognise the equality of our relationships, irrespective of who we are.

What Ms Plibersek has done is call for the Labor Party to support the human rights of all Australians, and to do so through collective action, because fundamental equality should not be optional, and because there is absolutely no reason why the ALP, which binds its parliamentarians on nearly all issues, should not bind on marriage equality too.

What Ms Plibersek has done is stand up for the values of me, and thousands of other lesbian, gay, bisexual, transgender and intersex (LGBTI), as well as progressive, members of the Labor Party, and the labour movement more broadly, who are pushing for this change to happen at National Conference in Melbourne in July.

And, contrary to the assertions in the editorial, that is not a failure to demonstrate leadership – instead, this is exactly what leadership looks like. It is a profound shame that the Sydney Morning Herald cannot recognise it.

(To read the full Sydney Morning Herald editorial, click here: http://www.smh.com.au/comment/smh-editorial/tanya-pliberseks-misstep-threatens-progress-on-samesex-marriage-20150428-1mut6z.html )

Deputy Opposition Leader, the Hon Tanya Plibersek MP, who is demonstrating leadership by calling for a binding vote for marriage equality inside the ALP.

Deputy Opposition Leader, the Hon Tanya Plibersek MP, who is demonstrating leadership by calling for a binding vote for marriage equality inside the ALP.

It’s Time To Bind, To stop us falling further & further behind

The US needs their Supreme Court for full marriage equality. Ireland needs a referendum. Australia just needs our parliamentarians to do their job.

Tonight, Australian time, the United States Supreme Court will hear oral arguments in a case to determine whether marriage equality exists, as a constitutional right, across all 50 states.

The decision will probably be handed down in June – and, based on current predictions, it is more likely than not that the United States will have marriage equality, nationwide, before the Australian Labor Party’s National Conference convenes in Melbourne in July (http://www.theguardian.com/society/2015/apr/27/same-sex-marriage-us-supreme-court-arguments-constitutional-right?CMP=share_btn_tw ).

The US Supreme Court, which will hear arguments about marriage equality tonight (28 April). In Australia, the High Court has confirmed that only the Commonwealth Parliament can deliver genuine marriage equality.

The US Supreme Court, which will hear arguments about marriage equality tonight (28 April). In Australia, the High Court has confirmed that only the Commonwealth Parliament can deliver genuine marriage equality.

Another country that is expected to make progress in the coming months is Ireland, which will hold a national referendum on May 22nd. Required by their constitution, current polling puts the ‘Yes’ case there ahead.

Even though prominent figures such as Panti Bliss have expressed their nervousness in the lead-up of the vote (http://www.independent.co.uk/arts-entertainment/comedy/features/drag-queen-panti-bliss-on-the-irish-samesex-marriage-referendum-international-fame-and-the-changing-gay-scene-10168417.html ) it is nevertheless likely Ireland will soon join the ranks of countries that have left Australia far, far behind on this issue.

And, sadly, it is not a short list. As at 28 April, the full list of countries where marriage equality has been introduced (or at least passed, awaiting implementation) includes:

  • Argentina
  • Belgium
  • Brazil
  • Canada
  • Denmark
  • Finland
  • France
  • Iceland
  • Luxembourg
  • Netherlands
  • New Zealand
  • Norway
  • Portugal
  • South Africa
  • Slovenia
  • Spain
  • Sweden, and
  • Uruguay

Marriage equality is also legal in three regions of Mexico, in England, Wales and Scotland within the United Kingdom, and in 37 states, plus the District of Columbia, in the US.

The longer this list grows, the greater our nation’s embarrassment at being a homophobic and discriminatory backwater.

And each and every time this list expands, our determination should correspondingly strengthen to amend our nation’s appalling laws, which actively exclude people from equal recognition of their relationships, solely on the basis of their sexual orientation, gender identity or intersex status.

