Bill Shorten’s Marriage Equality Bill Second Reading Speech – The Annotated Version

When the Opposition Leader, the Hon Bill Shorten MP, gave the second reading speech on his marriage equality legislation on Monday 1 June, 2015, he omitted to mention a few key points, especially in relation to his ongoing opposition to a binding vote within the Australian Labor Party. Here is my annotated version of his speech, with some suggested additions:

“I move that the bill be read a second time.

The laws of our nation should give us hope. Our laws should tell our children what we believe. Our laws should tell strangers who Australians are. [And the issue of marriage equality tells strangers that the Australian Labor Party is, currently, unwilling to fully support the equal rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians.]

Our laws should be a mirror…reflecting our great and generous country and our free, inclusive society. [But please don’t hold that mirror up to the pockets of the Party I lead that are not ‘great and generous’, but are instead mean-spirited and support the exclusion of people from an institution of love on the basis of who they are.]

And our Parliament should be a place where we make things happen rather than sit back and let them happen. On marriage equality, for too long we in this Parliament have been following, not leading. It is within our power to change this. [Despite my speech today, I have no intention of using my influence, and the power of my office as Party Leader, to pursue a binding vote in favour of marriage equality at the upcoming ALP National Conference, because that would be dangerously close to leading, not following.]

This Parliament can change a law that no longer describes modern Australia… and pass a law of which we can all be proud. [Well, most of us anyway – without a binding vote, there will be members of my Party who vote against this issue of fundamental equality, and who, by implication, should be ashamed of their actions.]

Let us delay no more. Let us embrace a definition of marriage that respects, values and includes every Australian. Let us declare, in the house of the Australian people – it is time. The right time to make marriage equality, a reality.

This is a moment bigger than politics. This moment does not distract the nation – it complements our hopes for the future. [And I will not be distracted by frankly ridiculous notions that the Australian Labor Party, should, in the future, treat this issue like nearly every other matter of public policy by having a binding position on it.]

I know all members of Parliament will engage in a respectful and considered debate, and I hope will be able to exercise a free vote. [I sincerely hope that the MPs and Senators within my own Party who oppose the human rights of their fellow citizens simply on the basis of their sexual orientation, gender identity and intersex status will be able to continue to do so.]

I pay tribute to the Member for Sydney, for offering her place on this bill to a member of the Government. Tanya, thank you. [Although my thanks do not extend to you for standing up for the principle of LGBTI equality, and for explaining, persuasively and with conviction, why it demands a binding vote, because it has shown up my own lack of leadership on the subject.]

Your actions, the advocacy of Senator Penny Wong and the goodwill of many across the Parliament, prove that bipartisanship is not the problem here. What matters is the outcome, not who owns it. [I will ensure Labor cannot ‘own it’ because its parliamentarians will remain free to vote against it.]

Madam Speaker, for decades, the march to equality has been led by remarkable Australians from every part of our country and all walks of life.

Governments from both sides of politics have delivered real progress too. The Fraser Government passed Whitlam law, decriminalising homosexuality in Commonwealth territories, following Don Dunstan’s lead in South Australia.

Paul Keating lifted the ban on Australians who identified as gay serving in our military. The Rudd and Gillard governments removed discrimination against same-sex couples from more than 80 laws.

In Victoria, the Napthine Government expunged the records of people who were charged under long-repealed homosexuality offences. Changing the Marriage Act is the next, overdue step in the path to true equality. [You didn’t really expect me to mention in this speech the ALP’s role in voting for the Howard Government’s homophobic ban on marriage equality in 2004, or the fact that its MPs and Senators were collectively bound to oppose it for the following seven and a half years,  did you?]

Madam Speaker, I’m a twin – it’s a special thing, growing up, an inseparable bond. But for other twins where one twin is gay and the other is not, the Marriage Act is the only Australian law that separates siblings.

It’s a double standard which divides families, and our country. It’s not fair and it’s not who we are. And it should change. [Although what I don’t propose to change are the rules of my Party which allow Senator J Collins to vote against it, while MP J Collins votes in favour, which mean Senator S Conroy can vote in the opposite direction to MP P Conroy, which result in Senator D O’Neill rejecting LGBTI equality even while MP C O’Neill advocates for it, and which allow Senators K Gallagher and A Gallacher’s votes to cancel each other out. That double standard will remain long after July’s ALP National Conference if I have my way.]

