What does Malcolm Turnbull want his legacy to be?

It’s time for Malcolm Turnbull to seriously consider what he wants his legacy to be.

 

That might sound premature to some, especially given that tomorrow (Monday 14 March 2016) it will be only six months since he replaced Tony Abbott as Leader of the Liberal Party. Tuesday, the clichéd ‘Ides of March’, is the six-month anniversary of his official swearing in.

 

However, in the life of an Australian Prime Minister, six months is not an insignificant period of time. Indeed, for many, six months is a considerable slice of their term.

 

In the just over 70 years since World War II, Malcolm Turnbull is the 15th person to ascend to our top job. The average term in office – even including the 16-year rule of Robert Menzies[i] – is less than five years. In fact, only four Prime Ministers[ii] in those seven decades have even made it to the five-year mark, while six ended up serving less than three years.

 

The pace of turnover of Prime Ministers also appears to be accelerating – in the 11 years since Turnbull entered Parliament, he is now the fifth Prime Minister (with one of those, Kevin Rudd, even having two non-consecutive turns).

 

Based on the above, six months is likely to represent at least 10% of Turnbull’s entire term in office, and probably more.

 

In fact, there are reasons to believe Turnbull’s stay in the Lodge might be shorter than the average. For example, he is third oldest person to ever be first sworn in as Prime Minister (and the two who were older[iii] served for a combined period of less than two years).

 

It is also reasonable to describe Turnbull’s support inside the Parliamentary Liberal Party as somewhat tenuous. His first stint as Leader, while in Opposition, lasted less than 15 months. And, even after two years of the worst Prime Minister in living memory, he only defeated Tony Abbott by 54 votes to 44 last September (and which was only moderately better than the 39 votes cast for an ‘empty chair’[iv] in the February 2015 spill motion against Abbott).

 

With a switch of just six votes needed to reverse that result (whether to Abbott, who clearly remains interested in returning, or another candidate from the conservative wing of the Liberals) it should be noted that a sizeable majority of Liberal MPs in marginal seats voted for Turnbull[v], meaning that any loss of seats at the upcoming 2016 election would leave him more vulnerable to a challenge from inside the Government.

 

Of course, if the current level of in-fighting and disorganisation within the Coalition continues, there is also the small but real chance of the Government being voted out, cutting Turnbull’s term short at 12 months or less.

 

This thought – that, after just six months, it is time to start seriously considering his legacy – might be confronting for Turnbull, but he should console himself with the knowledge that, for most of his contemporaries, substantial elements of their legacies were built during their first year in office.

 

Kevin Rudd gave the apology to the Stolen Generations after less than three months in the role. He is also most commonly remembered for his response to the Global Financial Crisis, which reached its peak in September and October 2008 – again, less than 12 months from his election win on November 24 2007.

 

In Julia Gillard’s case, the announcement of the ‘carbon pricing mechanism’ (forever dubbed the carbon tax) was made on February 24 2011, exactly eight months after she ousted Kevin Rudd as Prime Minister.

 

The National Disability Insurance Scheme is also seen as a key part of her legacy – and, while the legislation that gave it effect was not introduced until late 2012, the Productivity Commission report which preceded it was already two months into its work before Gillard even became PM[vi].

 

Tony Abbott continues to assert that his first Budget – the ‘horror’ 2014-15 Budget, more widely known for its unfairness– is a key part of his legacy[vii], and that was handed down just eight months into his term. His more trivial – but just as infamous – ‘captain’s call’ to reintroduce knights and dames happened two months earlier.

 

Even in the case of John Howard, who, given he served as Prime Minister for more than 11 years and therefore has a long and highly-contested ‘legacy’, there is probably only one key positive achievement about which almost all parts of the political spectrum agree[viii] – his gun law reforms following the Port Arthur Massacre[ix], which itself occurred less than two months after he swept to power.

 

Six months into his own term as Prime Minister, it is hard to pin down exactly what Malcolm Turnbull’s key achievement or achievements have been (other than the initial, widespread feeling of ‘relief’ which many Australians experienced after he deposed Abbott). Different language has been used, including much talk of ‘agility’ and ‘innovation’ and ‘excitement’, but new ideas or policies? Not so much.

 

That situation will change, to some extent, over the coming months, as Turnbull and Treasurer Scott Morrison put together their first Budget – to be delivered in early May (either May 10th, or 3rd if, as is now widely expected, they head to a double dissolution poll on July 2). There is obviously intense pressure on them both to set out their platform for the campaign ahead in that document.

 

But there is an even earlier opportunity for Malcolm Turnbull to establish his legacy as Prime Minister. Two closely-linked opportunities, in fact: the decision on what to do with the Safe Schools program, and the choice whether or not to proceed with a plebiscite on marriage equality.

 

Both of these issues will come to a head in the coming week. The independent review of the Safe Schools program, instigated following the internal revolt by the likes of Cory Bernardi in the Coalition Party room meeting on 23 February, was expected to be handed to the Commonwealth Department of Education on Friday 11 March[x].

 

While it may be another week or two before the Government announces its response to that review, you can guarantee they will be discussing it internally during the week ahead (it’s also highly likely to be debated again in the Coalition Party room meeting on Tuesday, the second-last such meeting before a potential ‘double D’-election).

 

Lenore Taylor has also reported that the proposal for a plebiscite on marriage equality will be considered in detail by the Turnbull Cabinet this week[xi].

 

While the plebiscite was first adopted as Coalition policy under then Prime Minister Abbott on 11 August last year, this will be the main, Cabinet-level discussion of the process required to hold one – the question to be asked, expected timing (which, depending on who you listen to, may or may not be before the end of 2016), the estimated cost (likely upwards of $160 million[xii]), public funding of the yes and no cases, compulsory or voluntary voting and the supporting legislation.

 

Again, it is possible that the marriage equality plebiscite proposal will also be discussed at the Coalition Party room meeting on Tuesday morning (it will be interesting to see whether this one also takes six hours, especially given how much Liberal and National Party MPs appear to enjoy discussing LGBTI issues).

 

Obviously, the approaches that Turnbull, and his Liberal-National Government, adopts on these two issues this week will be a key part of his personal legacy for LGBTI Australians. Both decisions will have direct, and long-lasting, impacts on literally hundreds of thousands of lesbian, gay, bisexual, transgender and intersex people, their children, and their families and friends.

 

On Safe Schools, Turnbull will choose between defending a program developed to combat homophobic, biphobic, transphobic and intersexphobic bullying of LGBTI students, thereby reducing the all-too-frequent tragedy of LGBTI youth suicide – or giving in to bullies, like the Australian Christian Lobby, and The Australian newspaper, who it seems would much prefer enforced silence about LGBTI issues in the classroom, and the schoolyard, to the detriment of children with diverse sexual orientations, gender identities or intersex characteristics.

 

The consequences of this choice – whether a school is genuinely inclusive, or a vacuum allowing intolerance and discrimination to fester – can and will have lifelong impacts on the students who receive, or miss out on, programs like Safe Schools as a result.

 

On marriage equality, too, the impacts of Turnbull’s imminent decision will be profoundly felt, not only by LGBTI Australians, but also by the children of rainbow families.

 

As has been made clear by Australian Marriage Equality[xiii], if Malcolm Turnbull implemented the policy position that he held before becoming Prime Minister – of supporting a ‘free’ or conscience vote – then we could have marriage equality legislation passed by the end of this week.

 

But, if he persists with what was originally Tony Abbott’s plebiscite – but which is now most definitely his – not only will he be wasting at least $160 million on something which is completely unnecessary and inappropriate, he will also be causing real harm to LGBTI Australians, and our kids, by ensuring that there will be a protracted, bitter, and downright nasty campaign leading up to the vote.

 

The Australian Christian Lobby, both with its past actions (including repeated suggestions that gay and lesbian parenting creates another Stolen Generation[xiv]), and its recent call for state and territory anti-discrimination laws to be suspended for the duration of the campaign[xv], have effectively guaranteed it.

 

And, even if the marriage equality plebiscite is successful, it will still be at least another 12 – and possibly up to 18 or even 24 – months before Australian couples will finally be able to wed in their own country, with some elderly couples sadly, but inevitably, passing away before they can tie the knot.

 

However, while the impact of these decisions will be most keenly felt by LGBTI people, young and old, and their children, I would argue they will define Malcolm Turnbull’s legacy much more broadly. This is because his approach to Safe Schools, and the plebiscite, will tell us a lot about who he is as a Prime Minister, what type of Government he leads, and ultimately about his vision for Australia.

 

In terms of who Malcolm Turnbull is as Prime Minister, he would like most people, and especially the ‘persuadables’ in the electorate, to believe he is still the leather jacket-clad QandA panellist, with views that are more moderate than most of the members of his party – believing in climate change, supporting a republic, and wanting to be the leader who finally introduces marriage equality.

 

Deep down, I’m sure Turnbull would love to be the ‘cool’ Prime Minister who attends the 2017 Sydney Gay & Lesbian Mardi Gras parade, claiming credit for removing discrimination from the Marriage Act 1961, receiving the passionate support, even adulation, from sections of the crowd in return.

 

But, if he caves in to the deeply homophobic and transphobic campaign against Safe Schools, led by the vitriolic and hateful scare-mongering of the Australian Christian Lobby and others, and if he continues to support an unnecessary, inappropriate, wasteful and divisive marriage equality plebiscite, then not only will Malcolm Turnbull fail to be the Leader that he thinks he is (or at least wants to be) – he will become exactly the same type of Leader as the one he replaced.

 

By endorsing the attack on Safe Schools, and persisting with the plebiscite, Turnbull would show that there is no core belief that he will not jettison, no principle he is not prepared to compromise, in his quest to remain Prime Minister of Australia for as long as possible. The Opposition critique of him – that he is just Tony Abbott in a more expensive suit – will be more than justified.

 

And, by ensuring that it will be the public’s vote that finally achieves equality in relationship recognition in Commonwealth law, and not his own vote in Parliament, he will simply become another politician whom we had to win marriage equality in spite of, and not because of[xvi].

 

How Turnbull handles the decisions on Safe Schools, and the plebiscite, will also reveal a great deal about the type of Government he leads.

 

Is it a Government that represents, and serves the interests of, all Australians? Does it believe that the real and urgent needs of young lesbian, gay, bisexual, transgender and intersex people are worthy of attention, and above all action? Does it think that people should not be legally discriminated against on the basis of their sexual orientation, gender identity of intersex status?

 

Or is it a Government that represents, and serves the interests of, cisgender heterosexual Australians only? Does it believe that the pressing needs of young LGBTI people can simply be ignored? Does it think that the relationships of LGBTI Australians are genuinely lesser than those of other people, and therefore should be treated as such?

 

Turnbull has so far studiously avoided having to address this deep divide inside the Liberal-National Coalition. On Safe Schools, rather than reject the campaign against the program outright, he simply passed the buck to an independent review – thereby encouraging the attack to continue.

 

And, instead of directly reprimanding MPs like George Christensen and Andrew Hastie, who have compared Safe Schools to ‘grooming’[xvii] and George Orwell’s Big Brother[xviii] respectively, Turnbull offered a meek, generic statement saying “I encourage everybody who is discussing these issues to do so in very measured language… and to consider very carefully the impact of the words they use on young people and on their families.”[xix]

 

On marriage equality, he has again chosen not to upset the applecart, instead leaving in place Tony Abbott’s preferred option – a plebiscite – despite the insistence of multiple members of his own Government that they will not be bound by any ‘yes’ vote[xx], thus rendering the entire exercise pointless.