Unlike the US, the path to doing so will not involve the nation’s highest court. Without a Bill of Rights, or even a comprehensive Human Rights Act, there is no scope for Australia’s High Court to mandate marriage equality in Australia.

And unlike Ireland, we do not need to hold a referendum (or plebiscite) in order for marriage equality to be lawful.

The High Court decision in December 2013, which struck down the ACT’s same-sex marriage legislation (and therefore overturned the marriages of 31 couples), found that the Commonwealth Parliament, and the Commonwealth Parliament alone, has the power to introduce genuine marriage equality in this country.

Which means that it is up to the 226 men and women who sit in our House of Representatives and Senate to step up and fix this mess.

Or at least the bare majority of them.

And it is not too much to ask, as a gay man who has been engaged to be married for more than 5 years, and as someone who has been a member of the Australian Labor Party for 13, that all 80 MPs and Senators from my political party should be part of that majority.

In fact, despite the bleatings of people opposed to a binding vote, this is the bare minimum which we should expect from a centre-left political party, one that has delivered the vast majority of LGBTI law reform in this country, and a party, and movement, which is based on the organising principles of solidarity and collective action.

This is exactly what we, the LGBTI members of the ALP, the progressive members of the Party, and labour movement, and LGBTI and/or progressive members of the broader community, should be asking demanding of the Australian Labor Party at the upcoming National Conference: that the ALP support the full equality of LGBTI people, and of our relationships, and most importantly that every single ALP MP and Senator will vote to make this happen.

If we are successful in July, and a resolution to bind is passed, then the ALP will be able to campaign for the following 12 months with the very simple promise: if you vote for us at the 2016 federal election, we will deliver marriage equality. No ifs, ands or buts.

And then finally, more than 15 years after the Netherlands, more than a decade after countries like Canada and South Africa, and three-plus years after our Trans-Tasman neighbours, Australia will be able to join the 21st century, where entry into marriage is not restricted on the basis of sexual orientation, gender identity or intersex status.

That’s what I, and most Australians, would like to see. And that’s another reason why I believe #ItsTimeToBind.

Letter to Unions Affiliated to NSW ALP Calling on Them to Support a Binding Vote for Marriage Equality

ALP National Conference, to be held in Melbourne from July 24-26 2015, will decide whether or not the Party’s platform position, which supports marriage equality, will be made enforceable on its parliamentarians.

The people making this decision includes Party Leaders, as well as delegates elected from across ALP State and Territory branches. Given the ALP’s proud history, and continued role, as the party of organised labour, it will also be made by delegates representing those unions that are affiliated to the Labor Party.

The following is my letter to the Secretaries of the ALP-affiliated unions in my state (NSW) asking for them, and their unions, to support the push for a binding vote on marriage equality.

In short, for a party and movement founded on collective action and solidarity, there is no reason why LGBTI people, and issues, should be excluded from these principles.

Dear Secretary

Please Support a Binding Vote in Favour of Marriage Equality

I am writing to you, and through you to your union, about an issue that is important to me, and thousands of other lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians: marriage equality.

Specifically, I am writing to call on you and your union to support the principle of a binding vote in favour of marriage equality at this year’s ALP National Conference in Melbourne on July 24-26.

The previous ALP National Conference, in Sydney in December 2011, took the important first step, of amending the platform to officially support marriage equality, irrespective of sexual orientation, gender identity or intersex status.

However, the 2011 conference resolution that “any decision reached is not binding on any member of the Party” effectively guaranteed that marriage equality would not pass during the last term of parliament, and continues to make passage almost impossible today.

This resolution was wrong in principle. It took a matter of human rights – of the equality of LGBTI people – and treated it as something that was ‘optional’, rather than fundamental.

There is absolutely no reason why the question of whether to recognise LGBTI relationships under secular marriage law should be left up to the personal opinions of individual ALP MPs and Senators.

The 2011 conference resolution also ignored the proud traditions of the Australian Labor Party, and the Australian labour movement more broadly, as organisations and movements based on collective action.

