My Top 12 of 2012

On the last day of 2012, I thought it might be an opportune time to reflect on the major achievements, and disappointments, for the LGBTI community over the past 12 months. The following list of 12 highlights (or indeed ‘lowlights’ for a few) include a mix of domestic, and international, developments, as well as a couple which are not directly LGBTI-related, but which indirectly could have a major impact on LGBTI people. Of course, any ‘list-making exercise’ involves inherently subjective judgments about what is important, and I would be interested to hear your views about what should have made the list but is not included (and vice versa).

And so, in no particular order, here are my 12 highs and lows of 2012.

Gardasil Vaccine Image

1. Boys to get free Gardasil vaccine

On 12 July, Federal Health Minister Tanya Plibersek announced that, from next year, boys aged 12 and 13 would be provided with three free doses of the Gardasil vaccine, which protects against the Human Papilloma Virus (HPV). This is a massive long-term win for the LGBTI community – and in particular gay and bisexual men – and finally overturns the homophobic decision of the previous Government to exclude teenage boys from the National Immunisation Program.

The then Health Minister, Tony Abbott, who initially resisted listing Gardasil for anyone, eventually chose to restrict free access to Gardasil to school-age girls on the basis that this would protect these girls from HPV, and the boys who would in future sleep with them, thereby reducing the prevalence of HPV across the ‘broader community’. Except that, obviously, it would do little to reduce HPV prevalence amongst men who have sex with men, who would not be immunised.

This is significant because, while most people understand that HPV causes cervical cancer, it also causes penile, anal, and mouth and throat cancers. So, as a result of Tony Abbott excluding boys from accessing this vaccine from its commencement in 2007, there will be a six year cohort of gay and bisexual men who could have been protected against the cause of many types of cancer, but will instead potentially suffer long-term serious health consequences. To me, that is the epitome of the phrase blood on his hands.

Still, this is not to detract from the announcement by Minister Plibersek, and the amazing achievement that all gay and bisexual men born in Australia from the year 2000 onwards will have a dramatically reduced risk of developing cancer. Well done, Tanya.

2. National LGBTI Aged Care and Ageing Strategy

Another major achievement by the Federal Government this year was the release of the National LGBTI Aged Care and Ageing Strategy by the Minister for Mental Health and Ageing, Mark Butler. This strategy, released on 20 December, is absolutely essential to help end the stigma of silence surrounding, and the direct and indirect discrimination confronted by, older LGBTI people as they engage with aged care services and enter aged care facilities.

The fact that it was released at all is a testament to the hard work, over many years, by people such as academic Jo Harrison, and the National LGBTI Health Alliance, and of course to a Minister and Government that was willing to both listen to, and work with, the community on this issue. The strategy is also backed up with a commitment of funding (at least $2.5 million), which will help aged care service providers to learn how to be inclusive of LGBTI individuals, couples, carers and their families.

However, this is funding that must also be protected from a Shadow Treasurer, Joe Hockey, who has already identified this bucket of money as a potential saving should the Coalition win Government next year. So, well done Mark, and hands off, Joe.

3. Government MPs, including PM Gillard, join with Coalition to vote down marriage equality

Of course, when it comes to assessing the record of the Federal Government on LGBTI rights in 2012, most people will (quite understandably) not be able to look past the failure of the parliament to pass marriage equality. Dozens of ALP MPs, including Prime Minister Julia Gillard, Treasurer and Deputy Prime Minister Wayne Swan, and former Prime Minister Kevin Rudd, joined with all but one member of the Coalition (Liberal Senator Sue Boyce, who notably abstained), to vote against legislation which would have finally granted genuine equality to same-sex relationships.

This defeat was inevitable because of the decision by the ALP national conference in December 2011 to grant a conscience vote to its parliamentarians, rather than enforce a binding vote in favour of marriage equality. But just because defeat was inevitable, and expected, does not mean it was any less devastating for those of us longing to be acknowledged as first-class citizens.

Indeed, the scale of the defeat – 98 votes against and 42 in favour in the House of Representatives, and a somewhat closer 41 votes against and 26 in favour in the Senate – was particularly disheartening, especially as it shows the fight for equal marriage is likely ten or more years away from success.

The fact that the Prime Minister was one of those who stood intransigently against LGBTI Australians is something that will never be forgotten. This is someone who is able to identify and eloquently denounce sexism and misogyny ‘wherever she sees it’, but who either has a blind spot when it comes to homophobia, or who warmly embraces it. Shame, Julia, shame.

*The one positive development when it comes to marriage equality under federal law came in January when the Attorney-General Nicola Roxon implemented another ALP national conference decision, which was to allow same-sex couples marrying overseas to be issued with Certificates of No Impediment (CNI). As well as overturning the homophobic policy of previous Attorney-General Phillip Ruddock, this decision means that many more Australian couples – like Steve and I – will at least be able to marry elsewhere, even if our own country doesn’t recognise it.

4. Campbell Newman rolls back the clock

One of the most disappointing developments of 2012, especially for someone who grew up in Queensland during the 1980s and early 1990s, was the speed and scale of the newly-elected Liberal-National Party Government’s ‘crusade’ against LGBTI rights. Elected with a huge majority (78 seats out of a parliament of 89), Campbell Newman and his colleagues wasted no time in identifying the number one issue which they needed to address – the fact that LGBTI Queenslanders had come dangerously close to being accepted as equal.