Currently, marriage is defined as: ‘the union of a man and a woman.” Those eight words maintain a fiction that any other relationship is somehow inferior. [A fiction which some Labor parliamentarians will be free to continue, not just to believe, but to actively try to impose on their fellow citizens.]

Our legislation proposes a new definition: ‘the union of two people.’ And it allows celebrants the choice of referring to ‘partners’, as well as husband and wife.

To some, this may seem a small gesture. In truth, this means so much, to so many. To all lesbian, gay, bisexual, transgender and intersex Australians, we offer change that says: your relationship is equal under the law. [Please note, however, that conditions DO apply: you can only redeem this offer in the electorate offices of about four fifths of ALP MPs and Senators around the country.]

To the parents, children, friends and families of same-sex partners, just as the people you love are equal and valuable in your eyes, their relationship should be equal and valuable in the eyes of our law. To same-sex couples, we offer the right to celebrate your love with the public measure of devotion: marriage.

When someone has found not just another person they can live with, but a person they can’t live without, then they should have the same right to the true qualities of a bond that runs deeper than any law. [Unlike the bonds of a political party, with a long history of solidarity and collective action, which I am prepared to ignore in order to allow some parliamentarians to cast their votes against your right to marriage.]

The same joy and sacrifice. The same care and compassion. The same rights and responsibilities. And we say to all young gay people. We are proud of you, for who you are. You belong. [Although some of us are less proud of you than others, and some of us don’t think you belong in a wedding ceremony at all.]

We say to you, you have a right to the same hopes, dreams and opportunities as every other Australian including the right to marry the person you love. [But individual ALP parliamentarians also have the right to crush those hopes and dreams, and limit those opportunities, solely because of who you are.]

In removing discrimination from our country’s laws, we strive to eliminate prejudice from our people’s lives. [Just not entirely eliminating it from our caucus room.]

Let’s be honest. Casual, unthinking discrimination and deliberate, malicious homophobia alike, are still far too common in our conversations. In our schoolyards, our workplaces and our sporting clubs…and even, occasionally, our Parliament too.

This affects community, neighbourliness, harmony and mental health in our cities and especially our regions and the bush where physical remoteness can aggravate a sense of isolation.

We know two out of five young Australians who are gay have thought about self-harm or suicide. Two out of every five. [We also know that about one out of every five ALP parliamentarians will likely be voting against the equal rights of LGBTI people, and sending the message that who you are is less than, worse than, cisgender heterosexual people.]

We know a young Australian who identifies as gay is six times more likely to consider taking their own life, compared to their sibling, classmate, colleague or teammate. Six times.

When I was finishing school in the 1980s, youth suicide was still a taboo topic. I can remember hearing of the passing of young men, and no-one spoke of how they died. I can close my eyes and see their faces, forever young.

And I wonder now, if for some, the stigma and the struggle of imagining a future, lonely, isolated, treated differently was too much to bear. Marriage equality says to young people who identify as gay, you are never alone. You belong. [I am sincere in this belief, and about the need to address youth LGBTI-related mental health issues, and the tragedy of suicide. I just can’t sincerely say I am doing everything in my power to support marriage equality.]

This is an act of fairness for all ages. On the weekend, I spoke with Sandra Yates, from Devonport in Tassie. Like hundreds of other Australian couples, she and her partner Lee Bransden have been forced to travel to New Zealand to marry.

Sandra and Lee had hoped to marry at home surrounded by friends and family but Lee is terminally ill, and has been told she only has weeks to live. Their community raised money to fund their trip and fulfill their dream.

They are thrilled to be married…and sad it couldn’t happen here, in the country they love. [And I am genuinely sad about this situation, too – just not enough to try to override the right of Chris (Hayes) & Joe (Bullock) to vote against Sandra & Lee.]

Lee’s voice should be heard in this place: “Please, help switch on the light for same-sex couples and take us out of the darkness.” [But don’t make the light too bright, lest it expose the darkness in the hearts and minds of some of our MPs and Senators.]

Lee, Sandra, you, your friends and families should not have to wait one day longer for recognition. And this legislation will ensure that same-sex marriages, recognised in another country, are recognised here.

A law that forces our citizens to travel overseas, or to the grounds of another nation’s embassy, to have their relationships recognised is a law not worth keeping. [Unless enough individual parliamentarians think it is worth keeping, in which case, well, I guess that’s fine by me.]

I have not made a habit of speaking publicly about my faith, and I do not seek to preach to others today. I do believe in God and I do believe in marriage equality. For me, there is nothing contradictory about extending love, compassion, charity and respect beyond heterosexual Australia.