As the Secretary of a union, I have no doubt that the principle of solidarity is something that you hold dear.

It is also something that is highly valued by the lesbian, gay, bisexual, transgender and intersex (LGBTI) members of your union, and LGBTI union members (like me) right across the country.

And solidarity is a core belief of the many, many LGBTI members of the Australian Labor Party (again, just like me) found in every State and Territory Branch.

There is absolutely no reason why the core principles of the ALP, of solidarity and collective action, should not apply to issues which are important to LGBTI members of the community, of the Party, and to LGBTI members of the union movement.

In short, there is no justification why the platform position of the Labor Party, which supports marriage equality, should not be made binding on its MPs and Senators – as nearly every other policy position is – simply because it concerns LGBTI rights.

Solidarity should mean exactly that, and explicitly include solidarity to help achieve the full and equal rights of all Australians – including ALP members and union members – irrespective of sexual orientation, gender identity or intersex status.

For these reasons, I urge you and your union to support a binding vote at this year’s ALP National Conference. If you do, and if a new resolution is successful, then not only will it help to hasten the passage of marriage equality, but it would also be a powerful symbol of the growing acceptance of LGBTI people.

Imagine all of the MPs and Senators of Australia’s oldest and proudest political party standing as one, voting as one, to say that they will no longer tolerate the second-class treatment of LGBTI people or their relationships. That would be an incredible moment in the history of our country, of our party, and of the movement – our movement – that helped deliver it.

I write ‘our party’ and ‘our movement’ because I have been a member of the Australian Labor Party for 13 years, and a member of my relevant unions for roughly the same period (ie the entire time I have been in the workforce).

For over seven years, or more than half the time I have been a Party and union member, the ALP did have a binding vote on marriage equality; MPs and Senators were bound to vote against.

Now that the majority of the Australian community, including no doubt the majority of union members, a majority of Labor Party members, and a majority of its MPs and Senators, are in favour of marriage equality, there is no legitimate reason why there should not be another binding vote, only this time in support of equality rather than discrimination.

In 2015, rather than simply having a history of binding against marriage equality, the Australian Labor Party should make history by binding for it.

I hope that you and your union will be part of bringing about this historic change by supporting a motion for a binding vote at National Conference in July.

Sincerely

Alastair Lawrie

One of these things is not (treated) like the others

One of the most compelling arguments in favour of a binding vote for marriage equality within the Australian Labor Party also happens to be one of the easiest to make.

And that is simply noting the many, many examples of morally and ethically complex issues on which ALP parliamentarians are expected to abide by a binding vote – and then asking why marriage equality should be treated any differently?

The obvious answer: it shouldn’t.

Given the Labor Party binds its MPs and Senators on nearly every single policy issue that is debated and voted upon in Commonwealth (and state and territory) parliament, there are plenty of possible examples to choose from. This post will look at just four:

  1. Refugee policy

If there is a single issue in the contemporary political arena that raises profound questions of morality and ethics, then refugee policy is it. I have my own strong views on it, as do most members of the Australian community (many of whom I would vehemently disagree with, particularly when considering the results of the last federal election).

Inevitably, so do Labor members of parliament – there are some who would probably agree with boat ‘turn-backs’ (arguing that they prevent mass drownings) and offshore processing and resettlement, just as there are no doubt many ALP MPs and Senators who do not support these measures because they sincerely believe them to be inhumane.

But, despite these differences of opinion, and ignoring the strength of convictions on this topic, when former Prime Minister Julia Gillard and the majority of the caucus decided to reinstate offshore processing in 2012, leading to the indefinite detention, processing and resettlement of refugees in Nauru and on Manus Island, Papua New Guinea, there was no conscience vote.

Instead, all MPs and Senators were required to vote in favour of the ‘Pacific Solution Mark II’ – and if they hadn’t, they would have been expelled from the Party.