In their first 9 months in office, the Newman LNP Government has:

  • Removed funding for the Queensland Association for Healthy Communities (QAHC), the only HIV/AIDS peak body in the state which services the men who have sex with men (MSM) community. The Health Minister Lawrence Springborg attempted to justify this decision on the basis that HIV rates were rising faster in Queensland than in the rest of the country – but the figures released later in 2012 showed that HIV rates have actually declined in Queensland, counter to a national rise. Which leaves just one possible explanation for why QAHC was defunded – the homophobia of the LNP and Minister Springborg.
  • Amended the civil union laws, which had been introduced by the Bligh Government at the end of its term, to remove the ability of same-sex couples to have a legally-binding ceremony. Apparently having any ceremony at all was ‘mimicking’ marriage and needed to be outlawed as a matter of priority.
  • Announced that it will remove the ability of same-sex couples (as well as single people) to access surrogacy. It is still unclear what the penalty will be for couples who break this proposed law, although at various times during the year it appeared the Newman Government would introduce gaol terms for people whose only crime was attempting to found a family.
  • Introduced a new ‘student protection’ policy which will require school staff, including counsellors, to report to the principal any sexual activity between a student under 16 with someone over 16 (irrespective of their actual age difference), and of any student between the ages of 16 and 18 who has engaged in ‘sodomy’. This policy further entrenches the discriminatory age of consent provisions in Queensland (which has a higher age of consent for anal intercourse), and poses a danger to the health and safety of students who are simply seeking counselling and advice. At this stage it appears that school nurses – who are employed by Queensland Health rather than the Education Department – are exempt from this policy, although how long that exemption lasts remains to be seen.

The christian fundamentalist war against LGBTI people being waged north of the Tweed is a possible blueprint for a newly-elected Abbott Liberal-National Government to implement federally. Which makes the federal election to be held sometime during 2013 all the more important. In the meantime, the LGBTI people of Queensland are watching their rights being dismantled, one at a time. Shame, Campbell, shame.

5. Uganda debates ‘kill the gays’ bill

There have been several distressing stories internationally during the year. The appeals court in Cameroon upholding a three-year gaol term for Jean-Claude Roger Mbede simply for sending a text message to another man saying “I’m very much in love with you” was heart-breaking. The backwards steps being taken in Russia are also an obvious concern (not only do gay pride parades remain banned, but attacks against LGBTI Russians are rising at the same time the Russian parliament is considering legislation to outlaw ‘propaganda of homosexuality among minors’).

But without doubt the number one ‘lowlight’ internationally this year was the move by parliamentarians in Uganda to introduce capital punishment for homosexuality. The Anti-Homosexuality Bill (or Kill the Gays Bill as it is commonly referred), if passed, would mean Uganda would join 7 other countries where homosexuality is subject to the death penalty, out of 76 countries where being LGBTI is still a crime.

As the year ends there has been a short reprieve, with the Bill not coming on for a vote until at least February 2013, and some reports that the death penalty may ultimately be dropped from the Bill – although sadly not imprisonment. Still, the prospect of a country potentially introducing capital punishment for homosexuality this decade is almost too depressing for words.

Allout image

6. The emergence of AllOut (@allout)

One of the key groups which emerged to draw attention to, and fight against, the Kill the Gays Bill, was AllOut (a New York-based organisation which uses online and real-world tools to help the global LGBT movement for equality). In fact, I would argue that the emergence of AllOut is itself a major highlight of 2012.

AllOut is taking the best and most up to date models of activism and applying them to causes as diverse as LGBTI equality in Brazil, same-sex parenting in the EU, ending gay ‘cures’ in California, as well as trying to help stop the Ugandan Kill the Gays Bill. Here’s hoping that AllOut has a long and proud future, as it complements the work of existing and established organisations like the International Lesbian and Gay Association (ILGA).

7. International moves towards marriage equality

Another highlight of 2012 was the ongoing progress of the marriage equality movement. Leaving aside victories in the US (which I will discuss below), marriage rights were extended to LGBTI couples in Denmark in June. And the governments of Scotland, Luxemburg and France have all committed to marriage equality in the next few years. In England and Wales, and New Zealand, it appears likely that equal marriage will be passed next year by parliaments with conservative governments (Tory Prime Minister David Cameron is helping to drive legislation in Westminster, while National Party Prime Minister John Key has indicated he will support a private member’s bill in the Beehive).

The fact that two conservative leaders have embraced marriage equality shows just how far this movement has come over the past few years, and the fact that further progress is inevitable. Of course, it also further underscores just how out of touch and embarrassing Julia Gillard and Tony Abbott are on this issue, but one day they too will be mere footnotes to our record of achievement.

8. The United States takes a giant leap for LGBTI ‘humankind’

It seemed like 2012 was the year in which the United States of America, and its people, finally ‘got it’ when it comes to LGBTI equality. The President, Barack Obama, announced that he supported marriage equality back in May (in part because he could muster no arguments against it when discussing the topic with his daughters). He was subsequently re-elected to serve a second term, and it seems that his pro-equality stance was a help rather than a hindrance (something which Julia Gillard should – but probably won’t – notice).

But Obama’s re-election was just one of many victories on Tuesday November 6 – a date on which LGBTI rights in the US took a bigger step forward than any single day since the Stonewall Riots in 1969. After 32 consecutive losses in state-wide referenda on same-sex marriage, all four states which voted in November bucked the trend and supported equality. As a result, Maine, Maryland and Washington became the 7th, 8th and 9th US states to introduce marriage equality, while a referenda to ban same-sex marriage in Minnesota was also defeated.

The significant of these victories should not be underestimated. For years, the radical right in the US has used these ballots to ‘get out the christian vote’ – indeed, Karl Rove employed this strategy to help George W Bush secure re-election as recently as 2004. Instead, in 2012, the American people decided to vote for acceptance and inclusion rather than intolerance and hate. What. A. Change.

To top things off, in Wisconsin, Tammy Baldwin was elected as the first openly gay person ever to serve in the US Senate. And that’s not even counting the fact the most influential political analyst of the US election was a gay man, Nate Silver.

This truly was a watershed election, and paves the way for bigger changes in the future. Which might be upon us sooner than we thought, with the US Supreme Court to hear cases considering both Proposition 8 (the Californian ban on same-sex marriage), and the constitutional validity of the Defense of Marriage Act, in 2013. Let’s hope that the Court’s decisions are amongst the highlights (and not lowlights) of next year.