 

Well, on both of these issues, he can no longer kick those proverbial cans any further down the road. This week, in Cabinet and most likely in the Party room too, Malcolm Turnbull will need to decide what type of Government he wants to lead – and then he will need to argue for it, in the face of likely fierce criticism from Liberal and National MPs who do not now, and likely will not ever, support LGBTI equality, possibly at the cost of their ongoing support for his leadership.

 

Ultimately, how Malcolm Turnbull approaches the Safe Schools debate, and the marriage equality plebiscite, in the next few weeks will tell us whether he has what Keating would describe as ‘the vision thing’.

 

Does Malcolm Turnbull have a vision of a better Australia, where young lesbian, gay, bisexual, transgender and intersex people can grow up happy and healthy, attending schools where they are free to be who they are, respected and accepted?

 

Does he see a future where all relationships are treated equally irrespective of the sexual orientations, gender identities or intersex statuses of the people involved, and is he prepared to actually do something to make that future a reality?

 

Does Malcolm Turnbull show, in who he is and how he governs, that he has the interests of all of us, including LGBTI Australians, at heart?

 

Or does his vision only extend as far as what is required to keep him in the Prime Ministership, the role that he has clearly coveted for so long?

 

That might sound harsh, and to some even potentially unfair, but that is what I believe is at stake in the next few weeks as Turnbull decides what to do on the Safe Schools program, and on the marriage equality plebiscite.

 

One final comment – some might argue that, given it is not Malcolm Turnbull who is leading the attacks on Safe Schools, and it was not his proposal to hold a plebiscite on marriage equality, assessing his ‘legacy’ on how he approaches these issues is unjustified.

 

To which I would respond with two observations. First, he is the Prime Minister, and the campaign against Safe Schools is happening on his watch, including by members of his own Government, which makes his response to this issue extremely relevant to how we assess his performance.

 

And, while the marriage equality plebiscite might not have originally been his idea, if he chooses to proceed with it, at enormous cost, both financially, and psychologically in the harm it will cause to LGBTI Australians and their children, it will very much be his responsibility.

 

Second, John Howard did not ‘choose’ gun control to be his legacy, nor did Kevin Rudd ‘choose’ for the GFC to dominate his first term agenda, and Julia Gillard certainly did not ‘choose’ for her stint as Prime Minister to include such a large focus on climate change.

 

They were responding to events that were not of their own making – Port Arthur, global markets, and even the hung parliament. But how they responded to these things is what made them Leaders – and that is why we remember these achievements as part of their legacies.

 

Malcolm Turnbull did not choose for the attack on Safe Schools, nor did he choose Tony Abbott’s plebiscite. But, how the Government approaches these issues is now within his control as Prime Minister – and it is up to him how he chooses to exercise that power.

 

Does Malcolm Turnbull choose to support Safe Schools or does he side with those who have campaigned against it? Does he proceed with a plebiscite on marriage equality, even when he knows it is unnecessary, inappropriate, wasteful and divisive? In short, what does Malcolm Turnbull want his legacy to be?

 

151222 Turnbull

For Prime Minister Malcolm Turnbull, it’s time to turn his mind to how he will want to be remembered.

 

[i] Although this also includes the three-week term of John McEwen.

[ii] Robert Menzies, Malcolm Fraser, Bob Hawke and John Howard.

[iii] John McEwen and William McMahon.

[iv] The Australian, Last Post, February 10 2015.

[v] The New Daily, “Why Turnbull could win the election – and still lose”, March 8 2016.

[vi] The Productivity Commission started its work in April 2010, and released the Disability Care & Support Final Report in August 2011.

[vii] The Australian, “Tony Abbott: My legacy the key to victory at next election”, September 26, 2015. Quote from Mr Abbott: “You can always dispute the marketing… but the 2014 Budget was a very serious structural attempt to tackle our long-term spending problems.”

[viii] Outside of ‘gun nuts’, and the accidental Liberal Democrat Senator, David Leyonhjelm.

[ix] Howard’s gun law reforms, and gun ‘buyback’, even has international admirers, as demonstrated by the 2013 segment by John Oliver on the Daily Show with Jon Stewart (as reported here: Sydney Morning Herald, “US Show Uses Howard to Embarrass Gun Lobby”, April 22, 2013).

[x] Gay News Network, “Government Comment on Safe Schools Report Not Expected for 1-2 Weeks”, 11 March 2016.

[xi] Guardian Australia, “Coalition to finalise marriage equality plebiscite details as July election looms”, March 8 2016.

[xii] See “7 Better Ways to Spend $158.4 million”.

[xiii] Sydney Morning Herald, “Majority of MPs would back marriage equality”, January 30, 2016.

[xiv] Guardian Australia, “Q&A Recap: Lyle Shelton locks horns with panel on marriage equality”, 1 March 2016.

[xv] ABC News, “Same-sex marriage plebiscite: Christian lobby group wants ‘override’ of anti-discrimination laws during campaign”, 16 February 2016.

[xvi] For more, see: “Letter to Malcolm Turnbull about the Marriage Equality Plebiscite”.

[xvii] Buzzfeed Australia, This MP Just Compared the Safe Schools Coalition to ‘Grooming’”, 25 February 2016.

[xviii] From Mr Hastie, the Member for Canning’s, Facebook page: “George Orwell foresaw where the abandonment of reason can lead society: to a world devoid of compassion and empathy for those who disagree with us. All that is left is raw power. As Orwell wrote, without reason and charity in our public debate there will be nothing left but “the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face – forever.”

[xix] ABC News, “Safe schools: Turnbull warns MPs over language used in debate”, February 26 2016.

[xx] Guardian Australia, “Eric Abetz: Coalition MPs will not be bound by plebiscite on marriage equality”, January 27 2016.

2016-17 Pre-Budget Submission: Save $158.4 million – Scrap the Marriage Equality Plebiscite

 

The Commonwealth Government has called for submissions[i] to assist it in developing the 2016-17 Budget, which, barring an early election, is due to be handed down on Tuesday 10 May.

This process is another opportunity to highlight to Prime Minister Malcolm Turnbull, Treasurer Scott Morrison and the Liberal-National Government generally just how ridiculous it is that they are proposing to waste (at least) $158.4 million on something that can be passed by the Parliament, in the usual way, for no cost.

Submissions are due by Friday 5 February 2016, with full details here. This is my submission:

 

Budget Policy Division

Department of the Treasury

Langton Crescent

PARKES ACT 2600

prebudgetsubs@treasury.gov.au

 

Tuesday 2 February 2016

 

To whom it may concern

2016-17 Pre-Budget Submission

Thank you for the opportunity to make a submission regarding what I believe should be the priorities for the 2016-17 Budget.

In this short submission I would like to focus on just one issue that, as well as being the right policy approach, would also have significant Budget benefits, and that is to call on the Turnbull Government to scrap the proposed marriage equality plebiscite.

There are a variety of policy justifications for not proceeding with a plebiscite on this issue, including that holding a public vote is unnecessary because the High Court has already found that Commonwealth Parliament has the constitutional power to pass marriage equality, and that subjecting the human rights of a minority group to such a process is inappropriate.

I, and many other members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, also have serious concerns that the campaign leading up to a marriage equality plebiscite will be divisive, and expose LGBTI Australians, and the children of LGBTI families, to increased levels of homophobia, biphobia, transphobia and intersexphobia.

However, there are also strong budgetary reasons why the marriage equality plebiscite should not go ahead.

The Australian Electoral Commission has estimated that the cost of holding a stand-alone plebiscite on marriage equality would be at least $158.4 million.[ii]

Such a significant expenditure of public monies must be considered wasteful when the alternative approach – to pass (or at least to hold a free vote on) marriage equality legislation in Parliament – does not carry any additional cost.

Holding a marriage equality plebiscite could even be considered duplication, given, in the event of a ‘yes’ vote, a Bill introducing marriage equality would still need to be passed.

The two media releases, issued by the Assistant Minister to the Treasurer, the Hon Alex Hawke MP, calling for Pre-Budget Submissions, both reiterated the “Government’s commitment to restrain expenditure responsibly”.[iii]

It is difficult to think of a more perfect way to ‘restrain expenditure responsibly’ than by avoiding spending $158.4 million on something which is entirely unnecessary in the first place.

Of course, scrapping the marriage equality plebiscite also fits in with the Government’s broader fiscal policy, as outlined in the Mid-year Economic and Fiscal Outlook (MYEFO), including the “Government’s commitment to returning the budget to a sustainable position and reducing debt over the medium term”[iv].

With an underlying cash deficit estimated at $33.7 billion (or 2% of GDP) in 2016-17 (when such a plebiscite may be held), and net debt now expected to peak at 18.5% of GDP in 2017-18, it is undeniably profligate to spend an extra $158.4 million on a public vote the outcome of which is not even binding on Government MPs. This money would instead be much better used to lower the cash deficit and therefore reduce net Government debt.

Other Budget Rules, contained in the MYEFO, are also relevant to the consideration of whether to allocate money in the 2016-17 Budget to holding a plebiscite on marriage equality.

For example, I note that the MYEFO states: “This strategy sets out that:

  • new spending measures will be more than offset by reductions in spending elsewhere within the budget.”[v]

Given the monies required to hold a marriage equality plebiscite have not been allocated in the Budget to date[vi], that means it would need to be included in the 2016-17 Budget as a ‘new spending measure’ and, according to the Government’s own rules, there must be at least an equivalent amount of reductions in spending elsewhere.

It seems absurd to me that the Government would need to cut $158.4 million in spending on justice, or health, or education, or any number of other areas, simply to hold a plebiscite on something that could be resolved by the Parliament in the ordinary course of business for no extra cost.

If the Government does decide to continue down this path, and makes such cuts in order to fund a marriage equality plebiscite, then in the interests of transparency I urge it to include the details of these cuts in the Budget, linking them to this ‘new spending measure’, thereby allowing Australians to make up their own minds whether these actions meet the stated ‘commitment to restrain expenditure responsibly’.

Of course, if the Government is interested in spending a similar amount of money on issues that affect lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians, then I would suggest a variety of different ways in which it could do so that would bring much greater benefit, including:

  • Removing out-of-pocket medical costs for transgender people
  • Ending involuntary surgical procedures on and sterilisation of intersex children
  • Increasing refugee places for LGBTI people fleeing persecution in Syria, Iraq and other countries
  • Funding campaigns aimed at addressing homophobia, biphobia, transphobia and intersexphobia across society and
  • Expanding the ‘safe schools’ program to cover every school in the country.

Even if the Turnbull Government is not interested in funding these programs, it would nevertheless be preferable to use this $158.4 million to reduce overall Government deficit and debt, rather than to waste it on holding an unnecessary, inappropriate and divisive public vote.

Scrapping the marriage equality plebiscite, and holding a parliamentary vote instead, might be the easiest Budget saving any Government could ever hope to make.

Thank you for taking this submission into consideration.

 

Sincerely

Alastair Lawrie

 

160202 Scott Morrison

Treasurer Scott Morrison, tasked with ‘restrain[ing] expenditure responsibly’. Scrapping the marriage equality plebiscite would be a good place to start.

[i] Media Release “2016-17 Pre-Budget Submissions” 18 December 2015 and Media Release “Deadline for Lodging 2016-17 Pre-Budget Submissions”.

[ii] As quoted on page 22 of the Senate Committee Report: Matter of a popular vote, in the form of a plebiscite or referendum, on the matter of marriage in Australia, 15 September 2015.

[iii] See links to media releases above.

[iv] Mid-Year Economic and Fiscal Outlook 2015-16 Part 3: Fiscal Strategy and Outlook.

[v] Ibid.

[vi] “Labor sees a plebiscite-sized hole in the Budget”, Huffington Post, 18 December 2015.