I understand, that for many people of different faiths, this is a complex question, I respect this. It is why I support a free vote. [Let’s be honest again, while exactly zero of the many Bills proposing marriage equality to date impose any obligation on religions, or religious organisations, to recognise marriage equality, I am willing to allow individual MPs and Senators within the Labor Party to attempt to impose their own religious definition of marriage onto 23 million other Australians. Their personal opinions are clearly more important than the freedom of religion, and from religion, of everyone else.]

And why this legislation makes it clear that no minister of religion can be compelled, or is obliged, to conduct a particular marriage…including one where two people are of the same sex. All ask in return that this respect be mutual.

Just as churches, mosques, temples and synagogues of all faiths and traditions will be free to choose if they consecrate same sex marriages. Let the same respect allow Australians to freely choose who they marry, without vilification or judgment. [Unfortunately, I know that this respect will not be mutual within my own Party. There will be some ALP parliamentarians who will continue to judge, and in some cases vilify, LGBTI-relationships as second class – and, no, I am not prepared to directly challenge them, and their outdated beliefs, by seeking to bind them to vote in favour.]

So often in our history, Australia has led the world in social and economic progress. The right to vote, pensions, the eight-hour day. Our healthcare and superannuation systems are among the best in the world. But on marriage equality, we have fallen behind. [And my own Party has played its part in this state of affairs, both in the good, and also in the bad.]

Like so many Australians, two Sunday mornings ago, when I first heard the result of the Irish referendum I thought: if the Irish can do it, why can’t we? How can Ireland, New Zealand, 37 US States, England, Scotland, South Africa and Canada and Brazil, Iceland and Uruguay be ahead of us? [Of course this is a rhetorical question only – please don’t point out that, if the ALP had adopted a binding vote in 2011, marriage equality would have passed three years ago, and this entire debate now would, thankfully, seem faintly ridiculous.]

Twenty countries have already recognised the merit of marriage equality. I am confident Australia will. [But without a binding vote, I cannot confidently say that a newly-elected Labor Government under me would definitely be able to pass it.]

I don’t want us to wait, any longer. We cannot assume this change is inevitable. We cannot imagine it will just happen. We, the 44th Parliament, we have to step up, to rise to the moment. [Unless that involves stepping up by voting for equality, 100%, in which case I say, ‘yeah, nah’.]

Today, is neither the beginning, nor the end, of the journey to marriage equality. [The next logical step on my side of the political aisle would be the adoption of a binding vote at the ALP National Conference in July, although I have already made it clear I do not want that to happen.]

But I hope…with goodwill on all sides, with co-operation, with respect for one another this can be a historic step forward. Given a free vote, I believe this Parliament is ready for a definition of marriage which reflects the modern, inclusive and egalitarian Australia we love. [It would of course be even more ‘ready’ with an extra half-dozen or more votes in favour of change in both chambers – and, if it falls short by that margin or less later in the year, then I will have to accept at least some of the responsibility for that.]

We are ready to be as generous and kind-hearted as the Australians who trust us. Millions of Australians have waited long enough for this act of justice and inclusion. [And I am proud to say a large majority of the Party I lead will vote to deliver it – expect of course for those who don’t. They’ll be free to continue to support injustice and exclusion, on the basis of their personal opinion.]

The opportunity of a generation is before us now. The moment is here. Let this law reflect the nation we want to see in the mirror: generous, smart, modern, diverse, honest and, above all, equal. Let’s switch on the light. [The light has a dimmer switch installed, however, and its brightness is reduced by the proportion of ALP MPs and Senators who vote no. Until we have a binding vote on LGBTI human rights, our Party’s famous ‘light on the hill’ will shine less brightly for lesbian, gay, bisexual, transgender and intersex Australians.]

Let’s make 2015, the year when Australia embraces marriage equality. Let’s make it happen, together. It’s time. [Please, Tony, please, help pass marriage equality this year, because if it doesn’t succeed then people might question why I didn’t do everything I could to support it. If I did I would be writing a very different kind of speech, to deliver at the ALP National Conference in 6 weeks’ time, one that ended with a much stronger invocation of Gough’s message of hope: It’s Time. It’s Time to Bind.]

Opposition Leader Bill Shorten, who personally supports marriage equality, but opposes making that position binding on his Labor Party colleagues.

Opposition Leader Bill Shorten, who personally supports marriage equality, but opposes making that position binding on his Labor Party colleagues, unlike nearly every other public policy issue on which the ALP does adopt a binding vote.

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