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9. Hip-hop comes of age

There was a similar sea-change when it came to US popular culture this year. After many, many, many years of waiting, it seems like hip-hop finally started to change its homophobic ways, and to deal with the subject of homosexuality with a little bit of respect rather than just a whole lot of ‘faggots’ and ‘fucking homos’.

Leading the charge was Jay-Z, who followed Obama’s announcement by declaring that he too backed equal marriage rights. Other hip-hop stars also expressed their support. Rappers Macklemore and Ryan Lewis then released one of the best bits of pro-LGBTI propaganda of the past few years (well, outside of the 2011 GetUp! video anyway) in the form of single Same Love, which was also used in the successful marriage equality referendum campaign in Washington State. And Azealia Banks (of 212 fame) came out at as bisexual in February, a statement which may take on even more significance in February 2013 when she releases her debut album.

But for mine the most important development in hip-hop in 2012 was the beautiful and tender letter written by rapper Frank Ocean, talking about his first love – a man – and published the week before his full-length debut Channel Orange was released. This was a hip-hop star not just coming out, but coming out at the start of his career, and making no apologies for who he was and who he loved.

Of course, there have been other music stars who have come out (Elton John, George Michael, KD Lang, Melissa Etheridge, and countless others), but usually this has been at the end of their careers – or at least long after they were well established. Even ‘out and proud from the beginning’ groups like the Scissor Sisters (personal favourites of mine) have played in the more traditionally gay-friendly genres of pop and dance, rather than the decidedly less accommodating field of rap/hip-hop.

What made Frank Ocean’s declaration even more significant was that he backed it up with what has been widely recognised as the best album of the year – which is just one of six categories in which he is nominated for a Grammy. Channel Orange is a brilliant collection of highly personal songs, including several which are sung to or about a male love interest. Bad Religion is just about the best piece of art on the subject of unrequited (same-sex) love ever. Frank Ocean didn’t just make gay hip-hop for a gay audience, he made great hip-hop that covered many topics, including same-sex love, and looks to have found a large audience around the world. Even if you don’t like his music, you cannot help but admire his accomplishments.

10. Royal Commission into Child Sex Abuse

This is the first of two developments which are not explicitly LGBTI-related but which are fundamentally important to all Australians, including the LGBTI community. The decision by the Federal Government to appoint a Royal Commission into child sex abuse is a necessary first step in dealing with this evil scourge, as well as recognition of the courage of people like Detective Chief Inspector Peter Fox and numerous others in pushing for it, despite many setbacks along the way.

There are two potential long-term consequences for the LGBTI community as the Royal Commission runs its course. The first is that the hypocrisy of the Catholic Church, and other religious organisations, will become ever more apparent. Some of the same religious figures who have been arguing about the so-called ‘perils’ of recognising the love between two consenting adults, have also been involved in negligent inaction within their own churches about the very real problem of child sex abuse. Some may even ultimately be found to have engaged in the criminal cover-up of child sex abuse, instead preferring to pay hush money to the victims and simply moving the offenders around. The fact that the broader community will be able to see through the hypocrisy of these figures should make it much easier to push for LGBTI equality in the future.

The second consequence is much more ambiguous. One tactic which christian fundamentalists could resort to during the Royal Commission is to blame ‘gay priests’ for child sex abuse, and to try to link homosexuality and paedophilia in the public debate. This strategy, blaming ‘the gays’ for child sex abuse, was used by bigots like France Arena in NSW in the 1990s, and it is easy to see it being attempted again – with much unpleasantness all round.

But I think this ultimately could be a good thing. Public understanding of these issues has moved on since then. Provided the Royal Commission is handled sensitively and gay and lesbian lobby groups are ready for the debate, this could actually be an opportunity to forever break any connection between these two essentially unrelated ideas (homosexuality and paedophilia).

11. Asylum seekers are sent to Nauru and Manus Island

Again, this ‘lowlight’ is not directly LGBTI related. But I would include it here because any time a country turns its backs on asylum seekers – to the extent that it chooses to send them to detention centres in other countries for unspecified periods of time – is something so terrible that it cannot, and must not, be ignored. To put it bluntly, this is a national disgrace, and something which the Labor Government and Liberal-National Opposition should forever be ashamed about. Unfortunately, given the current state of political debate in our country, there does not seem to be much hope this situation will change any time soon.

Of course, as I have written previously, there are LGBTI dimensions to this issue as well. There will inevitably be some asylum seekers who are sent to Manus Island and Nauru who were seeking asylum in Australia because of LGBTI persecution in their home country. It should also be noted that, for gay and bisexual men who are detained in either of these centres, both Nauru and Papua New Guinea criminalise male homosexuality, and so they may be exposed to prosecution on that basis. Still, this is an issue which is larger than just these injustices to LGBTI asylum seekers – no asylum seeker should be imprisoned simply for seeking safety from persecution. Not now, not ever.

12. Exposure Draft Human Rights and Anti-Discrimination Bill 2012

I thought I might end on a positive note – and also something which represents unfinished business for 2013. In November, the Federal Government finally released the exposure draft Human Rights and Anti-Discrimination Bill 2012. As well as consolidating the existing protected attributes of race, sex, disability and age, this Bill would for the first time provide federal anti-discrimination protection to lesbian, gay, bisexual and transgender Australians (*at this stage, intersex people are not properly protected, although hopefully that will be rectified during the committee stage).

If passed, this legislation would be another significant LGBTI-related achievement by the Labor Government. Building on relationship recognition and public sector superannuation reforms in 2008, passport changes for transgender people, Gardasil vaccinations for boys and the National LGBTI Aged Care and Ageing Strategy (both above), this would contribute to a fairly broad-based and substantial record of reform. To some extent, it is a shame that the failure to recognise marriage equality is so large a defeat that it overshadows much of this significant level of achievement. But then the Government has no-one to blame for that than itself.

Still, that is getting ahead of ourselves. Returning to the Bill, there are two major hurdles left to overcome. The first is in securing sufficient cross-bench support so that the Bill passes the House of Representatives, although the noises on this seem to be positive. The second, much more difficult, hurdle to overcome is ensuring that the legisation is passed before the federal election is called. With at most five months of sitting time left in this parliament, it is touch and go whether the Bill will be passed in time. Whether it does is the most important domestic LGBTI story of the first half of 2013. Fingers (and toes) crossed.