It is impossible for anyone to argue that, if ALP parliamentarians can be bound to support the offshore processing and resettlement of refugees (including, of course, the detention of LGBTI refugees in two countries that criminalise homosexuality), they cannot similarly be bound to support the recognition of the fundamental equality of LGBTI relationships under secular law.

Former Speaker Anna Burke, one of Labor's most outspoken critics of the offshore detention, processing and resettlement of refugees.

Former Speaker Anna Burke, one of Labor’s most outspoken critics of the offshore detention, processing and resettlement of refugees.

  1. Metadata

Turning to a more recent example – in March, the federal Labor Opposition voted for, and consequently guaranteed the passage of, legislation that requires the compulsory retention of, and allows law enforcement agencies warrantless access to, the metadata of every Australian citizen.

Argued for on the basis of preventing terrorism by a Government that seeks refuge in the welcoming arms of ‘national security’ whenever it encounters poll troubles (which makes it, at the very least, highly questionable policy), there were a number ALP MPs and Senators who internally expressed their opposition to this massive intrusion into our private lives (including at least one high profile inner-city frontbencher, whose personal stance against the data retention scheme was reported in the media: http://www.theguardian.com/australia-news/2015/mar/25/exclusive-albanese-spoke-out-against-metadata-bill-in-shadow-cabinet-meeting ).

In a party that is founded on the principles of solidarity and collective action, those same MPs and Senators were nevertheless compelled to support the legislation in parliament, no ifs, ands or buts.

Once again, it is incredibly difficult for anyone to seriously argue that, if Labor parliamentarians can be bound to support the Abbott Government’s metadata laws (which, in the views of some at least, represent one of the biggest encroachments on the civil liberties of Australians, ever), they cannot equally be bound to vote for something, like marriage equality, that would actually enhance the rights of its citizens.

  1. Single parent payments

One of the more controversial Budget decisions taken by former Treasurer Wayne Swan was the change to single parent payments, that effectively forced single parents – and primarily single mothers – onto the dole when their youngest child turned 8.

As with the previous two issues, there was significant backbench disquiet when these measures were first raised, on the basis of economic injustice, although that dissent did not prevent its adoption by the caucus, and therefore its passage in parliament thanks to a binding vote of ALP MPs and Senators.

Fast forward to the ALP leadership contest in September and October 2013, and both contenders for the top job, Anthony Albanese and Bill Shorten, argued (some might say acknowledged) that this decision had been a mistake (see: http://www.smh.com.au/federal-politics/political-news/leadership-rivals-agree-cut-for-single-parents-was-wrong-20130922-2u81m.html ).

If the ALP can bind its parliamentarians to support a cut to single parent welfare payments, something that was strongly argued against at the time, and which was later conceded as a ‘mistake’, including by the current Opposition Leader, why can’t it bind its MPs and Senators to support a policy that does not take anything from anyone, but would instead only give happiness to those couples who choose to participate?

  1. Live animal exports

The fourth and final issue which raised serious moral and ethical concerns for many members of the ALP caucus (this time borne out of concern for animal welfare), but on which those MPs and Senators were nevertheless still bound, was live animal exports.

Specifically, in 2011 and following the ABC’s Four Corners report, both when the decision was taken to suspend the live export of cattle to Indonesia, and again when the decision was taken to lift that suspension, all ALP parliamentarians were expected to vote in favour of these policies.

And, despite vocal criticism from a not insignificant number of backbench MPs at the time, ultimately crossed the floor against the position of the Government.

Just like the issues described above, if ALP MPs and Senators can be bound to support the live animal export of sheep and cattle, they can be bound to support the ability of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians to get married.

All four of these issues have raised, and continue to raise, profound moral and/or ethical issues for many members of the ALP caucus, whether those concerns relate to human rights (refugees), civil liberties (metadata), economic justice (single parent payments) or animal welfare (live animal exports).

