It’s five o’clock in the morning. I’m sitting on a bus leaving Sydney, and I finally have some time to process the extraordinary events of the past few days.
It really is hard to put into words just how devastating, heart-breaking and frankly appalling the actions of the Liberal Party room on Monday evening, and Turnbull Coalition Government yesterday, have been.
First, was the devastating decision not to adopt a conscience vote on marriage equality, but to instead push once more for a ‘traditional’ plebiscite.
That’s the same unnecessary and wasteful non-binding opinion poll that was rejected by the Senate in November 2016, at the request of LGBTI Australians, because of the harm it will inevitably cause young and vulnerable members of our community.
It is no exaggeration to say that lives could be lost as a direct result of the extreme, hateful, hurtful bigotry that would accompany any such vote.
Second, was the heart-breaking decision that, even if the Senate once again rejects the legislation for a ‘traditional’ plebiscite (as it appears highly likely to do), the Government will attempt to hold a ‘postal’ plebiscite on the issue.
A ‘postal’ plebiscite has all of the disadvantages of a ‘traditional’ plebiscite, plus a few more of its own, including that it will be voluntary rather than compulsory to participate, it will disenfranchise large sections of the community, including young Australians (as even Malcolm Turnbull conceded, about the last one held twenty years ago) and, without legislation to give it effect, is constitutionally doubtful.
Which brings me to the third, and perhaps worst, decision of all – that they now intend to hold it as a ‘statistical survey’ conducted by the Australian Bureau of Statistics, rather than an actual vote overseen by the Australian Electoral Commission.
This ‘pseudo postal plebiscite’ is nothing more than a naked attempt to circumvent not just the will of the Parliament, but also the legitimate limitations of the Constitution.
Thankfully, multiple groups campaigning for marriage equality have already indicated they are seeking legal advice before potentially challenging this postal plebiscite-in-all-but-name in the High Court. Here’s hoping they are successful, and that this bad joke of a policy is stopped before it starts to wreak its damage.
These three decisions, taken together, reveal the absolute contempt that some members of the Liberal and National Parties have for lesbian, gay, bisexual, transgender and intersex Australians.
No other group has ever been subjected to this kind of process merely for the chance of being treated equally under secular law. No other group has ever been expected to jump through these ridiculous hoops just to have their human rights recognised.
Of course, in a debate that is about symbolism as much as it is about substance, it isn’t just the process they have chosen to adopt that is offensive – it is the way in which they have carried on the debate, a depressing mixture of denial, inconvenience and frustration.
Denial that marriage equality is an issue that is important to everyday Australians (it is). Denial that LGBTI couples, our families and friends exist in every electorate across the country (we do).
And denial that access to marriage rites is a fundamental right (it is – and if it wasn’t, there wouldn’t be so many Coalition MPs and Senators who have chosen to exercise that rite, and right, themselves).
It seems like many in the Liberal and National Parties find the entire marriage equality debate, and the ongoing demands of LGBTI Australians for equality under the law, to be terribly inconvenient (I’m sure there are some who probably find the mere existence of LGBTI people to be inconvenient too, but that is a topic for another time).
It is as if they are somehow ‘hard done by’ just by being forced to consider this issue, and wish it would all go away (here’s a newsflash for those MPs and Senators who mustn’t have been paying attention until now – we will not go away until we are truly equal, and we will keep on making ourselves as ‘inconvenient’ as possible in the meantime).
Then there are those, like Deputy Prime Minister Barnaby Joyce, who have actually said, out loud, that they are ‘frustrated’ by this issue, and frustrated by the fact they cannot spend their time talking about ‘more important issues’.
Frustrated? Are you f#$%ing serious?
With all due respect, they have absolutely no idea what frustration about this subject feels like.
Frustration is being a member of the LGBTI community, and having your human rights, your dignity and your worth as a person publicly debated, year after year, with no apparent resolution in sight.
Frustration is being the family member or friend of LGBTI couples, wanting nothing more than to celebrate the wedding of your loved ones, but being denied that ability because of the ongoing, unjustifiable and inexcusable inaction of Commonwealth Parliamentarians.