Senate Submission on Marriage Equality

Earlier this year, I made a lengthy submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Marriage Equality Amendment Bill 2010. I – and 79,200 other Australians. The majority of these (approximately 46,400 submissions) were in favour of marriage equality, although we all know that our parliamentarians ultimately ignored them, and many other public policy arguments, as they voted to entrench discrimination against LGBTI Australians.

Unfortunately, given the volume of submissions received, the Committee chose to only publish 360 submissions in total, and mine was not one of the select few. As the year draws to a close I thought I might publish what I submitted to the Committee. On reflection, it does tend toward the ‘ranty’ at times, but I think this simply reflects the passion which I felt (and still feel) on the issue. Which also helps to explain the length. Fortunately, I will be able to reuse much of this submission as the NSW Parliament has its own inquiry into marriage equality in the first half of 2013.

Anyway, here is the full text of my submission:

Submission to the Senate Inquiry into Marriage Equality

Please note that this submission reflects my personal views only and does not reflect the views of any other person or organisation.

Introduction

I am writing to strongly support the urgent introduction of marriage equality, and to call for the federal parliament to remove one of the final major pieces of discrimination against lesbian, gay, bisexual, transgender and intersex Australians.

It is somewhat frustrating to have to go through this process in 2012. To have to, once again, ask for the rights which should be granted as a matter of course, to demand action to remove a form of discrimination which should have been erased from the law books long ago. Of course, this frustration has been shared in the past by campaigners for gender and racial equality, who were forced to continue to protest and take action to gain equality, long after it should have been introduced. But just because this frustration is shared, doesn’t mean it is any less disheartening.

And it is also disheartening to have to engage in the same debate, to have to listen to the same so-called arguments against marriage equality, which are generally based on either prejudice (on a bad day) or ignorance (on a good one). The arguments for equality, which include the recognition of love, the introduction of genuine equality irrespective of sexual orientation or gender identity, and the symbolism of acceptance, are so compelling that the debate on this issue has already been won, amongst the family and friends of LGBTI Australians, in the wider community, and in the public sphere. The majority of Australians have come to recognise that marriage equality is something that should have already happened.

In fact, the only place where support for marriage equality seems to be in the minority is in the federal parliament. Well, later this year, our 226 elected representatives have the opportunity to finally redress this injustice. Our federal parliamentarians have the chance to treat love equally, to show that all Australians should be treated fairly no matter who they are attracted to, in short, to bring Australia into the 21st century.

But it is more than simply a chance to do what is right, it is an obligation. Our 226 elected representatives have an obligation to represent all of their constituents, not just the heterosexual ones. They have a responsibility to respect the rights of a minority, even when other groups demand that the law be used as a weapon to discriminate against that minority. Our elected representatives should be striving to eliminate homophobia, in the same way that our society continues to strive to overcome sexism or racism.

I hope that, later this year, our federal parliamentarians will seize this historic opportunity, and fulfil their obligations, to support the passage of marriage equality.

The major arguments against same-sex marriage

To begin the substantive part of this submission, I would like to rebut the main arguments which our opponents use to deny marriage equality, namely, that marriage is about religion, that marriage is about children, and that marriage is about tradition. Each of these is fundamentally wrong, as I will explain:

i)                    Marriage is a religious institution which cannot accommodate same-sex couples

There are so many things wrong with this statement it is difficult to know where to start. It is completely inaccurate and inappropriate in contemporary Australia. There is no religious test for people who wish to get married – anyone is welcome (christian, muslim, jew, hindu, buddhist, atheist and agnostic alike). And it goes without saying that, despite historical restrictions on religious ‘intermarriage’, people can also marry outside their religious affiliation, so it therefore cannot be considered a sacrament to a particular god. Marriage ceremonies also do not need to be religious – indeed, the vast majority of ceremonies are performed civilly (65% in 2008). Above all, a marriage in modern Australia is more likely to be simply a celebration of the love between two people, shared by their family and friends, than a solemn vow in front of their god or gods.

More fundamentally, the federal Marriage Act, which defines marriage and from which its legal rights and obligations flow, is a secular law, passed by a secular parliament, within an entirely secular system of government. Or to put it another way, because of the separation of church and state, Australia is not legally or formally a christian country, and its laws are not the exclusive plaything of christians. This is the only fair approach in a modern society – surely it is unjust to impose religious laws on those who are not ‘believers’, or deny citizens equal rights on the basis of their religion, or their lack of religion.

The most extreme example of the ‘gay marriage should be banned because of religion argument’ is a convoluted one, which goes something like: for some people, marriage is religious, and they would not accept same-sex marriage, so the granting of same-sex marriages to others would somehow be an infringement of their religious freedom. This has absolutely no weight, confusing as it does the freedom of religion (for religious people to conduct a wedding in the manner of their choosing) with a supposed freedom to impose their religious views on others (and thereby infringing on the equally important freedom from religion).

It also conveniently ignores the fact that several religious organisations would themselves like the right to perform same-sex marriages, so a same-sex marriage ban would infringe on their freedom of religion. Finally, I believe that religious differences can easily be accommodated by the current exemptions within the Marriage Act, which mean that no religious celebrant can be compelled to officiate over any ceremony which they do not support. Nothing in any current proposal for marriage equality would compel a church to allow same-sex ceremonies where they do not wish.

All in all, there is absolutely no religious reason why marriage should remain exclusively between men and women.

ii)                   Marriage is about children and therefore gay men and lesbians need not apply

The regularly-raised Simpsons-esque ‘won’t somebody think of the children’ argument also has no substance whatsoever. Apparently, marriage is about children and only those opposite-sex couples who intend to have children, and indeed who are capable of having children, should get married. I say apparently, because it seems a lot of married couples didn’t get that memo. Think of the people who get married beyond their natural reproductive age. Or who get married and have absolutely no intention of having children. Or who get married and are incapable of having children.