There is nothing about the issue of marriage equality – which for most involves the question of LGBTI rights, but for others (however mistakenly) is solely about religious freedom – which makes it any more special, or controversial, or deserving of an opt-out clause from what would otherwise be a binding position of the Party.

In short, while one of these issues, marriage equality, might currently be treated not like the others, it is in fact exactly like the others – an important public policy issue, and one that may raise moral or ethical concerns for members of the caucus, but about which the ALP nevertheless adopts a position. There is absolutely no reason why that position should be made ‘optional’ with respect to marriage equality, especially when it is not for the other four.

Which means that, if the ALP can bind its MPs and Senators to vote for:

  • the offshore detention, processing and resettlement of refugees
  • the compulsory retention of and warrantless access to our metadata
  • cuts to the single parent welfare payment, and
  • the live export of sheep and cattle;

then it can also bind its parliamentarians to vote for LGBTI equality, including the equal recognition of our relationships in the Commonwealth Marriage Act.

Letter to State and Territory Labor Leaders Calling for Them to Support a Binding Vote for Marriage Equality

It is now almost three months since I wrote to the Federal Opposition Leader, Bill Shorten, calling on him to take the lead on marriage equality by supporting a binding vote within the Labor Party (http://alastairlawrie.net/2015/01/24/bill-shorten-will-you-lead-on-marriage-equality/ ).

While I continue to wait for a response to that correspondence, we should remember there are other parliamentary leaders of the Labor Party in Australia, who also have a duty to stand up for the lesbian, gay, bisexual, transgender and intersex (LGBTI) members of their respective communities, and for the LGBTI members of their state and territory branches of the ALP.

The following is my letter to these leaders, asking them to support a binding vote for marriage equality in the lead-up to the National Conference in July (with a slightly more detailed letter sent to the first out parliamentary leader of a Labor Party in Australia, and the first out head of any Australian Government, ACT Chief Minister Andrew Barr).

Mr Luke Foley, MP

Leader of the NSW Opposition

Parliament House

Macquarie Street

SYDNEY NSW 2000

leader.opposition@parliament.nsw.gov.au

Monday 20 April 2015

Dear Mr Foley

PLEASE SUPPORT A BINDING VOTE IN FAVOUR OF MARRIAGE EQUALITY IN THE LEAD-UP TO THE 2015 ALP NATIONAL CONFERENCE

As you are aware, there are now approximately three months left until the 2015 National Conference of the Australian Labor Party.

One of the issues to be considered at this event is actually unfinished business from the previous National Conference, held in December 2011, and that is the position that the ALP adopts on marriage equality.

While that gathering took the welcome step of making support for marriage equality an official part of the platform, it also immediately undermined that policy stance by ensuring all MPs were to be given a conscience vote when it came before Parliament.

That decision – to ‘support’ marriage equality, but then make that support unenforceable – guaranteed that any Bill would fail in the last Commonwealth Parliament, and continues to make passage in the current Parliament extremely difficult (even with any Liberal Party conscience vote).

However, you, and the delegates to this year’s National Conference, have the opportunity to help right that wrong. And make no mistake, the conscience vote is inherently wrong, not just because of its practical impact in making legislative change unobtainable, but also because it is unprincipled, and un-Labor.

Having a conscience vote on something like marriage equality, which is a matter of fundamental importance for many members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, says that our human rights are optional, our equality is optional.

A conscience vote makes it clear that homophobia, biphobia, transphobia and intersexphobia are acceptable, that the second-class treatment of our relationships is officially condoned, that Labor Party MPs are free to treat LGBTI Australians as ‘lesser’ simply because of who we are. In essence, a conscience vote on marriage equality is unconscionable.

A non-binding vote on marriage equality is also ‘un-Labor’ because it is contrary to the principles of collective organising upon which the party is founded. The idea of solidarity is supposed to reflect core philosophy, not simply act as an empty slogan, and definitely not something that is abandoned simply because some caucus members cannot abide the thought LGBTI people might enjoy the same rights that they do.