Response to Letter to Malcolm Turnbull About the Marriage Equality Plebiscite

A lot has happened in the 10 days since I first posted my letter to Malcolm Turnbull about the marriage equality plebiscite.

To begin with, a number of Coalition MPs have publicly revealed that, irrespective of the outcome of any plebiscite, they will continue to vote against the equal recognition of LGBTI relationships.

This conservative crusade was led by Senator Eric Abetz who told The Guardian that:

“everyone knows my view is very strongly that a marriage between a man and a woman is the foundational institution for socialising the next generation. And every member of parliament will make up his or her mind after the plebiscite is held. People will take into account the views of the electorate, the views of the nation and their own personal views… There will be people in the parliament who could not support the outcome of a plebiscite whichever way it went.”

His view – that if the voters of Australia supported marriage equality at a plebiscite they could essentially ‘get stuffed’ – was soon supported by both fellow Liberal Senator Cory Bernardi, who told Sky News that “[a] plebiscite is a glorified opinion poll, and no government should be bound by that” and Nationals Senator Bridget McKenzie, the latter so committed to opposing LGBTI equality she is willing to deny legal rights to her own brother.

Then, former Prime Minister Tony Abbott (who similarly thinks his own relationship more worthy of recognition that that of his sibling) jetted off to address an audience of homophobes in the US, telling them that:

“[w]e shouldn’t try to change something without understanding it, without grasping why it is one that one man and one woman open to children until just a very few years ago has always been considered the essence of marriage and the heart of family… We can’t shirk our responsibilities to the future, but let’s also respect and appreciate values and institutions that have stood the test of time and pass them on, undamaged, when that’s best. That’s a goal we should all be able to share” [emphasis added].

Despite claiming that he still supports holding a marriage equality plebiscite, it is clear which outcome he wanted, placing into serious doubt his sincerity in introducing legislation following a successful ‘yes’ vote (were he still Prime Minister – a position to which he obviously wishes to return).

The Australian Christian Lobby has also done its job in undermining the credibility of any marriage equality plebiscite, with comments reported by The Guardian that:

“Abbott emerged from that meeting announcing the Coalition had decided to use its numbers to block the introduction into the Australian parliament of yet another bill to change the definition of marriage… Instead, a people’s vote known as a plebiscite would be held sometime after the 2016 election, kicking the issue into the long grass (putting the issue off) and blunting the momentum of same-sex marriage lobbyists” [emphasis added].

Australian Marriage Equality head Rodney Croome, quoted in the same article, quite accurately summed up these developments with the following: “[a]s a policy option, the plebiscite is collapsing under the weight of its own cynicism.”

Indeed, one of the most pleasing aspects of this week’s debate has been the increasing media scrutiny of the proposal to hold a plebiscite on marriage equality, with respected journalists such as Lenore Taylor describing it asdaft and Mark Kenny observing that:

“Malcolm Turnbull’s commitment to the plebiscite can be seen for what it really is: an internal matter – the price of entry to the leadership. Slow and costly… his own credibility with voters is also at stake if he is seen to trade principles in pursuit of power and an easier life.”

The final major development of the past 10 days was yesterday’s (Friday 29 January 2016) announcement by Australian Marriage Equality that it now believes there is majority support for passing majority equality legislation in both houses of parliament – if only the Coalition were willing to grant their MPs and Senators a free vote.

All of which puts the issue of marriage equality squarely in the Prime Minister’s court (the current one, Malcolm Turnbull, not Prime Minister-in-exile Tony Abbott). The original proposal to hold a marriage equality plebiscite may not have been his, but, now that he is in the Lodge, he owns it.

It is up to Malcolm Turnbull to decide whether Australia will be subjected to a pointless plebiscite on this issue. The time has come for him to show whether he is a leader who is strong enough to back a free vote, or whether he is instead prepared to allow this farce to drag on for not just months, but years, solely for reasons of political expediency.

The signs, however, are not good. Turnbull reiterated the Government’s position in support of a plebiscite to 3AW Radio just yesterday, saying it will “absolutely” pass parliament following a successful vote (something which Abetz, Bernardi, McKenzie and others may have more to say about in coming weeks).

Finally, he has responded to my letter to him on this subject – well, sort of anyway. Given he seems to have outsourced his decision-making on marriage equality to his homophobic predecessor Tony Abbott, it is possibly unsurprising, although nevertheless disappointing, that he has outsourced responsibility for answering correspondence regarding the marriage equality plebiscite to Attorney-General Senator George Brandis, who in turn has delegated it to his Department.

Here is the Government’s response to my letter to Malcolm Turnbull about the marriage equality plebiscite:

 

“27 January 2016

 

Mr Alastair Lawrie

[Address withheld]

 

Dear Mr Lawrie

Thank you for your recent correspondence to the Prime Minister, the Hon Malcolm Turnbull MP, about same-sex marriage. Your correspondence was referred to the Attorney-General, Senator the Hon George Brandis QC, as marriage falls within his portfolio responsibilities. The Attorney-General has asked that I reply to you on his behalf.

I appreciate you taking the time to write to the Government on the issue of same-sex marriage and for sharing your personal experiences. It is clear that this issue holds particular significant for you.

The Government appreciates that, like you, many Australians have strong personal views about same-sex marriage. That is why, last year, it was decided that this issue should be resolved through a national vote that gives every Australian the opportunity to have their say.

The Government believes it is thoroughly democratic to ask the Australian people whether the Marriage Act 1961 should be amended to allow for same-sex marriage, provided there are appropriate safeguards in place to protect religious freedom[i].

Although a plebiscite will cost money, the Government is of the view that every Australian should be able to have their say on this important issue.

Thank you for bringing your views to the Government’s attention.

 

Yours sincerely

[Name withheld]

Marriage Law and Celebrants Section”

 

Croome on Plebiscite

 

[i] The reference to “appropriate safeguards in place to protect religious freedom” is obviously of major concern, given the push for exceptions to be granted to civil celebrants and other businesses that supply weddings to allow them to discriminate against LGBTI couples. This is an issue that will be addressed in a future post.

Letter to Malcolm Turnbull About the Marriage Equality Plebiscite

 

The Hon Malcolm Turnbull MP

Prime Minister

PO Box 6022

House of Representatives

Parliament House

Canberra ACT 2600

Wednesday 20 January 2016

 

Dear Prime Minister

Re: Your Proposed Marriage Equality Plebiscite

We don’t personally know each other[i]. Which means that the only things I know about you are what I can glean from the media.

Just over four months into your Prime Ministership, three main themes have emerged:

  1. You’re rich.

Newspaper reports from around the time you deposed Tony Abbott estimated your net worth at $180 million[ii], or ‘conservatively’ at around $200 million[iii].  And you don’t just own a lot of money, you ‘own’ that description too, responding to a question from Tony Burke in Parliament in October with the following:

“… really, if the honourable member wants to go around wearing a sandwich board saying, ‘Malcolm Turnbull’s got a lot of money,’ feel free. I think people know that.”[iv]

  1. You’re Intelligent.

If there’s one thing that even your detractors are compelled to acknowledge, it is that you are not wanting for intelligence. Indeed, there are many people in public life today, no doubt including colleagues of yours, who would like to think that they are smartest person in the room. With you it seems that boast at least has the chance of being correct more often than not.

  1. You’re not Tony Abbott.

As we head into an election year, it is still not entirely clear what the Government you now lead is going to do differently from its first two years in office. What is clear, at least in presentation if not (yet) in substance, is that you are not Tony Abbott.

In fact, some might say you have rather ‘intelligently’ managed to employ that singular qualification – that you are not Tony Abbott – to retake the leadership of the Liberal Party. It also appears to be the primary explanation for why you are currently so far ahead in the polls. Right now, it even looks like you might be able to parlay the truism, that you are not someone else, into winning another term in Government.

If those three characterisations are accurate – you’re rich, you’re intelligent and you’re not Tony Abbott – then my question to you is this: why do you support a plebiscite on marriage equality?

A marriage equality plebiscite is:

  1. Profligate.

It is difficult to imagine a bigger waste of money than holding a plebiscite on this subject, when the logical alternative is introducing it through an ordinary parliamentary vote (in the same way that it was originally banned, by the then Howard Liberal-National Government, in 2004).

The Australian Electoral Commission has estimated that the cost of holding a stand-alone plebiscite would be at least $158.4 million[v]. Well, imagine one of those agile and innovative entrepreneurs (that you love so much) coming to you with the following proposition:

a) You could make this change, for no additional cost, within a month or two, and with minimal disruption to business as usual, or

b) You could instead waste the equivalent of at least three quarters of your personal net worth trying to introduce this reform, take 18 months to 2 years, and ensure there is maximum distraction from everything else you wish to accomplish?

I don’t imagine you accumulated the wealth you have today by choosing a) very often.

  1. Stupid.

What transforms choosing option b), above, from being merely a very poor decision, into an undeniably stupid one, is that even after holding a plebiscite, you will still have to pass marriage equality legislation in parliament anyway.

There is no constitutional reason for holding a public vote on this topic. The High Court has already made it abundantly clear that Commonwealth Parliament has the power to introduce marriage equality – no referendum, or plebiscite, is required.[vi]

Nor is it appropriate to subject the human rights of a minority group to what is essentially a popularity contest, preceded by what will no doubt be a vicious and ugly public debate driven by the homophobia, biphobia, transphobia and intersexphobia of many of those opposed to the legal equality of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians.

About the only reason anyone has been able to identify for holding a plebiscite on this topic is to try to paper over the cracks of deep division within the Liberal and National Parties – which sounds doesn’t sound like a very intelligent use of $158.4 million of taxpayers’ money to me.

  1. Exactly what Tony Abbott proposed.

The then Prime Minister Tony Abbott put forward the idea of a plebiscite when marriage equality was discussed at the extraordinary joint Liberal-National Party room meeting on 11 August last year.

Forgive me for being cynical for a moment, but here is a man so opposed to the concept of marriage equality that he is comfortable with his own sister being denied the same legal rights he enjoys simply because of her sexual orientation.

So, when Abbott emerged from the Coalition Party room, happy to declare support for a referendum or plebiscite as official Government policy, most LGBTI people saw it as essentially a stalling tactic, as a way to postpone the inevitable for as many years as possible – pushed by a man who, it is fair to say, does not have the best interests of LGBTI Australians at heart.

Indeed, it was reported that you spoke against the proposal for a public vote at that meeting, and told reporters the following day that a parliamentary conscience vote would have been “consistent with Liberal party tradition”, with the additional benefit that:

“One of the attractions of a free vote is that it would have meant the matter would be resolved in this Parliament, one way or another, in a couple of weeks”[vii].

And yet, despite all of this, now that you occupy the top job, you are persisting with your predecessor’s approach, of holding an unnecessary, inappropriate, wasteful and divisive plebiscite.

On marriage equality, you’re not ‘not Tony Abbott’. On marriage equality, you’re just another Tony Abbott.

**********

I started this letter by saying that we don’t personally know each other. As well as me not knowing you, that means you don’t know me either.

You don’t know that I have been together with my partner, Steven, for seven and a half years.

You don’t know that this coming Saturday, 23 January 2016, will mark the sixth anniversary of our engagement.

And, as someone who has been married to your own partner for almost 36 years, you can’t know what it feels like for successive Governments, Coalition and Labor and Coalition once more, to repeatedly tell you that your relationship is less worthy of recognition than the relationships of other Australians, simply because of who you are.

Steven and I, and tens of thousands of other couples across the country, know the bitter taste that is left in one’s mouth by this abhorrent, and completely unjustified, discrimination.

As Prime Minister of this country, a position that you have coveted for so long, you have the power to change this situation.

You could choose to start 2016 by doing what you know is right – by reverting to the policy position which you supported right up until you assumed your current titular position, and pushing for a parliamentary vote on marriage equality in the coming session.