It also seems to have escaped the marriage vows ‘industry’. I can’t recall anyone getting married and promising to have the other person’s children. Instead, marriage vows, quite understandably, seem to focus on the love between two people. In fact, the book of common prayer vows state “to be my lawful wedded wife/husband, to have and to hold from this day forward, for better or for worse, for richer or poorer, in sickness and in health, to love and to cherish, til death us do part, according to God’s holy ordinance; and thereto I plight thee my troth.” There is no mention of children, and after all, wouldn’t it be included here if bearing children were so central to the rite of marriage?

The next variation of ‘won’t somebody think of the children’, claims that the best way to raise children is within heterosexual married families, as only opposite sex couples can reproduce naturally and only marriage provides a stable family environment. Once again, this proposition is full of holes. It ignores the reality that many gay and lesbian couples are having children, whether through surrogacy, artificial insemination or adoption. These rainbow families are real, and they are increasing. They are also good parents – independent studies by reputable psychologists have found that children raised by rainbow families are doing fine. In 2007, the Australian Psychological Society found that “parenting practices and children’s outcomes in families parented by lesbian and gay parents are likely to be at least as favourable as those in families of heterosexual parents, despite the reality that considerable legal discrimination and inequity remain significant challenges for these families.” If people genuinely cared about the children of these families, surely we should be arguing for the right of their parents to get married, if they so desire.

The ‘straight married families are best’ argument is also incredibly disrespectful to the diverse range of families in contemporary Australia. There are many wonderful married opposite sex parents, just as there are awful married opposite sex ones. That split applies equally to unmarried opposite couples too. There are amazing single parents, just as there are terrible ones. There are couples who stay together for the sake of their children, but probably shouldn’t. And there are all kinds of families who do the best they can for their child or children, no matter what the situation. In short, family structure does not guarantee anything, but the love of a good parent or parents counts for so much more.

So, that leaves just one of the most commonly used troika of arguments against equal marriage to rebut.

iii)                 Marriage is about tradition and it should remain ‘just the way it is’

This is the weakest argument of the three. Tradition as an argument only works where it meets one necessary pre-condition: that the tradition involved is an inherently good one. This is because tradition alone is never enough to justify the retention of a fundamentally flawed institution. Australia, and indeed the western world, has done away with many social policies over time that were once deemed traditional: slavery was traditional, terra nullius was a long-held custom, and yet both have been quite rightly swept away because they were abhorrent.

To argue against changing something, solely because of tradition, to unquestioningly state that what is now, is what automatically should be, forever more, is quite plainly a ridiculous position to adopt.

Many of the features of modern Australia would not exist if our predecessors had blindly worshipped at the altar of tradition – women would not have the right to vote, let alone be Prime Minister, and indigenous Australians would still be third class citizens. Many of Australia’s major social reforms were achievements because they removed outdated and inappropriate social traditions, and not in spite of this.

In terms of marriage, it is a well-respected tradition within the community (at least in concept, if not reflected in divorce rates), and one that arguably can perform a valuable social function in terms of organising social relationships. However, one must be careful to distinguish between the feature that gives it value – that marriage is the union of two people in a loving relationship – and other traditions which are associated with it, but not a core element. That is why the essential meaning of marriage has survived, despite the significant changes that have been made to the institution over time. For example, marriage is now seen as the union of two equals, rather than simply a man taking possession of a woman. As we have seen, marriage has gone from most being performed religiously, to most being civil. Marriage between races was once prohibited, now miscegenation laws are (thankfully) a distant memory. The introduction of divorce laws, in the first instance, and then later of no-fault divorce, have both been welcome improvements to the operation of marriage, but have not fundamentally altered its underlying meaning.

That is why, although marriage itself may be traditional, and the exclusion of same-sex couples from marriage has a long history, support for the former does not mean hanging desperately onto the latter. The exclusion of lesbians and gay men from marriage is not an inherently good tradition, worthy of continuation, especially when we have finally reached a point as a society where we understand that all citizens should be treated equally, irrespective of sexual orientation or gender identity. At least a dozen other countries have shown that you can amend marriage laws, removing the homophobic exclusion of same-sex couples, and yet retain its core meaning (of recognising the love between two people). The tradition of marriage does not mean that it cannot or should not ever change. To the contrary, the tradition of social progress within Australia means that we must change the marriage law to be inclusive, to reflect the 21st century. That act will not weaken the institution of marriage, it will instead make it more relevant to a new generation of Australians.

Other arguments against same-sex marriage

There are a range of other arguments which are occasionally raised in ‘defending’ the institution of marriage from the homosexual invaders. They range from the ridiculous, to what are essentially distractions, to the downright homophobic, so I will only touch on them rather than delve into too much detail.

i)                    Same-sex marriage will devalue the marriages of opposite sex couples who are already married.

This argument goes something like: marriage has a particular meaning for some people, which appears to derive value from excluding same-sex couples, and so they will feel their relationship is lessened or cheapened if same-sex couples have access to it. It is hard to engage with people who hold this view. If your marriage relies on other people being discriminated against for it to survive, then you need to focus on your relationship more and what other people do less. After all, what will it matter if Sue and Sandra down the road get married? And where do you have room in your heart for the love of your spouse, when it is already full of intolerance for people who are different to you? Your marriage will not change if my fiancé and I get married. If you want to prefer to think of marriage as being between a man and a woman, then you are free to do so in the comfort of your own relationship. But don’t deny other people their rights because of your insecurity.