Frustration is me typing this, on day two thousand, seven hundred and fifty-six of my engagement to my fiancé Steve, and still having no idea when we will finally be able to ‘tie the knot’.
We have been engaged now for more than seven and a half years (it bears repeating, for the benefit of those MPs and Senators who think that marriage equality is a hypothetical issue, one that doesn’t affect the lives of real people).
In that time, we have been involved in campaigns to change the ALP platform to support marriage equality (which was won almost six years ago), and to adopt a binding vote (partially won, coming into effect at the next federal election).
We spent the better part of twelve months fighting against ‘Plebiscite 1.0’, even though it could have meant us marrying sooner, because the recognition of our relationship as adults was not worth the harm it threatened to LGBTI young people, and the children of rainbow families.
We could not stomach the thought of saying ‘I do’, while knowing the pain that would have been inflicted on 15-year olds around the country, just like 15-year old Steve and Alastair had once been, in order to for us to walk down the aisle.
And, just when we thought the marriage equality debate in this country couldn’t go any lower, it reaches a new nadir, with ‘Plebiscite 2.0’ (or a postal plebiscite, or a ‘pseudo postal plebiscite’ dressed up as a supposed statistical survey).
Whatever it is called, we’ll fight it too – to stop it from happening, and if it does proceed, to win it. Because, no matter how tired we are, we must.
The worst part of all of this is that it is a completely unnecessary battle, imposed upon us by a Government that refuses to do its job – by voting on legislation, in Parliament – but instead shirks, and outsources, its basic responsibilities.
Indeed, today could have been the day that a Bill to introduce marriage equality, one that stood a decent chance of success, was finally introduced into the House of Representatives.
That would have been a lovely way for Steve and I to celebrate nine years of being together (did I forget to mention that we first met on this day way back in 2008?)
Instead, we’ll remember our anniversary as the day the Turnbull Government reintroduced the Plebiscite (Same-Sex Marriage) Bill in the Senate, its latest attempt to delay, and if possible derail, the equal treatment of our love.
Of course, despite that personal indignity, there is another date, and another anniversary, this week that is far, far more depressing.
This coming Sunday it will be 13 years since the Senate approved the Howard Government’s original ban on marriage equality, on August 13 2004.
The passing of a law the sole aim of which was to treat LGBTI people and our relationships as lesser than other Australians was unconscionable.
The fact that, today, the Marriage Act 1961 continues to discriminate on the basis of sexual orientation, gender identity and sex characteristics is unconscionable.
That MPs and Senators in successive Parliaments have failed to take action to remove this stain from our statute books, meaning that many, many couples have died while waiting for the ability to wed, is unconscionable – and unforgivable.
And the fact that, through its actions, the Turnbull Government apparently wants nothing more than to unnecessarily prolong the engagements of couples of Steve and me, and to ensure all LGBTI Australians endure as much vitriol as possible in the meantime, is completely unconscionable too.
It is now almost 8am and the bus will soon be pulling into Canberra, where I will be spending the next three days at a conference just across the lake from our institutions of Government.
From a Parliament, and Senate, that I hope will reject the reintroduced legislation to hold a traditional plebiscite.
From an Executive that will respond by pushing ahead with a ‘pseudo postal plebiscite’, a mean and tricky proposal that will cause serious and sustained injury to young and vulnerable members of the LGBTI community, and waste $122 million in the process.
And from a Judiciary who I hope will find this entire farce to be unconstitutional.
Like many in the LGBTI community, I know I am going to find today to be incredibly challenging, just like yesterday was and the day before – and probably tomorrow, and the weeks and months ahead too.
But I am going to try my best to spend the rest of today thinking about Steve, and our relationship, and not the parliamentarians who wish to do us harm.
Because I love him with all my heart. Because the last nine years have undeniably been the best years of my life.
And because one day I will marry him. It won’t be on day 2,756 of our engagement. It probably won’t be on day 3,000 either. But it will happen, and there is nothing, and nobody, who I will let stand in our way.