If you did, marriage equality could be reality in Australia within a matter of months, and you would be remembered as the leader, in the true sense of the word, who helped to finally make it happen.

Or you could instead choose to continue to support a profligate and stupid plebiscite on marriage equality.

In doing so, not only would you be entirely indistinguishable from Tony Abbott on this issue, you would join the long line of other so-called ‘leaders’, from John Howard, to Kevin Rudd, Julia Gillard and Tony Abbott, whom Australians will need to achieve marriage equality in spite of, not because of.

After the last national public vote on an issue in 1999, a certain president of the Australian Republic Movement said of John Howard that:

“History will remember him for only one thing. He was the prime minister who broke this nation’s heart.”[viii]

Well, I won’t be quite so grandiose here but please know this: if you continue to support an unnecessary, inappropriate, wasteful and divisive plebiscite on marriage equality, some people will remember you for only one thing – and that is for breaking many LGBTI Australians’ hearts, mine included.

Sincerely

Alastair Lawrie

 

 

151222 Turnbull

Prime Minister Malcolm Turnbull – on support for a marriage equality plebiscite, he’s indistinguishable from predecessor Tony Abbott.

 

[i] We did sit next to each other, once, at a forum on climate change in the lecture theatre at Parliament House in Canberra, but we weren’t introduced, so I don’t think that counts.

[ii] “The Investments that Built Prime Minister Malcolm Turnbull’s Wealth”, Herald Sun, 18 September 2015

[iii] “So Prime Minister Malcolm Turnbull is Really, Really, Rich. Get Over It”, Sydney Morning Herald, 25 September 2015, and “Malcolm Turnbull, the Member for Net Worth”, Australian Financial Review, 17 September 2015.

[iv] Hansard, 15 October 2015.

[v] As quoted on page 22 of the Senate Committee Report: Matter of a popular vote, in the form of a plebiscite or referendum, on the matter of marriage in Australia, 15 September 2015

[vi] In the 2013 case overturning the Australian Capital Territory’s same-sex marriage laws, the High Court stated, unequivocally, that: “[w]hen used in s51(xxi), “marriage” is a term which includes a marriage between persons of the same sex.” The Commonwealth v Australian Capital Territory [2013] HCA 55, para 38

[vii] “Turnbull Dismisses Gay Plebiscite”, Perth Now, 12 August 2015.

[viii] “Turnbull Re-Launches Campaign for Australian Republic”, ABC Lateline, 10 May 2013.

7 Better Ways to Spend $158.4 million

Despite the change of Prime Minister in September, from the homophobe Tony Abbott to the supposedly ‘gay-friendly’ incumbent Malcolm Turnbull, it appears we are stuck with the decidedly unfriendly option of holding a plebiscite to determine whether the relationships of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians should be treated equally under the law, or if they will continue to be treated as second class compared to the relationships of their cisgender heterosexual counterparts.

 

This blog has previously looked at the issue of a marriage equality plebiscite, with my submission to the recent Senate inquiry arguing that such a vote would be unnecessary, inappropriate, wasteful and divisive.

 

Just how wasteful a plebiscite would be became apparent during the course of that inquiry, with the Australian Electoral Commission estimating that the cost of holding a stand-alone vote to determine this issue would be at least $158.4 million.[i]

 

$158.4 million, to conduct what is essentially a glorified public opinion poll, which would not be binding on our elected officials, nor compelling them to implement the outcome in a timely manner (with the 1977 plebiscite, which selected ‘Advance Australia Fair’ as our new national anthem, not legislated until 1984).

 

$158.4 million, to determine what we already know – that the majority of Australians support the human rights of LGBTI Australians, and wish to see a Marriage Act that does not discriminate on the basis of sexual orientation, gender identity or intersex status.

 

$158.4 million, to do something that the 226 members of the Commonwealth Parliament could do for no extra cost, something that they are elected to do, and something that overturns what they have done before (with John Howard’s homophobic, biphobic, transphobic and intersexphobic ban on equal marriage passed by Parliament alone and not subjected to a public vote).

 

Surely there are a million better things that the Turnbull Liberal-National Government could spend this money on? This post looks at seven preferable alternatives – although I am confident that readers of this blog could nominate many, many more. Anyway, here goes – in no particular order, here’s 7 better ways to spend $158.4 million:

 

  1. Resettle an extra 2,297 refugees from Syria and Iraq

 

The biggest humanitarian crisis of 2015 – indeed, the biggest humanitarian crisis of the past decade and probably of the century so far – has been the civil war in Syria (which started almost five years ago), the subsequent rise of ISIS there and in Iraq and the horrific violence they have inflicted on the people in both places, and the enormous number of refugees that the Assad regime, the Syrian civil war and ISIS have collectively created.

 

While the vast majority of refugees remain located in neighbouring countries, the increasing numbers of people seeking asylum reaching Europe during 2015 – and, tragically, the deaths of many who were attempting to flee – finally prompted the Australian Government to announce it would accept 12,000 refugees from Syria and Iraq in addition to its annual intake of 13,750 refugees (then Prime Minister Tony Abbott announced this policy on 9 September[ii], making it one of his last acts in office).

 

The cost of this additional intake of refugees was not revealed until the Mid-Year Economic and Fiscal Outlook (MYEFO), released by new Treasurer Scott Morrison on 15 December 2015. The MYEFO papers showed that the net cost to the Budget of permanently resettling an extra 12,000 refugees fleeing the conflict in Syria and Iraq is $827.4 million over 4 years[iii].

 

Which means that, were the Turnbull Government to re-allocate the $158.4 million it is currently planning to spend on a marriage equality plebiscite, we could resettle at least an additional 2,297 refugees from Syria and Iraq[iv]. Surely most Australians, indeed most humans, would consider that a much better way to spend this money.

 

  1. Restore 2015-16 Foreign Aid Funding to Afghanistan… and Sub-Saharan Africa… and Palestine… and Middle East & North Africa… and UNICEF

 

Foreign Minister Julie Bishop is a ‘Julie-come-lately’ when it comes to supporting marriage equality – she only announced her personal support for it in early November 2015.[v]

 

However, in the same breath she also reiterated her commitment to a plebiscite: “I have absolutely no concerns about it myself, but I know there [are] a lot of people who are deeply concerned about the issue… I think the Australian people should have their say.”

 

So, rather than casting her vote as an elected representative, one out of 226 Federal Parliamentarians who have the power to change the law in a matter of weeks, Minister Bishop would instead prefer to waste years, and $158.4 million, on a completely unnecessary public vote, leaving her own vote as just one out of the 15.26 million Australians currently on the electoral roll[vi].

 

As well as abrogating her personal responsibility as an MP (which includes the ability, nay responsibility, to consider and pass legislation), according to the Australia Institute, “current foreign minister Julie Bishop [also holds] the dubious honour of being the minister to oversee the largest drop in aid spending [compared] to Gross National Income”[vii].

 

The Liberal-National Government of which she is a key member plans to cut aid funding by $1.4 billion per year, or 33 per cent, by 2017-18. These cuts include savage reductions in the 2015-16 Budget year across a large number of countries and international aid programs[viii].

 

Obviously, the $158.4 million intended to fund the marriage equality plebiscite is small change compared to these overall totals, but, applying that figure to the 2015-16 Budget year, it could restore current financial year funding to:

 

  • Afghanistan (2015-16 Budget cut by $52.4 million)
  • Sub-Saharan Africa ($74.2 million cut)
  • Palestine ($13.7 million cut)
  • Middle East and North Africa ($2.3 million cut) and
  • UNICEF ($14 million cut).[ix]

 

And there would almost be enough money left over to undo the $3 million cut to the United Nations Program on HIV and AIDS (UNAIDS) too. Perhaps Minister Bishop should spend more time advocating for Australian Government funding to assist the world’s disadvantaged, and less time calling for a pointless plebiscite.

 

  1. Support an additional 1,975 postgraduate students

 

Malcolm Turnbull likes to claim he is the ‘Innovation Prime Minister’, and that it is his mission to lead an ‘agile’ Government and an even more ‘agile’ economy. Well, instead of wasting $158.4 million on an unnecessary, inappropriate and divisive marriage equality plebiscite, he could fund Australian Postgraduate Awards for 1,975 extra students for three years instead.[x]

 

Imagine that – almost 2,000 extra PhDs in Australia contributing to science, and technology, and engineering, and mathematics, and countless other fields. Imagine what they could add to the sum of human knowledge. Alas, we will not find out if Turnbull insists on spending the money on something which he himself considered unnecessary just one month before becoming PM.[xi]

 

  1. Hire 477 more registered nurses

 

In his 2014-15 Federal Budget, then Treasurer Joe Hockey cut $80 billion from the states and territories, monies that were supposed to fund increases in spending on health and education over the subsequent decade. This included $50 billion in cuts to hospitals, and another $30 billion in cuts to schools.

 

The new Treasurer, Scott Morrison, has indicated that, not only will he not be reversing these cuts, even if the Turnbull Government increased the GST to 15% and expanded it to cover fresh food he still would not use the revenue collected to restore this funding.[xii]

 

Obviously, $158.4 million wouldn’t go very far in undoing the massive reductions in future health spending by both Hockey and now Morrison, but it would nevertheless be enough to pay the base salary of at least 477 registered nurses for four years[xiii] – and that’s nothing to be sneezed at.

 

  1. Employ an extra 578 teachers in public schools

 

Based on a similar approach, re-allocating $158.4 million from an unnecessary, inappropriate and divisive marriage equality plebiscite to instead give to the states and territories to allow them to employ an additional 578 teachers[xiv] in public schools across the country sounds like a much smarter, and productive, investment to me.

 

  1. Reduce Government debt

 

The Abbott Liberal-National Government was elected in September 2013 on the back of three relentlessly negative fear campaigns – against a carbon tax, against people seeking asylum, and against ‘Labor’s debt and deficit’. In fact, the ‘debt and deficit’ focus dates all the way back to the 2008-09 Global Financial Crisis, making it perhaps Abbott’s longest-serving attack on the Rudd, Gillard and Rudd Governments (including when Abbott was part of the Shadow Ministry).

 

Of course, in the years since they were elected the Abbott, and now Turnbull, Governments have overseen ongoing Budget deficits, and continued increases in net Government debt. Based on MYEFO, net debt will now not peak until 2017-18, at 18.5% of GDP (or $336.4 billion)[xv], with Treasury forecasting there will not be a Budget surplus until 2020-21 at the earliest.

 

Which makes any decision to hold a marriage equality plebiscite costing $158.4 million, in either 2016-17 (when there is expected to be a Budget deficit of $33.7 billion) or 2017-18 (with its anticipated deficit of $23 billion)[xvi], seem entirely profligate.

 

If Malcolm Turnbull, Scott Morrison, and their Coalition colleagues, are genuinely concerned about reducing Government ‘debt and deficit’, then deciding not to hold a $158.4 million opinion poll would have to be one of the easiest Budget ‘saves’ of all time.

 

  1. Fund the National Safe Schools Coalition… almost 20 times over

 

With the glaring, and profoundly disappointing, exception of marriage equality, the former Labor Government passed a large number of LGBTI reforms, including long overdue de facto relationship recognition, and the introduction of LGBTI anti-discrimination protections in federal law for the first time.

 

One initiative that received less coverage at the time was the 2013 decision to fund the national rollout of the Safe Schools Coalition, which had previously only operated in Victoria, with an $8 million grant. To their credit, the Liberal-National Government has not overturned this funding, and the expansion of Safe Schools has occurred under their watch.