The apotheosis of this argument was recently put forward, in its most ridiculous form, by Frank Brennan. He stated that “[t]he Commonwealth Parliament should not legislate to change the paradigm of marriage unless and until the majority of persons living that paradigm seek a change.” This is a novel point of view. I would love to know whether this means women should have waited for the majority of men to eventually figure out that the sexes were equal before they demanded change, or for indigenous people to be satisfied with their second-class status while white folk decided whether they were good enough or not. All citizens have the right to hold an opinion about a law, and not just those people who currently have access to a particular institution. To say otherwise denies the democratic process, and the agency of people who are discriminated against to advocate for reform.

ii)                   There will be unintended, unspecified consequences of allowing equal marriage

This argument is always vague, because its proponents can never spell out what any of these consequences might be. Because they are scared of this particular change, they suspect that the sky might fall in. In practice, the only negative consequence of gay people getting married will be gay people eventually getting divorced – in just the same way as heterosexual couples already do. No one else would be affected.

iii)                 Other issues are more important that equal marriage

It is incredibly difficult to argue against this proposition because it is basically true. There are indeed many other more important issues in the world. But, this argument ignores the fact that as a society and as a parliament we are capable of concentrating on multiple issues at the same time. And it also underestimates how easy it would be to fix this particular problem – all it would take is one bill, amending the Marriage Act and instantly, equality achieved. It is difficult to say that about many other social issues (and, in a best case scenario, could be done by the middle of the year). It is incorrect to say same-sex marriage is a distraction if it is one so readily resolved.

iv)                 The slippery slope argument

This argument starts our descent into the territory of outright homophobia. It was the one raised recently by fundamentalist christians in the Great Hall of Parliament House, when they hysterically asserted that equal marriage for LGBTI citizens will lead to men marrying children or humans marrying animals (or even inanimate objects). Not only does it raise the utterly grotesque and offensive stereotype of ‘gay men as paedophile’ (when we know that most child sexual abuse happens within the heterosexual family unit), it also completely devalues the institution of marriage itself, as the union of two equals, based on love and consent. Those conditions cannot exist in the ridiculous examples listed. The people involved in making such arguments should be laughed at when they spout such nonsense.

v)                  Equal marriage will ‘promote’ homosexuality

This argument is often followed by ‘and will lead to homosexuality being taught in schools’. Again, this argument is fundamentally based on homophobia. Apparently, if we treat lesbians, gay men, bisexuals, transgender and intersex people as equal citizens, then this will result in other, ‘normal’ people catching one of these infectious letters of the alphabet, much like catching the flu. Leaving aside the fact that being any one of these things is a perfectly natural thing (in the same way that being heterosexual is natural), it also does not reflect the reality of my experience, or anyone else I know from the LGBTI community. Saying that being gay is normal, or teaching kids that society is incredibly diverse and includes people with different sexual orientations and genders, will not mean people ‘catch’ gay or transgender. But it might just mean that a kid who is questioning his or her sexuality or gender identity will find acceptance rather than bullying, and might ultimately be spared from becoming one of the sad statistics in our epidemic of sexuality-related youth suicide.

vi)                 Gay people are not equal and do not deserve equal rights

In one sense, the people who make this argument should be respected for at least being honest, and not trying to dress their homophobia up as defending religion, children or tradition. On the other hand, if you are alive in 2012 and genuinely believe that you deserve more rights than me because you are attracted to someone of the opposite sex and I am attracted to someone of the same sex, then I feel sorry for you – the modern world must be a truly scary place to live in when you hold those bigoted views. But guess what, it is only going to get worse for you from here on – society will keep on marching towards equality, and your views will look worse and worse as time goes by.

In summary, we have seen that there are no strong arguments against the recognition of equal marriage – in fact, there are no substantive arguments at all. And even more importantly, the introduction of equality will cause no harm whatsoever. The churches will not be harmed because they will be free to not celebrate same-sex weddings. It will not make any difference to couples who are already married, or opposite-sex couples who plan to get married (well, other than some more competition for wedding venues). It will not harm children to know that there are gay people in the world – indeed, it will help some as they themselves will be same-sex attracted and it may make their coming out much easier.

The only groups who claim they will be ‘harmed’ are bigots and homophobes, as if the granting of legal rights to others compromises their own rights. This is of course not true – they are free to continue to disagree with same-sex marriage, but they should not be free to impose their prejudice on others, nor abuse the legal system in order to do so.

Arguments in favour of same sex marriage

Of course, logically, the absence of a negative does not mean a positive. While there is no reason to oppose same-sex marriage, there needs to be a positive reason for the parliament to adopt a legislative change. From my perspective, there are four main reasons: love, equality, symbolism and health benefits.

i)                    Recognition of love

The main argument for the recognition of same-sex marriage is the same reason why we have marriage at all – to celebrate the love between two people. I have attended the weddings of my sister, of my brother, of other relatives and of friends. Each ceremony has been wonderful (well, with the exception of the mandatory ‘Ruddock clause’, where the current definition of opposite sex marriage is read out, presumably to rub in the noses of gays and lesbians in attendance – this offensive piece of hateful propaganda is unnecessary in a ceremony which is essentially about love). Each ceremony also involves the warm embrace of the couple, both literally and figuratively, by their family and friends.

The love between gay couples is no different to the love between opposite sex couples, and deserves to be recognised in exactly the same way. On a more personal level, I see no reason why the love which I share with my wonderful fiancé Steve, should not be celebrated by my family and friends too. Or why we cannot stand in front of our 100 nearest and dearest and say ‘I do’. In fact, I am conscious of the fact that my parents have already reached their mid-60s. If marriage equality is lost this year, then we may have lost the opportunity for reform for 10 or 15 years.

