While I am a member of the Labor Party (and have been for more than 13 years), I have not been elected as a delegate to this year’s ALP National Conference, which will be held in Melbourne next weekend (Friday 24 to Sunday 26 July).
If I had been, and if I had the privilege of speaking during the Rules debate scheduled for Sunday afternoon, this is the speech I would like to give:
It’s time for the Australian Labor Party to fully support the equal rights of lesbian, gay, bisexual, transgender and intersex Australians.
It’s time to say – without equivocation or qualification – that the relationships of LGBTI people must be treated in exactly the same way under secular law as their cisgender heterosexual counterparts.
It’s time to take the Platform position, which already supports marriage equality in principle, and make it binding on the members of the Federal Parliamentary Labor Party.
The Labor Party can bind on marriage equality.
In fact, for more than two thirds of the time marriage equality has been debated in our Parliament, the ALP has bound its MPs and Senators on this issue – from Howard’s homophobic ban in August 2004, which we shamefully supported, until the last National Conference in December 2011, Labor MPs and Senators were bound to vote against it.
With a large majority of Party members, of Labor MPs and Senators – and, above all, of the Australian community – supporting amendments to the Marriage Act to ensure it does not discriminate on the basis of sexual orientation, gender identity and intersex status, there is absolutely no reason why we should not bind in support in 2015.
There is nothing so unusual or exceptional about marriage equality that dictates that normal Party processes, based on the principles of solidarity and collective action, and which ordinarily demand a bound vote, should not apply to this issue.
Despite what some delegates might try to argue, religious freedom is not a legitimate argument to reject a binding vote.
The introduction of marriage equality will not have an adverse impact on religious freedom. Under every Bill proposed to date, ministers of religion will be free to decline to officiate LGBTI weddings.
In fact, the introduction of marriage equality will enhance religious freedom because it will allow those organisations and faiths that want to marry LGBTI couples to do so.
As Tony Burke notes: “Those who want to marry will be able to do so. Those who do not want the change will be unaffected by it.”
That includes individual parliamentarians who want to oppose marriage equality simply because it does not accord with their personal faith.
If legislation sought to impose marriage equality within religion, to change the official teachings of their faith, they might have an argument.
But it does not. Again, as Tony Burke observes: “The various religious faiths will continue to have their own views and rules around marriage. The law of Australia needs to respect the freedom of people to practice their faith and it will.”
Viewed in this way, it is clear that MPs and Senators demanding a conscience vote in order to oppose equality in secular law are not seeking to exercise their ‘religious freedom’ – they are seeking to impose their personal religious views onto others.
And, as a secular political party, we should vigorously resist their attempts.
The Labor Party should bind on marriage equality.
It should bind because introducing this reform would address one of the major outstanding forms of discrimination against LGBTI Australians – and the ALP should always stand united in addressing discrimination against the marginalised.
In the words of Deputy Leader Tanya Plibersek, the question is simple: “Do we support legal discrimination against one group in this country? Or do we not?”
It should bind because the ability to found a family, and to have one’s relationships recognised under secular law, is more than just a natural desire, it is a fundamental human right.
Human rights should not be ‘optional’, and their recognition should not be left up to the whim of individual Labor Party MPs and Senators, as it is under a conscience vote.
As my old boss, Senator John Faulkner, told the 2011 National Conference when this same question was being debated: “A conscience vote on human rights is unconscionable.”
It should bind because the current Party Rule – which says “Conference resolves that the matter of same-sex marriage can be freely debated at any state or federal forum of the Australian Labor Party, but any decision reached is not binding on any member of the Party” – is not only wrong, it is offensive.
Commitments to achieve human rights should not come with an asterisk.
‘Terms and conditions’ should not apply when what is at stake is the equality of people on the basis of their sexual orientation, gender identity and intersex status.
It is offensive that special Party Rules continue to allow individual Labor MPs and Senators to vote against those rights, that equality. These provisions should be permanently removed from our governing document.
It should bind because it is unjust to impose solidarity on lesbian, gay, bisexual, transgender and intersex members of the Party, and to not offer it in return.
It is unjust to demand loyalty, to make Senator Penny Wong vote against her own community’s rights for seven and a half years, and Senator Louise Pratt for three and a half – and then deny that same loyalty when the Platform position changes to one of support for equality.
Solidarity, and loyalty, cannot be continually demanded of us but not reciprocated.
Finally, it should bind because lesbian, gay, bisexual, transgender and intersex Labor members are sick and tired of having our rights being sacrificed as the price of ‘Party unity’.
Granting a conscience vote on marriage equality should not be a ransom that is paid to parliamentarians who threaten to quit the Party rather than be compelled to vote to recognise the love of LGBTI couples.
If denying the legal equality of others is more important to them than adhering to Party solidarity – something they expect of others, but are unwilling to offer themselves – then they should leave. The rest of us should no longer give in to their blackmail.
The Labor Party must bind on marriage equality.
It must bind to finish the job that was left half-done by our predecessors in 2011, who voted to change the Platform, but narrowly failed to make that position binding.
That failure has had real adverse consequences – a bound vote in September 2012 could have seen marriage equality passed last term, putting an end to the painfully long wait of LGBTI couples simply to enjoy the same legal rights that are taken for granted by others.
Had the last National Conference decidedly differently, some Australians need not have died waiting for their relationships to be recognised by their own country – as some inevitably, and tragically, have done.
Adopting a binding vote now would demonstrate that we acknowledge we got it wrong in December 2011, and, in doing so, we apologise.
But this is about more than making up for past mistakes – it is about the present, too.
We must bind to ensure the Australian Labor Party does everything within its own power to support marriage equality in 2015.
We cannot control what Tony Abbott, and Warren Truss, and their respective Parties do on this issue – if we could, they would have adopted a conscience vote during the three and a half years in which we have already had one.
What we can control is our own Party and its Rules. What we can control, by adopting a binding vote, is ensuring as many ALP MPs and Senators as possible vote in favour of marriage equality the next time it comes before the Parliament.
That is what we are accountable for, and should be judged on accordingly.
And we must bind for the future. If marriage equality is rejected this term – and that remains a genuine possibility – the Australian Labor Party must be able to go to the next election telling the people that, if elected, it will pass marriage equality as quickly as possible.
The only way that it will be able to make that commitment is by adopting a binding vote at this Conference.
Lesbian, gay, bisexual, transgender and intersex Australians have waited long enough already – too long, actually – and, if legislation is unsuccessful this year, and we win in 2016, they will be looking to us to finally pass this reform.
If, as a newly-elected Government, we are unable to do so because too many Labor MPs and Senators exercise a conscience vote against the rights of their fellow citizens, we will left looking completely ineffectual – and, much more significantly, LGBTI Australians will be let down yet again.
Labor must be able to promise to introduce marriage equality next term – and, just as importantly, it must be able to deliver it.
Because only in that way can the Labor Party truly claim that it will represent, and govern for, all Australians.
Only by adopting a binding vote can we say that the famous ‘Light on the Hill’ shines for everyone – and that we will use its light to overcome the darkness that is homophobia, biphobia, transphobia and intersexphobia, both in the law and in society.
Only by adopting a binding vote can the Australian Labor Party say that it is whole-heartedly committed to creating a country that is free from discrimination on the basis of sexual orientation, gender identity and intersex status.
It’s time to make that commitment, here at this Conference, and then again later this year on the floor of Parliament.
Delegates, it’s time to bind in support of marriage equality.