 

The estimated cost of the marriage equality plebiscite would be enough to fund this rollout almost 20 times over – and, in practice, it would take much less than $158.4 million to help ensure that all schools across the country could participate in a program aimed at combatting homophobia, biphobia, transphobia and intersexphobia (and sadly one that will be even more needed given the hatred and prejudice likely to be whipped up by the plebiscite debate).

 

Indeed, there would be plenty of money left over to help fund the implementation of the reforms recommended by the 2013 Senate Inquiry into the Involuntary or Coerced Sterilisation of Intersex People in Australia, and to remove out-of-pocket medical expenses for transgender Australians, and even to fund housing services for LGBTI young people, who are disproportionately affected by homelessness.

 

If the Turnbull Government really wants to spend $158.4 million on issues that affect LGBTI Australians, it should redirect it to the above programs (and others aimed at improving LGBTI health and welfare). It could do so comfortable in the knowledge that it would still be able to pass marriage equality at, essentially, no cost.

 

**********

 

In conclusion, there is absolutely no reason for the Turnbull Government to hold a plebiscite on marriage equality, especially not when, as well as being publicly divisive, it would cost the taxpayer an estimated $158.4 million.

 

This reform, which is solely concerned with recognising the fundamental equality of lesbian, gay, bisexual, transgender and intersex Australians, and their relationships, under secular law, should be passed in the same way that John Howard’s ban on same-sex marriage was – by our 226 elected representatives, sitting in the Federal Parliament.

 

Which would leave the money that would have been spent on the plebiscite available for any of the seven options listed above, or for a myriad of other choices. There’s no denying that Malcolm Turnbull is an intelligent man – here’s hoping he’s smart enough to choose something other than to persist with Tony Abbott’s stupid, and damaging, plebiscite proposal.

 

151222 Turnbull

Prime Minister Malcolm Turnbull, who could spend $158.4 million on resettling an extra 2,297 refugees from Syria and Iraq, or who could waste it on an unnecessary, inappropriate and divisive plebiscite.

 

[i] As quoted on page 22 of the Senate Committee Report: Matter of a popular vote, in the form of a plebiscite or referendum, on the matter of marriage in Australia, 15 September 2015 http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Marriage_Plebiscite/Report

[ii] Sydney Morning Herald, “Abbott Government agrees to resettle 12,000 Syrian refugees in Australia”, 9 September 2015: http://www.smh.com.au/federal-politics/political-news/abbott-government-agrees-to-resettle-12000-syrian-refugees-in-australia-20150909-gjibqz.html

[iii] MYEFO Expenditures can be found here: http://budget.gov.au/2015-16/content/myefo/html/11_appendix_a_expense.htm

[iv] Based on the current estimate of a cost of $68,950 spent per refugee over four years. The number of additional refugees would likely be higher than 2,297 given economies of scale.

[v] ABC, “Julie Bishop announces support for same-sex marriage”, 2 November 2015: http://www.abc.net.au/news/2015-11-02/julie-bishop-announces-support-for-same-sex-marriage/6906740

[vi] Source Australian Electoral Commission: http://www.aec.gov.au/Enrolling_to_vote/Enrolment_stats/

[vii] Matt Grudnoff & Dan Gilchrist, “Charity Ends at Home: The decline of foreign aid in Australia”, The Australia Institute, September 2015, p iii (full report available here: http://www.tai.org.au/content/charity-ends-home-decline-foreign-aid-australia

[viii] Ibid, and in Guardian Australia, “Budget cuts to foreign aid put Australia on track for least generous spend ever,” 14 May 2015: http://www.theguardian.com/news/datablog/2015/may/14/budget-cuts-to-foreign-aid-put-australia-on-track-for-least-generous-spend-ever

[ix] Figures from Guardian Australia article and Charity Ends at Home report, above.

[x] The 2016 Australian Postgraduate Award full time payment is $26,288 (https://www.education.gov.au/australian-postgraduate-awards ) and applying the current 1.7% inflation figure would make three years of support (2016-2018) cost $80,210.

[xi] “There is a huge number of big issues, so one of the attractions of a free vote is that it would have meant the matter would have been resolved in this parliament one way or another in a couple of weeks.” Guardian Australia, “Malcolm Turnbull says plebiscite on marriage equality will keep issue alive”, 12 August 2015: http://www.theguardian.com/australia-news/2015/aug/12/malcolm-turnbull-says-plebiscite-on-marriage-equality-will-keep-issue-alive

[xii] Guardian Australia, “Scott Morrison will not raise GST to fund states’ funding black holes”, 10 December 2015: http://www.theguardian.com/australia-news/2015/dec/10/scott-morrison-will-not-raise-gst-to-fund-states-funding-black-holes

[xiii] Based on the highest base wage of a registered nurse in NSW – $79,383, source: Health Times, “What do nurses earn?”, 17 September 2015 http://healthtimes.com.au/hub/nursing-careers/6/guidance/nc1/what-do-nurses-earn/605/ – and applying 3% salary increases for the subsequent 3 years.

[xiv] Based on the base salary of a five-year trained teacher (BA/MTeach, BSc/MTeach, BEd/BA, BEd/BSc) in NSW government schools – $65,486, source: University of Sydney Faculty of Education and Social Work: http://sydney.edu.au/education_social_work/future_students/careers/teacher_salaries.shtml – and applying 3% salary increases for the following 3 years.

[xv] MYEFO Debt Statement: http://www.budget.gov.au/2015-16/content/myefo/html/09_attachment_e.htm

[xvi] ABC, “Budget deficit increased as MYEFO released,” 15 December 2015: http://www.abc.net.au/news/2015-12-15/budget-deficit-increased-as-myefo-released/7029472

No Referendum. No Plebiscite. Just Pass the Bill.

The following is my submission to the current Senate Inquiry into whether there should be a referendum or plebiscite into marriage equality. As you can tell from the title of this post, I am strongly against both.

For more information, or to make your own submission, go here: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Marriage_Plebiscite

Committee Secretary

Senate Legal and Constitutional Affairs Committee

PO Box 6100

Parliament House

CANBERRA ACT 2600

legcon.sen@aph.gov.au

Saturday 29 August 2015

Dear Committee Members

SUBMISSION TO INQUIRY INTO “THE MATTER OF A POPULAR VOTE, IN THE FORM OF A PLEBISCITE OR REFERENDUM, ON THE MATTER OF MARRIAGE IN AUSTRALIA”

Thank you for the opportunity to provide this submission on the question of whether Australia should hold a ‘public vote’ on the issue of marriage equality, and if so what form and timing such a vote should take.

My overall response to this question is that a marriage equality plebiscite or referendum would be unnecessary, inappropriate, wasteful and divisive, and therefore should not be held.

My detailed responses to the terms of reference to the inquiry are set out below.

a. An assessment of the content and implications of a question to be put to electors

I believe that a plebiscite or referendum on marriage equality would be unnecessary, inappropriate, wasteful and divisive, and therefore will not address this term of reference.

b. An examination of the resources required to enact such an activity, including the question of the contribution of Commonwealth funding to the ‘yes’ and ‘no’ campaigns

I believe that a plebiscite or referendum on marriage equality would be unnecessary, inappropriate, wasteful and divisive, and therefore will not address this term of reference.

c. An assessment of the impact of the timing of such an activity, including the opportunity for it to coincide with a general election

I believe that a plebiscite or referendum on marriage equality would be unnecessary, inappropriate, wasteful and divisive, and therefore will not address this term of reference.

d. Whether such an activity is an appropriate method to address matters of equality and human rights

It is absolutely inappropriate to use a ‘public vote’ to determine whether all people should be treated equally under the law, irrespective of sexual orientation, gender identity or intersex status.

The recognition of the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians should not be subject to a popularity contest, and only granted if enough people express the view, through such a vote, that we are ‘worthy’.

In circumstances where it is not already formally recognised, the right for all couples to be married under secular law should be recognised in the usual place and in the usual way – in our nation’s parliament.

Turning specifically to the question of a referendum, the High Court has already found that the Commonwealth Parliament has the constitutional power to introduce marriage equality.

In the 2013 case overturning the Australian Capital Territory’s same-sex marriage laws, the High Court stated, unequivocally, that: “[w]hen used in s51(xxi), “marriage” is a term which includes a marriage between persons of the same sex.”[i]

This makes those who argue for a ‘constitutional referendum’ on this subject, or who even suggest that one could be held, seem to be one of two things, either:

  1. Completely lacking in understanding of the Constitution, and the Australian system of government generally (and arguably dangerously ill-informed where such people are current parliamentarians)

Or

  1. Motivated by a desire to block the equality of lesbian, gay, bisexual, transgender or intersex Australians by whatever means necessary, even by holding an unnecessary referendum, solely because it imposes a higher threshold for success (the requirement to be passed by both a majority of voters, and a majority of voters in a majority of states).

While there are fewer legal arguments against holding a plebiscite on marriage equality, there remain strong reasons why it would be inappropriate.

First, as described above, whether human rights are recognised or not should not be determined through a popularity contest.

Second, the result of any such plebiscite would not be binding on the Parliament, and there would obviously be no requirement for a successful result to be recognised immediately (as demonstrated by the 1977 plebiscite on the national anthem, which was not legislated until 1984).

Third, and related to the above, the suggestion to hold a plebiscite on marriage equality appears to be nothing more than a delaying tactic, designed to hold off the prospect of full equality for LGBTI Australians for at least another term, or more (especially given Prime Minister Abbott has expressed his desire for it to be held after the next federal election, and even then after the referendum on constitutional recognition for Indigenous Australians).

Fourth, and finally, it should be noted that the same people who are arguing for a plebiscite now (including Prime Minister Tony Abbott, Deputy Liberal Leader and Foreign Minister Julie Bishop and Treasurer Joe Hockey) voted against marriage equality in the Parliament in August 2004 and, joined by Social Services Minister Scott Morrison, did so again in September 2012.

At no point did they express the view that parliamentarians voting on marriage equality was somehow inappropriate – at least while the Parliament was voting ‘No’.

Indeed, in May, responding to the Irish marriage equality referendum and rejecting a similar proposal here, Prime Minister Abbott said that: “questions of marriage are the preserve of the Commonwealth Parliament”.[ii]

The only thing that appears to have changed is that, unlike 2004 and 2012, and were a Liberal Party conscience vote to be granted, marriage equality legislation would have a reasonable chance of success in 2015.

Which only makes the decision to reject the concept of a parliamentary vote, in favour of a plebiscite, appear even worse.

It is not just moving the goalposts, it is changing the fundamental rules of the game, to thwart opponents who simply want the right to be treated equally under the law.

It is beyond unreasonable, it is hypocritical and grossly unfair, and should be rejected.

A referendum or plebiscite on marriage equality would also be extraordinarily wasteful.

Public estimates of the cost of holding such a vote (particularly when it is a standalone ballot, which is the preference of Prime Minister Abbott) have put the figure at in excess of $100 million.[iii]

This is extraordinarily expensive, particularly given introducing marriage equality is something that could be done by our nation’s Parliament in the ordinary course of events, at no additional cost to the taxpayer.

Of course, if the Abbott Liberal-National Government genuinely wants to spend $100-150 million on issues of concern to lesbian, gay, bisexual, transgender and intersex Australians, then might I suggest the following:

  • Implementing the reforms recommended by the 2013 Senate Inquiry into the Involuntary or Coerced Sterilisation of Intersex People in Australia, to end this gross violation of human rights
  • Removing out-of-pocket medical expenses for transgender Australians
  • Increasing funding for the Safe Schools Coalition to ensure it reaches students in every school across the country and
  • Funding housing services for LGBTI young people, who are disproportionately affected by homelessness.

All of these suggestions, and indeed a great many others, would be better uses of public monies than throwing millions of dollars away on an unnecessary, inappropriate and wasteful plebiscite or referendum.