I would be absolutely devastated if either one of my parents were not able to be here to celebrate my legal marriage simply because some people within the federal parliament now are hard of heart and mean of spirit, and want to perpetuate the ongoing discrimination against same-sex couples within our marriage law. I know that Steve feels exactly the same way – he would be gutted if either of his parents, or his grandma, were not alive when we finally had the legal right to get married in our own country. I do not understand the mentality of any parliamentarian who believes they have the right to deny that to us.

ii)                   Equality

The second argument in favour of same-sex marriage is an even simpler one. That is, people should not be treated differently on the basis of sexual orientation or gender identity; straight, gay, lesbian, bisexual, intersex and transgender people all deserve the same human rights. We have reached the point in public debate when even most of the opponents of same-sex marriage (except the truly homophobic) concede that same-sex relationships deserve all the same ‘legal rights’ as opposite sex couples. They then go into complete logic meltdown when they try and justify why they actually mean ‘all the same legal rights – except marriage’ because there is no justification to restrict the fundamental principle of equality from applying to this right as well. If gay and straight are truly equal, then same-sex marriage is not only inevitable it is also essential.

iii)                 Symbolism

No-one should underestimate the strength of this argument. It is why the gay and lesbian community is arguing so passionately, and it is also why our homophobic opponents are so upset at the possibility. If as a society we say gay people can get married, then we are saying once and for all that ‘gay is okay’. Full stop. No exceptions. Our current level of acceptance of gay people is inherently qualified – you are okay but, you are equal except, you have most of the same rights, just not all. It has led to many LGBTI Australians, myself included, feeling permanently like second-class citizens. It is also one of the reasons why I believe the internet ‘It Gets Better’ project has been so powerful and so popular. Because our parliament refuses to tell young gay and lesbian people that they are full citizens, just as worthy as their straight counterparts, it has been up to private citizens to communicate that message to their younger counterparts. I can imagine a large and incredibly diverse range of the LGBTI community collectively shedding a tear when the federal parliament delivers equal marriage, a legislative equivalent of ‘It Gets Better’, to its citizens.

iv)                 Health benefits

I touched on this earlier, in responding to those who say same-sex marriage will promote homosexuality. I suspect they mean it will ‘convert’ people or make people ‘catch gay’ (which is patently ludicrous). But, if they mean it in the sense it will encourage people who are actually lesbian, gay, bisexual, transgender or intersex to accept themselves and live a happier life, then I say “Damn right!”

As most people would know, LGBTI youth are far more likely to suffer from depression, to attempt suicide or most tragically to take their own life. And as most people would know, many of these mental health problems stem from their lack of acceptance by friends, family and society at large. Being denied full equality is surely a part of this. As eloquently put by psychologist Paul Martin in the GetUp! ad on 19 November, “until we end institutionalised discrimination, same-sex attracted young people in particular will continue to suffer as a result of the message [of inequality] we are sending them”.

From personal experience, I know the pain of living in an environment which does not accept you. Growing up gay on a farm outside a small town in Queensland, with very conservative parents, and then attending a religious boarding school which made no secret of its disdain for homosexuals, I almost became one of the statistics – it is only through a combination of luck and strong will that I did not take my own life, where so many others have and sadly continue to do so. So I know that, while it would not change the world completely, introducing same-sex marriage would make things just that little bit brighter for young gays and lesbians around the country. And that can only be a positive thing.

You will note that I have excluded some of the other arguments which are commonly employed by some people. For example, I do not have a lot of time for the argument that introducing same-sex marriage will lead to an economic bonanza (that a pink wave of weddings will lead to a boom in related industries) because I think that this trivialises what is fundamentally a question of human rights.

I also do not include the growing acceptance of gay marriage, as evidenced through opinion polls, as a stand-alone justification for its introduction. I think the arguments for the introduction of same-sex marriage described above are so powerful, and the arguments against so weak, that it should be introduced irrespective of its level of community support, whether that be 20, 50 or even 80%. Human rights are human rights, and remain rights even if there is popular opposition to them.

So, we have seen that there are no substantive arguments against equal marriage, and strong arguments for its urgent introduction. Which means that the result should be straight-forward, shouldn’t it?

Civil unions are not the answer and would only be a distraction

I am growing concerned that, later this year, some parliamentarians may try and take the focus away from genuine marriage equality, and instead aim for ‘civil unions’. This worry derives from the fact that civil unions are a red herring which can easily distract otherwise sensible people from the goal of full equality. Superficially, the argument that some people have concerns about the term marriage, so why don’t we give same-sex relationships the same legal rights but call it something else (ie civil unions), is attractive. Everyone wins, right?

Wrong. Civil unions are a compromise that would satisfy no-one. Setting up an entirely new system of relationship recognition for LGBTI Australians would not end discrimination, instead it would perpetuate and entrench it. If we are trying to overcome the treatment of people as second-class citizens we would not give them a second-class relationship category. The principle of ‘separate but equal’ has been comprehensively debunked from Brown v Board of Education of Topeka 1954 onwards. Separate but equal can never be equal.

Civil unions would also only ever be a half-way house. Even in countries which have introduced civil unions as an attempted compromise, the movement for full marriage equality continues – and will likely ultimately succeed. Therefore, the introduction of civil unions here should not be countenanced, whether by people who see it is a useful stepping stone or others who see it as a useful tool to suppress or delay equality. I cannot put it any more bluntly than this – in 2012 nothing short of full equality will do. Other groups do not accept separate but equal status, and lesbian, gay, bisexual, transgender and intersex Australians will not accept second-class status either.

Conclusion

So, as has become clear through-out this submission, there are no strong public policy arguments against equal marriage, and several strong arguments in favour. No-one would be harmed by its introduction, and there are no other valid options except for full equality. So now is the time for our 226 elected representatives to live up to their collective responsibility and just get it done already.

One of the best aspects of this issue is just how easy it is to redress. It would take just one Act of parliament to achieve. There would be no cost involved to the government, and none to the citizen – with the exception of those couples who could then chose to enter into a marriage (a choice which should be theirs alone and not the choice of their parliamentarians to make on their behalf). There are very few times when parliament can do such a purely positive thing, to immeasurably increase the human happiness of their constituents, without any negative or cost. I implore you to take advantage of this opportunity now and not let it wait another 10 or 15 years.

I ask you that, because, on a personal level, I am engaged to a wonderful man and would dearly love to be able to get married in my own country, and to have as many of my family and friends to be there as possible. I met my fiancé Steve 2 weeks after my 30th birthday. I had begun to doubt that I might ever meet the one, and then suddenly there he was, right in front of me. He is the most wonderful partner I could ever imagine, and I love him with all my heart. We have been together for almost four amazing years, through thick and thin, and I hope that other couples, same-sex and opposite sex, have relationships as good as ours.