A conscience vote on this issue, from a party that adopts binding votes on nearly everything else (from refugee policy to metadata and almost all things in between), also makes it difficult for the Australian community, and the LGBTI community in particular, to take the platform position in favour of marriage equality seriously.

This is something that can, and must, be changed at this year’s National Conference, given only it has the power to introduce a binding vote in favour of marriage equality for all ALP MPs.

Acknowledging that there will be groups both inside and outside the ALP who will strongly oppose any moves to support full LGBTI equality, achieving a binding vote on marriage equality will be difficult, and therefore requires the support of parliamentary leaders within the party who are willing to do just that, to ‘lead’.

Which makes the question at the heart of this letter: as leader of the NSW parliamentary Labor Party, will you help lead on marriage equality?

It’s time for you, and the other state and territory leaders, to use the influence of your positions to help support a binding vote in favour of marriage equality, thereby declaring once and for all that LGBTI human rights are not optional, that LGBTI equality is absolutely not optional.

Doing so would signal to the many hundreds of LGBTI members of the NSW ALP, and the many, many thousands of LGBTI members of the NSW community, that the Labor Party will stand up for all people, irrespective of sexual orientation, gender identity or intersex status.

Adopting a binding vote for marriage equality would send an incredibly powerful message, showing that the modern Labor Party is a genuinely inclusive, and genuinely progressive, political movement, and one that is fit to lead in the 21st century – and simultaneously show how backwards, and out-of-touch, the Liberal and National Parties are on this issue.

In short, the option to support a binding vote on marriage equality is full of opportunity, with multiple benefits and few, if any, adverse consequences. I sincerely hope it is an opportunity you, and other state and territory Labor leaders, are willing to grasp, and grasp firmly.

If you do, you can help make marriage equality a genuine possibility in 2016 or early 2017, rather than something which will continue to be delayed until 2018, 2019 or even into the 2020s.

For the benefit of my fiancé Steve and myself, and the thousands of other LGBTI-inclusive couples who are still waiting for the same right to marry which other couples can simply take for granted, please support a binding vote in favour of marriage equality at the 2015 National Conference, and help make our long-overdue weddings a reality.

Sincerely

Alastair Lawrie

NSW Opposition Leader Luke Foley, who announced he supported marriage equality in February. Will he now back that up with support for a binding vote to help make marriage equality a reality?

NSW Opposition Leader Luke Foley, who announced he supported marriage equality in February 2015. Will he now back that up with support for a binding vote within the Labor Party to help make marriage equality a reality?

Additional letters sent to:

The Hon Daniel Andrews Premier of Victoria Level 1, 1 Treasury Place East Melbourne VIC 3002 daniel.andrews@parliament.vic.gov.au

The Hon Annastacia Palaszczuk MP Premier of Queensland Level 15, Executive Building 100 George Street BRISBANE QLD 4000 thepremier@premiers.qld.gov.au

The Hon Mark McGowan MLA Leader of the WA Opposition Parliament House Perth WA 6000 leader@loop.wa.gov.au

The Hon Jay Weatherill MP Premier of South Australia GPO Box 2343 ADELAIDE SA 5001 Online contact form: http://www.premier.sa.gov.au/index.php/contact

The Hon Bryan Green MLA Leader of the Tasmanian Opposition House of Assembly Parliament House Hobart TAS 7000 bryan.green@parliament.tas.gov.au

Mr Andrew Barr MLA ACT Chief Minister GPO Box 1020 Canberra ACT 2601 barr@act.gov.au

Mr Michael Gunner MLA Leader of the NT Opposition GPO Box 3700 Darwin NT 0801 opposition.leader@nt.gov.au

* And a very rapid response from the ACT Chief Minister Andrew Barr, confirming his support for a binding vote:

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