In addition to the above reasons, it should also be acknowledged that a public vote on marriage equality has the potential to be incredibly divisive, and therefore dangerous.

This is because any referendum or plebiscite would necessarily stir up homophobia, biphobia, transphobia and intersexphobia in the community, and especially in the media.

We experienced a small taste of what such a debate would look like this week when the Daily Telegraph newspaper devoted its front page, and several pages thereafter, to attacking the idea that students should be exposed to the reality that rainbow families exist, and are normal (with one columnist even ‘bravely’ telling a 12 year old girl that her family was not normal).

The only positive aspect of this outrageous and horrific ‘beat-up’ is that it has gradually receded in prominence, replaced by other stories as part of the regular news cycle.

Unfortunately, the holding of a plebiscite or referendum on marriage equality would all but ensure that such stories were featured prominently for days, weeks or even months on end.

We should not underestimate the damage that such a vote would cause.

Research consistently finds that young lesbian, gay, bisexual and transgender people are disproportionately affected by mental health issues, and have substantially higher rates of suicide than their cisgender heterosexual counterparts, with one of the main causes being the discrimination and prejudice to which they are exposed every day.

A bitter and protracted public debate, about whether who they are should be treated equally under the law or not, would inevitably have a significant, negative impact on their mental health.

But they would not be the only ones adversely affected. A nasty campaign against the equality of LGBTI families, which would be an inevitable part of any public vote, would also negatively impact on the wellbeing of the children of these families.

Indeed, nearly all LGBTI Australians would probably be affected in some way by the holding of a public vote to determine whether we should continue to be treated as second class citizens by our own country or not. Such a vote should not be held.

A plebiscite or referendum on marriage equality would be unnecessary, inappropriate, wasteful and divisive. It should be comprehensively rejected by this Inquiry, and by the Commonwealth Parliament.

e. The terms of the Marriage Equality Plebiscite Bill 2015 currently before the Senate

I believe that a plebiscite or referendum on marriage equality would be unnecessary, inappropriate, wasteful and divisive.

I therefore call on all Senators to reject the Marriage Equality Plebiscite Bill 2015 currently before the Senate, and to resist any and all attempts to hold a plebiscite or referendum on this subject in the future.

f. Any other related matters

There is absolutely no justification whatsoever to hold a referendum on something which the High Court has already found is within the power of the Commonwealth Parliament.

Nor is there any justification to hold a plebiscite on marriage equality. I am 37 years old, and there has not been a federal plebiscite in my lifetime.

It is bizarre, and offensive, that the first plebiscite since 1977 should be held to determine whether my relationship should be treated equally under the law.

My fiancé Steven and I recently celebrated our 7th anniversary. We have been engaged for more than five and a half years. We, like thousands of other LGBTI couples in Australia, are done waiting.

We have gone to protests, we have written submissions, we have commented in the media, we have patiently (and sometimes less than patiently) campaigned for change.

Finally, when the numbers for reform appear to exist within the Parliament, if not this year then certainly after the 2016 election (irrespective of who wins), Prime Minister Abbott and the Liberal-National Government he leads seek to change the rules.

Despite voting against my equality for more than a decade, without reservation, he and his colleagues now believe that this is not something which can be determined by the Commonwealth Parliament.

Plainly, they are wrong. Marriage equality can and should be passed, in the House of Representatives and the Senate, the same places where it was banned in August 2004.

And, if our current House of Representatives MPs and Senators will not do their job, if they refuse to legislate for the equal right to marry for all Australians irrespective of sexual orientation, gender identity or intersex status, then the Australian people must do their job next year and vote them out. Because LGBTI Australians have waited long enough.

Thank you for taking this submission into consideration.

Sincerely

Alastair Lawrie

If Prime Minister Tony Abbott, and the Government he leads, will not change the law, then the Australian people must change the Government.

If Prime Minister Tony Abbott, and the Government he leads, will not change the law, then the Australian people must change the Government.

[i] The Commonwealth v Australian Capital Territory [2013] HCA 55, para 38.

[ii] “Gay Marriage Referendum in Australia Dismissed by Tony Abbott”, ABC News Online, 25 May 2015: http://www.abc.net.au/news/2015-05-24/leaders-dismiss-same-sex-marriage-referendum-in-australia/6493180

[iii] “Williams said the average cost of a referendum was between $100m and $150m outside an election and half that if it was held in conjunction with an election”: “Tony Abbott says no to referendum on same-sex marriage, despite Irish vote”, Guardian Australia, 24 May 2015: http://www.theguardian.com/world/2015/may/24/tony-abbott-says-no-to-referendum-on-same-sex-marriage-despite-irish-vote

Will Christine Forster Apologise for her Pre-Election Column?

Ms Christine Forster

cforster@cityofsydney.nsw.gov.au

Monday 24 August 2015

Dear Ms Forster,

I am writing to you concerning an opinion piece you wrote before the 2013 Federal Election for the Star Observer called “Vote Liberal for Real Change”.[i]

Specifically, you began by writing:

“You only have one vote on September 7 and this election is the most important in a generation.

“For many of us in the GLBTI community marriage equality is a key political issue at a federal level and the positions of the two major parties on this important question are virtually the same. Both are leaving it up to their new members of parliament to decide, after the election” [emphasis added].

It was abundantly clear at the time that this description was inaccurate – that in no way, shape or form could the positions of Labor and the Coalition be described as “virtually the same”.

Indeed, as I commented on your opinion piece at the time:

“The second paragraph in this op-ed is rubbish. No, Ms Forster, the positions of the two major parties on this important question are NOT virtually the same.

“One major party has a party platform in favour of marriage equality, rules which guarantee its MPs a conscience vote, a majority of sitting MPs who voted in favour of marriage equality just last year, a Prime Minister who supports it, and a commitment to reintroduce a Bill within 100 days.

“The other – your brother’s Coalition – has left it up to whoever is elected at this election to decide whether to even have a conscience vote (with the possibility that there is not a conscience vote/all its MPs are forced to vote against), a Leader who continues to oppose marriage equality, and who does not expect a Bill to even arise in the next parliament, and not a single sitting MP who voted for marriage equality in 2012 (despite Liberals always saying that backbenchers can vote freely on every Bill).

“I don’t know what your definition of ‘virtually the same’ is, but it is in no dictionary that I can find.”

Unfortunately, the description that you used then has turned out to be even more inaccurate now, almost two years later.

The Labor Opposition today is led by a supporter of marriage equality, who has made a similar commitment to his predecessor (to introduce a Bill within 100 days, if elected), with the vast majority of ALP MPs and Senators indicating they will vote in favour of marriage equality when it next comes to a vote.

Meanwhile, the Liberal-National Government remains led by a Prime Minister who is strongly opposed to the full legal equality of lesbian, gay, bisexual, transgender and intersex Australians, and a Coalition party room that spoke two to one against even allowing a conscience vote on the subject, meaning only a small handful of Coalition MPs will be able to vote in favour of reform.

To make matters worse, the Abbott Liberal-National Government is apparently intent on denying a House of Representatives vote on this matter during the current term of parliament (by using its numbers on the Selection of Bills Committee), instead concentrating on finding ways to defer the issue for yet another term, even considering the option of an inappropriate and unnecessary constitutional referendum to help ‘stack the decks’ against marriage equality.

Given all of the above, I have two simple questions for you:

  1. Do you now concede that your pre-election opinion piece was inaccurate?
  2. Will you apologise to anyone who was silly enough to actually believe what you wrote?

I look forward to receiving your correspondence addressing the above questions.

Sincerely,

Alastair Lawrie

[i] 4 September 2013: http://www.starobserver.com.au/opinion/election-opinion-vote-liberal-for-real-change/108960

Christine Forster (source: ABC).

Christine Forster (source: ABC).

Responding to Bill Shorten’s Arguments Against a Binding Vote on Marriage Equality

Last night, just 36 hours from the start of ALP National Conference, the Sydney Morning Herald published an opinion piece by Federal Opposition Leader Bill Shorten explaining why he supports a conscience vote on marriage equality[i].

The article itself is short and, based on any objective reading, the arguments he makes for a conscience vote (or rather, against a binding vote), are weak.

So weak, in fact, that it is tempting to assume Mr Shorten is aware there remains a strong chance that National Conference will decide on Sunday afternoon that the ALP should nevertheless bind (whether immediately, or taking effect from the start of the next federal election campaign), and he does not want to appear to be too out of step with the membership on this issue.

Whatever the motivation, in this post I will respond to the three main arguments against a binding vote put forward by Mr Shorten.

1. A binding vote would be difficult for ALP MPs and Senators who oppose marriage equality

Bill says: “I support marriage equality… But I understand that not every Labor MP or party member feels the same way. Some, particularly people of faith, take a different view. I respect this. It’s why I support a free vote on marriage equality.

Solidarity still has a powerful meaning in our party and a binding vote would put a handful of Labor MPs in a very difficult position. Either they vote against their conscience, or they vote against the party they’ve dedicated their working life to serving.”

Response: This may well be true – for a handful of ALP parliamentarians in both chambers the prospect of being compelled to vote for the full equality of lesbian, gay, bisexual, transgender and intersex Australians, including in the Marriage Act, does raise personal ethical issues for them.

But the problem is, and the key fact that Mr Shorten ignores, is that this dilemma – being compelled to vote for a position with which you do not agree – is not unique to the issue of marriage equality.

Indeed, to paraphrase a slogan from another political party, this is the exact same question faced by every ALP MP, on every single issue, and every single vote, whenever they disagree with the Party’s position – as a member of a political party based on collective action, and bound by the principle of solidarity, does my personal opposition outweigh my overall loyalty to the party?

It is the same question that is asked by ALP members from across the factional divide who find our current policies on refugees (which involve the offshore detention, processing and resettlement of refugees, including LGBTI refugees in countries that criminalise them) to be abhorrent.

It is the same question that was asked by ALP members who earlier this year personally opposed the Abbott Government’s metadata legislation – but which was supported by the Federal Opposition. Or who did not support the cuts to single parent payments made by the Labor Government in 2012, or who wanted to shut down the live animal export trade permanently in 2011[ii].

Each of these policy questions raises significant ethical issues for the MPs and Senators who have a different personal view to the overall position of the Party. But, in respect of no other policy was the response of the Party, and Party Leader, to say that this disagreement therefore meant that normal processes, which require parliamentarians to be bound, should not apply.

And Mr Shorten does not make any substantive argument for why the issue of marriage equality should be treated differently to any other issue.

He does make an indirect reference to ‘people of faith’ but, as has been explained previously[iii], that would only be relevant if ALP parliamentarians were being required to vote to change the definition of marriage within their religion – and no marriage equality Bill proposed to date would do any such thing.

Under every proposal, all ministers of religion would be free to continue to reject – or support (remembering that some religious organisations want to be able to marry LGBTI couples) – marriage equality.

All that Labor MPs and Senators are being asked to do is to vote for the equality of all Australians under secular law, irrespective of sexual orientation, gender identity and intersex status – and their personal faith is not a compelling argument to reject that vote being made binding as is standard operating procedure.

And it is even less compelling when we remember that a binding vote on marriage equality was adopted by the ALP from August 2004 to December 2011 – and that, during this time, all Labor parliamentarians who supported LGBTI equality, including those like Senators Penny Wong and Louise Pratt who were from the LGBTI community themselves, were required to vote against it.

Overall, then, Mr Shorten’s first argument does highlight the fact that supporting marriage equality might be difficult for some individual MPs and Senators – but that is not the same thing as saying that the normal rules of the Australian Labor Party, which ordinarily require binding, should not apply.