Steve and I got engaged over two years ago. At some point in the next year or two, we will have our wedding. Obviously, we are both looking forward to the celebration that entails. We have delayed naming the date in the hope that we might be able to do so in Australia, depending on what happens in federal parliament later this year. If marriage equality is passed, then we will be able to have around 100 of our nearest and dearest present with us for our special day.

But, in the event the legislation fails, then we do not see any way that it will be passed in the next five years (at least – and more likely 10). We would obviously not wait for the next Bill, and be engaged for potentially close to a decade, if not longer, but would be forced instead to go overseas and get married in a different country. While some people may think that this is romantic or an adventure, I think that it is profoundly disappointing.

It would mean that many of our friends, and at least some of our family members, will not be able to be there with us (whether that be because they have small children, it costs too much, they cannot take time off work, it is too far etc). Because Steve and I are a ‘normal’ engaged couple – in the sense that we both plan on only having one wedding in our lifetimes – this means that parliamentarians who vote no on marriage equality this year are effectively taking those people away from our ceremony, limiting the amount of people who can be there for our wedding day. I am acutely aware that those lost memories will never, ever be given back.

I hope that this is something which parliamentarians who are considering voting no think about before they cast their vote later this year. In fact, I would welcome the opportunity to be able to discuss the issue of marriage equality, face to face, because I am confident in the power of the arguments for, and in the weakness of the arguments against. However, given I will likely not be able to speak directly with those parliamentarians before the Bill, I would like to conclude my submission with a personal message, and a series of questions, just to them.

A message to the parliamentarians considering voting against marriage equality

To those MPs and Senators who are considering voting against legislation which would introduce marriage equality, I would like to make the following points:

  • Of all the bills which you will vote on in your entire parliamentary career, there will always be a group of people in the community who will judge you according to this particular vote, and whether you stood up for equality and love, or for discrimination and prejudice.
  • If you do not appreciate the characterisation of the issue in that way, then I am sorry, but you are going to have to get used to it. This vote is that simple – either you vote for equality or against, either you believe that lesbian, gay, bisexual, transgender and intersex Australians are first-class citizens, or you think they are inherently second-class.
  • Further, if you vote no on marriage equality, then please do not ever again say that you stand up for lesbian, gay, bisexual, transgender and intersex Australians, or believe that they deserve equal rights. If you do so, we will rightly point out your hypocrisy.
  • Down the track, if your views change and you come to regret your vote, then please do not say that you did not understand what you were doing at the time – the arguments have all been made, and you must be aware by now of the consequences of your actions.

And finally, I would like to leave you with the following questions to contemplate before you vote no:

  1. Have you told all of your gay and lesbian colleagues, staff, friends and family members that you think they are second-class citizens and deserve less legal rights than you?
  2. Have you considered how you are likely to reflect upon this vote in 20 years’ time – will you be proud of your actions in parliament, or will you try and disown them?
  3. Are you comfortable being remembered as someone who stood against the tide of progress, in the same way that we now consider someone who supported apartheid, or who supports discrimination against women or indigenous people?
  4. Will party allegiance or political considerations be enough to make you feel better for having voted against the human rights of your fellow citizens?
  5. Given we all know that marriage equality will eventually be achieved, at some point in the next two decades, what will voting against it this year actually achieve, other than simply delaying the inevitable?
  6. What would you say to an elderly lesbian, whose partner dies between now and when equal marriage is ultimately legalised, but who was never able to legally marry the person they love, at least in part because of your actions?
  7. How would you explain your vote to a mother or father, who simply wants to celebrate their gay son’s wedding, in exactly the same way they have celebrated the wedding of their heterosexual son and/or daughter?
  8. What message do you want to send to a same-sex attracted youth , growing up in a country town and having trouble accepting their sexuality in a society which does not value them as much as their straight peers?
  9. How will you feel, waking up the day after the vote, knowing that your actions have helped to break gay and lesbian hearts rights across the country?
  10. Finally, and most importantly, if you had a gay child or grandchild (or your best friend had a gay child or grandchild) could you honestly explain to them why you thought you were better than them, and that you deserved to have a legal right that they did not, just because you were straight and they were not?

Update 28 December 2012

So you may have noticed that this blog has been fairly quiet the past two months. There are a few reasons for that. The first is that I started a new job at the beginning of November. It is as a policy and media officer for a community sector organisation. I haven’t worked in that sector before, nor have I worked as directly with the media, so I thought it might be useful to concentrate on that job until I got a better handle on what is involved.

Second, I have been getting more involved in the NSW Gay & Lesbian Rights Lobby (GLRL). In early December I was elected to the committee of management, and am now the chairperson of the Anti-Discrimination Working Group. This is obviously taking up some of my time, particularly in figuring out how things operate, but it also means that some of what I write is now on behalf of the Lobby, and not myself.

That includes a submission I drafted in late October to the consultation process on the National LGBTI Ageing and Aged Care Strategy (as an aside, the final strategy was released on 20 December – congratulations and thanks to Minister Mark Butler and all who have been involved in the many years of lobbying for this important document). The submission has not been published at this stage, and whether it is put on the web is a matter for the GLRL.

But, now that I am settled at work, and have some more time on my hands, I will resume writing more regularly – and hopefully publishing something every two or three weeks. Over the next month, I will also ‘clear the decks’ of some other things which I have written this year, including putting up my submission to the Senate Marriage Inquiry (which was not published by the Committee), my submission to the Senate Anti-Discrimination Inquiry (which will hopefully be published by the Committee as well) and following up my letter to Minister Chris Bowen on LGBTI asylum seekers – which sadly he has not yet responded to. I hope to write a bit more on issues of secularism and the separation of church and state in the new year as well.

Finally, I should reiterate that what I write here is purely personal in nature – I am not writing on behalf of my community sector organisation, nor is anything included here written on behalf of, or speaking for, the GLRL. These are my own thoughts, and this is my own voice.