2. Labor should not adopt a binding vote because of what Tony Abbott might, or might not, do

Bill says: “I believe the best way to ensure our Parliament passes a definition of marriage which includes, values and respects every Australian relationship is for all representatives, from all parties, to have a free vote… I’m hopeful Tony Abbott will allow his MPs a free vote when Parliament returns, to achieve this outcome.

If Labor gets hung up on procedural argy-bargy, we jeopardise this possibility. Not only is it far more difficult for us to call on Tony Abbott to give his party room a free vote if we bind ourselves, there is also the risk that the Coalition re-commits to binding against marriage equality.”

Response: Mr Shorten is right to highlight the very real risk that Tony Abbott, and Warren Truss, and the political parties that they lead, could continue to bind their parliamentarians to vote against marriage equality. But what he omits to mention is that this risk exists irrespective of whatever delegates to this weekend’s ALP National Conference decide to do.

Even if the Labor Party chooses to retain a conscience vote on marriage equality, in the hope that it will somehow entice the Liberals and Nationals to do the same, there is no guarantee this move will have any influence over them whatsoever.

After all, if the ALP’s position was so influential, then it is reasonable to ask why the Coalition hasn’t adopted a conscience vote during the three and a half years in which Labor has already had one[iv].

Mr Shorten’s argument also seems to suggest that a conscience vote on both sides is numerically the most likely to succeed, when in fact the best chance for passage would be for the Labor Party to adopt a binding vote, and for the Liberal and National Parties to adopt a conscience vote.

As Australian Marriage Equality has repeatedly made clear, even with a conscience vote on both sides, if and when a cross-party marriage equality Bill is considered later this term, it could still fall short.

And that phrase, ‘this term’, is actually the key here. Because the decision whether to adopt a binding vote, or retain a conscience vote, is about far more than the remaining 13 months of this parliamentary cycle.

This debate is also about what policies the Australian Labor Party takes to the next Federal Election, and whether it is able to implement them.

If Mr Shorten wants to be able to stand before the Australian people, with hand on heart, and declare that, if elected, a Labor Government he leads would introduce marriage equality, then the only way in which he would be able to ensure it could be delivered is by adopting a binding vote, right here at this Conference.

The decision for National Conference delegates now is about whether the Australian Labor Party fully supports marriage equality, and ensures that all of its MPs and Senators vote accordingly when it next comes before Parliament.

The decision is also about whether, if that vote fails and we are elected to Government next year, a new Labor Government is able to finally deliver marriage equality to lesbian, gay, bisexual, transgender and intersex Australians who have already waited for far too long.

And it is a decision which is far too important to ‘outsource’ to Tony Abbott, and Warren Truss, and the Liberal and National Party rooms, based on hypotheticals about what they may or may not do.

3. A conscience vote is an inherently better way to achieve reform than a binding vote

Bill says: “Frequently now people speak of marriage equality as an “inevitable” social change. In my experience, there is no such thing as inevitable progress, and worthwhile change is always hard-won. The best way to deliver reform is to bring people together. To build support by finding common ground; through consensus not coercion – not through the force of procedure but through the power of an idea whose time has come.”

Response: To many, the sentiments in this paragraph might seem noble. To me – and, I suspect, to most ordinary members of the Australian Labor Party – this paragraph seems almost bizarre.

After all, Mr Shorten is a former trade union official who became state, and later national, secretary of the Australian Workers Union. And he has been a Labor Party MP for almost eight years, including serving as a Cabinet Minister and now, for almost two years, as Party Leader during Opposition.

In all of those positions and roles he has been part of organisations and bodies that are based on solidarity, whether that involves taking collective action in industrial disputes, or voting collectively to change the nation’s laws.

For him to turn around now and say that the best way to deliver major reform is “through consensus not coercion – not through the force of procedure but through the power of an idea whose time has come” is, in effect, arguing that the entire way in which both the union movement and Australian Labor Party operate is inherently wrong.

Is Mr Shorten genuinely saying that all the legacy reforms passed by Labor Governments, from the introduction of Medicare to the expansion of higher education, from the passage of the Racial Discrimination Act and Sex Discrimination Act to the legislative recognition of native title, and more recently from the repeal of WorkChoices to the introduction of the National Disability Insurance Scheme, should have been achieved through conscience votes? Because that is the clear implication of his argument.

To fully realise just how strange, nonsensical even, Mr Shorten’s argument here is, we should consider the major policy which he announced just yesterday morning – a commitment for a 50% renewable energy target by 2030[v].

That would be a major reform – and it is definitely “an idea whose time has come”. By the same logic which he has used to argue against a binding vote on marriage equality, the best way to achieve a 50% RET must be through “consensus not coercion”, meaning Labor parliamentarians should be free to vote against it.

Mr Shorten would probably recoil in horror at that prospect. Well, the rest of us recoil at the double-standard which suggests that the Labor Party can and should bind in order to achieve political, economic, environmental and social change – but that it cannot bind to help achieve change for LGBTI Australians.

So, unless he is going to propose an amendment at this weekend’s Conference to make all policies optional for all Labor Party MPs, he should stop arguing to make just the issue of marriage equality non-binding.

********************

From this discussion, it is clear that none of the three main arguments put forward by Mr Shorten withstand close scrutiny.

After reading, and re-reading, his opinion piece, it is also clear that he fails to grapple with the core of the issue, which is this:

  • Should Labor Party MPs and Senators be free to vote for continued discrimination against LGBTI Australians under secular law?
  • Should our parliamentarians have the so-called ‘right’ to deny human rights to one group in society solely on the basis of who they are?
  • Should ALP caucus members have the option to reject the fundamental equality of their fellow citizens simply because of their sexual orientation, gender identity or intersex status?

The answer to these questions should be, indeed must be, no. And I sincerely hope that the majority of National Conference delegates agree come Sunday afternoon.

Of course, it is incredibly disappointing that the Leader of my political party, Bill Shorten, does not. But he should remember that at the last National Conference the delegates rejected the view of the then Leader, Prime Minister Julia Gillard, that the Party should not change the platform to support marriage equality.

We can, and must, reject his view this time around, and make that platform position binding on ALP MPs and Senators. It’s time to support LGBTI equality 100%. It’s time to bind.

Opposition Leader Bill Shorten's arguments against a binding vote on marriage equality do not withstand close scrutiny.

Opposition Leader Bill Shorten’s arguments against a binding vote on marriage equality do not withstand close scrutiny.

[i] “Bill Shorten: Why I Support a Free Vote on Gay Marriage”, Sydney Morning Herald, 22 July 2015: http://www.smh.com.au/comment/bill-shorten-why-i-support-a-free-vote-on-gay-marriage-20150722-gii96f.html

[ii] For more on this issue, see “One of these things is not (treated) like the others” : https://alastairlawrie.net/2015/04/22/one-of-these-things-is-not-treated-like-the-others/

[iii] See “Why the Australian Labor Party should still adopt a binding vote on marriage equality”: https://alastairlawrie.net/2015/07/14/why-the-australian-labor-party-should-still-adopt-a-binding-vote-on-marriage-equality/

[iv] For more on this issue, see “Why the Australian Labor Party should still adopt a binding vote on marriage equality”: https://alastairlawrie.net/2015/07/14/why-the-australian-labor-party-should-still-adopt-a-binding-vote-on-marriage-equality/

[v] “Bill Shorten to unveil 50% renewable energy target at Labor conference”, Sydney Morning Herald, 22 July 2015: http://www.smh.com.au/federal-politics/political-news/bill-shorten-to-unveil-50-renewable-energy-target-at-labor-conference-20150721-gih4bp.html

What ALP National Conference Delegates Should Hear About Marriage Equality

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.

Senator Penny Wong at the 2011 ALP National Conference in Sydney

Senator Penny Wong at the 2011 ALP National Conference in Sydney

Why the Australian Labor Party should still adopt a binding vote on marriage equality

Over the past couple of months, a large number of people have invested a lot of time and energy in the possibility of a conscience vote within the Liberal Party, and that such a vote will, alongside the votes of the majority of ALP (and all Greens) MPs and Senators, help to deliver marriage equality in the second half of 2015.

And many have argued that, given this focus, we should no longer pursue a binding vote in favour of marriage equality within the Australian Labor Party at their National Conference, which will be held in Melbourne in ten days’ time (Friday 24 July to Sunday 26 July 2015, with the binding versus conscience debate likely to be held on the Sunday afternoon).

But we should remember that these two goals – seeking a conscience vote within the Liberal Party, and an ALP binding vote – are not mutually exclusive (as I have explained in previous posts)[1].

Even more importantly, we should acknowledge that, while we may hope for a Liberal Party conscience vote, it would be dangerous to expect it to happen.

Much of the optimism of recent times relates to Prime Minister Tony Abbott’s comments in Parliament in the week after the successful Irish marriage equality referendum, in which said:

“If our Parliament were to make a big decision on a matter such as this, it ought to be owned by the Parliament and not by any particular party.”[2]

A number of people interpreted this statement to mean that he was open to the possibility of a Liberal Party conscience vote, and that he was in fact inviting Coalition backbenchers to start work on a cross-party Marriage Equality Bill, to be introduced in Parliament after the winter recess.

Except that the Prime Minister gave no such invitation, and certainly did not provide an unambiguous commitment – all he did was offer an observation, and one that started with a very big “IF”.

And of course, even if Tony Abbott had given a commitment, we would do well to remember that, based on the long trail of wreckage he has already left in less than two years in the Lodge – and the 40 promises to the Australian people he has already broken[3] – he is arguably the biggest commitment-breaker ever to hold the highest political office in the country, so it would be very difficult to hold him to his ‘word’ in any event.

Events since that statement have also confirmed the substantial obstacles that remain in the way of a Coalition conscience vote. They include:

  • Liberal MPs who oppose a conscience vote within the Liberal Party
  • National MPs who oppose a conscience vote within the National Party
  • Liberal MPs who would like the issue of a conscience vote to be considered by the joint party room, rather than the Liberal Party room alone, because it would stand a better chance of defeat
  • Coalition MPs who have argued that Australia should only recognise LGBTI relationships through civil unions rather than marriage, and
  • Coalition MPs who have advocated the holding of a referendum or plebiscite rather than allowing the matter to be decided by the Parliament.

We have even had the Leader of the Government in the Senate, Liberal Senator Eric Abetz, suggest that frontbenchers that support marriage equality should resign their Cabinet position if they wanted to advocate on this issue. As quoted in the Australian Financial Review:

“There is very strong support in favour of maintaining the definition of marriages as it is in the marriage act… If you can’t support party policy, like I did with emissions trading, you do the honourable thing and I resigned from the front bench.”[4]

Not to forget the ‘stellar’ contribution of Agriculture Minister, Deputy Leader of the National Party (and future Deputy Prime Minister) Barnaby Joyce’s implication that marriage equality should be resisted because it might damage our cattle and beef exports to South East Asia (a suggestion so embarrassing to Australia it has been reported on around the world)[5].

Perhaps most worrying of all was the reaction of the Prime Minister’s office to the news earlier this month that a cross-party working group had in fact drafted a Marriage Equality Bill, with the aim of consideration by the Liberal Party room, and hopefully the Parliament, in August.

Abbott’s office released the following statement:
“Any member can introduce a private member’s bill into the parliament but they do not come before the joint party room for discussion unless they will be voted on in the parliament.

“It is rare for a private member’s bill to be voted on and any bill would be subject to the usual process. The prime minister’s position remains the same as it has always been and he supports the current policy that marriage is between a man and a woman. The government’s priority is strong economic management and keeping Australians safe.”[6]

There are (at least) three issues of particular concern with this statement:

  1. The reference to the joint party room (rather than Liberal Party room), making a conscience vote less likely to succeed
  2. The reference to parliamentary procedure, hinting that debate on any private member’s Marriage Equality Bill could be blocked by the Selection of Bills Committee (which is dominated by Liberal and National Party MPs who are themselves opposed to LGBTI equality), and
  3. The reference to other priorities (including the economy and national security), indicating that the Prime Minister could oppose the Bill progressing because it would somehow detract from these issues.

All in all, it would be heroic to assume there will inevitably be a conscience vote within the Liberal Party on this issue – and there is indisputably a very real risk that they reject a free vote, with that risk existing irrespective of whatever position the Labor Party adopts at its National Conference later this month.

That’s right – despite some people arguing that the Australian Labor Party should not adopt a binding vote because such a move will automatically prevent the Liberals from adopting a conscience vote, it is unlikely that Labor’s position will be the sole, or even decisive, factor.

A number of Liberal MPs have shown, quite comprehensively, over the past two months that they have their own reasons for opposing a conscience vote, and these reasons exist regardless of what delegates to ALP National Conference choose to do.

And that is entirely logical – after all, if the ALP’s position was so persuasive across the political aisle as to be almost irresistible (as some apparently believe it to be), the Liberals would have adopted a conscience vote on marriage equality at some point in the more than three and a half years Labor has already had one.

Of course, that does not mean that, should the Labor Party adopt a binding vote on marriage equality, and the Liberals subsequently choose to reject a conscience vote, the Liberal Party, and its few remaining moderate MPs, will not try to blame the ALP for this outcome[7].

In fact, that would be the most predictable development in this entire debate – the Party blocking reform would point the finger at anyone, and everyone, but itself in an effort to deflect responsibility for its own actions. It is not even a ‘risk’, but a guarantee.

But that is a political debate, and surely one the Australian Labor Party should be willing to take on.

If, come August, the ALP supports marriage equality with a binding vote, something which is both the right thing to do, and a position which is supported by between two thirds and three quarters of the population, and the Liberal and National Parties, who form the majority of the House of Representatives, oppose marriage equality with their own binding vote, then Labor MPs must be able to apportion blame squarely where it belongs – on Tony Abbott and his colleagues.

And, putting it frankly, if they can’t win that particular political argument, with almost everything stacked in their favour, then perhaps we should sack the entire Federal Parliamentary Labor Party and start again.

We should also acknowledge that there are real and serious risks for the Labor Party in the opposite direction – that choosing to continue with a conscience vote at the National Conference in July brings with it its own dangers.

First, even if the ALP maintains a conscience vote in the hope of enticing the Liberal Party into adopting one, for the reasons outlined above, Liberal (or Coalition) MPs could still refuse, thus rendering marriage equality unachievable this term.

Not only will that leave Labor looking somewhat silly, but, given they will be unable to change their rules until the next National Conference (due in 2018), for the remainder of this term Labor will be left in a position where it too is vulnerable on this issue, because it doesn’t support marriage equality 100%.

Second, even if the ALP maintains a conscience vote, and the Liberal Party adopts one, marriage equality could still fall a handful of votes short when it is considered later in 2015 (or early in 2016).

In these circumstances, it is almost inevitable that people will look to where else those ‘missing’ votes could have come from – and at least some fingers will point in the direction of Labor’s failure to adopt a binding vote.

Indeed, this is something that Katherine Murphy of the Guardian Australia has already written about:

“I’m not quite sure what the panic is, because whether or not same-sex marriage becomes law in this country is 95% in the hands of the Abbott government, and the prime minister is not a supporter of marriage equality.

I say 95% because if the vote in the House of Representatives is as close as I suspect it is, Labor binding its MPs to vote yes to marriage equality could be the extra element to get the proposal over the line. If same-sex marriage eventually comes to a vote, and that vote falls just short, do remember that fact. Bill Shorten has plumped his credentials on this topic, but he’s also effectively killed off a binding vote for Labor on gay marriage” (emphasis added)[8].

Third, failing to adopt a binding vote could seriously harm a new Labor Government should it win the 2016 Federal election. Here’s how:

Marriage equality is defeated this year (either because a conscience vote on both sides falls short, or because the Liberal Party continues to bind against). Possible.

Labor is elected at the 2016 Federal election with a narrow majority (or relying on cross bench support). Possible.

The number of ALP MPs who would exercise any conscience vote against the full equality of lesbian, gay, bisexual, transgender and intersex Australians exceeds the size of their overall parliamentary majority. Possible.

The Liberal-National Opposition, now led by Scott Morrison, retreats – even further, if that’s possible – into ‘conservatism’ after losing Government, and binds (or continues to bind) against marriage equality. Possible – and thoroughly terrifying.

And marriage equality is consequently defeated, at least until the 2018 ALP National Conference, which is the next opportunity to change the Party’s rules.

While the above sequence of events is admittedly not the most likely to occur, it is by no means beyond the realms of possibility – and its impact would be devastating.

Because newly-elected Prime Minister Bill Shorten, who personally supported marriage equality so much he moved his own Marriage Equality Bill, and consistently criticised Prime Minister Tony Abbott for refusing to support it, and leading a political party which supports marriage equality in its platform, and being elected to Government with the good will of the population (at least on this issue), would still be unable to deliver this important social reform.

This would make both Prime Minister Shorten, and the Party that he leads, look completely ineffectual – thus frustrating the hell out of the electorate, who would have every right to expect that a new Labor Government would be able to deliver a reform that is, in 2015, already years overdue.

The best way, indeed the only way, to ensure that a newly-elected ALP Government would be able to deliver marriage equality in 2016 is for it to adopt a binding vote at its 2015 National Conference.

Obviously, most of the above discussion is about politics – both small ‘p’, and capital ‘P’ – about internal divisions in the Liberal Party, and what they might do on this issue in coming months, about hypotheticals, and strategy, and about the political risks, on both sides of this debate, for the Australian Labor Party.

This is not to suggest these considerations are what should ultimately guide the delegates in Melbourne on Sunday 26 July when they decide whether to adopt a binding vote – indeed far from it (as I will explain below).

However, it is necessary to discuss these issues in some depth because anyone who asserts that the current ‘politics’ of marriage equality are straightforward – that the ALP must retain its conscience vote so the Liberal Party adopts their own, leading to marriage equality being passed in the second half of 2015 – is wrong.

Even if the Labor Party keeps their conscience vote, there is absolutely no guarantee that the Liberal Party introduces their own. And even if Tony Abbott does grant (or at least accept) a ‘free vote’ inside his Party, it doesn’t necessarily follow that marriage equality will be passed this term.

There is real uncertainty about what happens next – and, as I have detailed above, there are real dangers for the Labor Party in retaining a conscience vote, and hoping (or wishing) that the Liberal Party ‘plays ball’.

In this context, where there is both genuine doubt, and genuine risk, no matter what position the ALP takes, I would argue that delegates should decide the issue on its merits: Is a binding vote in favour of marriage equality the principled position for the Australian Labor Party to adopt?

And the answer to that question must be an unequivocal “YES”.[9]

As a political party based on solidarity and collective action, there are no legitimate arguments to say that the issue of marriage equality is so special, so exceptional, that the ordinary process of ‘binding’ on policy positions should not apply here too.

Indeed, for more than two thirds of the time this issue has been voted on in Federal Parliament, the Australian Labor Party has adopted a binding vote on marriage equality – from August 2004 to December 2011, it bound its MPs and Senators to vote against.

Now that the Labor Party has a platform position in favour of removing discrimination against lesbian, gay, bisexual, transgender and intersex Australians from the Marriage Act, it is inappropriate, almost offensive, to turn around and say that its removal should be deemed ‘optional’.

As Deputy Leader Tanya Plibersek put it so eloquently, when asked about this issue in April, the choice is in fact remarkably clear:

“Do we support legal discrimination against one group in this country? Or do we not?”[10]

And that is the decision that confronts delegates to ALP National Conference in ten days’ time. Not considering the hypothetical: “If we do this, Abbott might do that, and then something else might happen.”

But asking the practical question: “If we support marriage equality, if we genuinely believe that lesbian, gay, bisexual, transgender and intersex Australians should be treated equally under the law, then why should some ALP MPs and Senators be allowed to continue to vote against the rights of their fellow citizens solely on the basis of their sexual orientation, gender identity or intersex status?”

The answer is, obviously, that they should not. And I still hope that is the conclusion that the majority of National Conference delegates reach on Sunday 26 July.

Protesters outside the 2011 ALP National Conference, calling for Labor to support marriage equality, and adopt a binding vote. Only the first half was achieved - in 2015, it's time to finish the job.

Protesters outside the 2011 ALP National Conference in Sydney, calling for Labor to support marriage equality, and to do so through a binding vote. Only the first half was achieved – in 2015, it’s time to finish the job.

PS If you support a binding vote, and are in Melbourne during ALP National Conference, please consider coming along to the rally outside the Melbourne Convention and Exhibition Centre, from 1pm on Saturday July 25. Full details here: <https://www.facebook.com/events/343248609218667/ #ItsTimeToBind

[1] “Hey Australian Labor, It’s Time to Bind on Marriage Equality” https://alastairlawrie.net/2014/07/13/hey-australian-labor-its-time-to-bind-on-marriage-equality/ ; “4 more arguments against an ALP binding vote on marriage equality, and why they’re wrong too” https://alastairlawrie.net/2015/04/16/4-more-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong-too/

[2] From Sydney Morning Herald, “Same-sex marriage vote should be owned by the Parliament: Tony Abbott” http://www.smh.com.au/federal-politics/political-news/samesex-marriage-vote-should-be-owned-by-the-parliament-tony-abbott-20150527-ghaohc.html

[3] From the webpage “Abbott’s Wreckage” http://sallymcmanus.net/abbotts-wreckage/

[4] “Gay Marriage Causes Coalition Civil War”, 2 July 2015: http://www.afr.com/news/politics/gay-marriage-causes-coalition-civil-war-20150702-gi33uh

[5] From The Independent (UK): http://www.independent.co.uk/news/people/australian-minister-barnaby-joyce-claims-legalising-samesex-marriage-could-damage-cattle-trading-with-asia-10369540.html and Time: http://time.com/3947537/australia-barnaby-joyce-cattle-gay-same-sex-marriage/

[6] As reported in the Guardian Australia, “Tony Abbott digs in to frustrate any possibility of same-sex marriage vote” 2 July 2015: http://www.theguardian.com/australia-news/2015/jul/02/tony-abbott-digs-in-to-frustrate-any-posibillity-of-same-sex-marriage-vote

[7] Indeed, gay Liberal Senator Dean Smith has already attempted to make this argument, when Tanya Plibersek was publicly advocating a binding vote in April: http://www.smh.com.au/national/gay-liberal-senator-dean-smith-slams-tanya-plibersek-over-gay-marriage-move-20150427-1mu99l.html

[8] “Tony Abbott digs in to frustrate any possibility of same-sex marriage vote” 2 July 2015: http://www.theguardian.com/australia-news/2015/jul/02/tony-abbott-digs-in-to-frustrate-any-posibillity-of-same-sex-marriage-vote

[9] Regular readers of this blog know there are large number of reasons why I believe Labor should bind. This post will only cover a few – if you would like to read more, you should start with “Hey Australian Labor, It’s Time to Bind on Marriage Equality”: https://alastairlawrie.net/2014/07/13/hey-australian-labor-its-time-to-bind-on-marriage-equality/

[10] Sydney Morning Herald, “Plibersek push to make Labor MPs vote for same-sex marriage”, 27 April 2015: http://www.smh.com.au/federal-politics/political-news/plibersek-push-to-make-labor-mps-vote-for-samesex-marriage-20150427-1mteon.html