Letter to Ministers re National Health & Physical Education Curriculum

So, you may recall that I lodged a submission with the Australian Curriculum, Assessment and Reporting Authority (ACARA) regarding the draft national Health and Physical Education (HPE) Curriculum which they released for public comment in December 2012 (see my post in April 2013 for a copy of my submission).

Well, the draft HPE curriculum is now being considered in detail between different state and territory Governments, and the Commonwealth Government, before its expected agreement in the second half of this year.

It is unclear what, if any, changes have been made to the curriculum as a result of the consultation process. Given the importance of the issue, today I wrote to the Commonwealth Minister for School Education, the Hon Peter Garrett MP, and his NSW counterpart, the Hon Adrian Piccoli, expressing my concerns about the draft. And, because of the potential impact on LGBTI health, I copied in the Commonwealth Health Minister, the Hon Tanya Plibersek MP, and the NSW Health Minister, the Hon Jillian Skinner, to these letters.

It is still my hope that someone, somewhere, will finally realise that it is completely inappropriate and detrimental to adopt a Health and Physical Education Curriculum that does not specifically mention lesbian, gay, bisexual, transgender or intersex (LGBTI) people, and does not even explicitly include HIV.

Anyway, here is a copy of my letter to Minister Garrett:

Dear Minister Garrett

NATIONAL HEALTH AND PHYSICAL EDUCATION CURRICULUM

I am writing to you to express my significant concerns about the draft national Health & Physical Education (HPE) curriculum.

The draft curriculum that was released for public consultation by the Australian Curriculum, Assessment and Reporting Authority (ACARA) in December 2012 fails to appropriately include lesbian, gay, bisexual, transgender and intersex (LGBTI) students, and does not guarantee that content relevant to their needs is provided in every classroom.

I have already lodged a submission to ACARA through their public consultation process. However, I would like to bring these issues directly to your attention because the consequences of excluding these students, and ignoring their educational requirements, are so severe.

I have also copied the Health Minister, the Hon Tanya Plibersek MP, into this correspondence, because many of these consequences will impact on the health of the LGBTI community. These impacts could include increased transmission of HIV and other STIs, as well as the continuing high, and disproportionate, rate of youth suicide among LGBTI people.

As you can see from my submission to ACARA, I have a range of criticisms of the draft curriculum. However, the three major issues which I would like to see addressed are:

1.       The national HPE curriculum must explicitly include LGBTI students and their concerns.

The draft HPE curriculum released by ACARA does not include any references to sexual orientation, homosexuality, gay, lesbian, bisexual, transgender or intersex. This is a gross oversight, and has the potential effect of making these students, and their needs, invisible.

There is a token effort to address this issue on page 18 of the draft, where it acknowledges that same sex attracted and gender diverse students exist in all schools. However, it does not back this acknowledgement up with any concrete action – instead, the draft curriculum notes that “it is expected that opportunities will be taken when implementing the [curriculum] to ensure teaching is inclusive and relevant to their lived experiences.”

This “expectation” does not actually guarantee anything. There are no explicit references to LGBT or I students in any of the band descriptions for years which follow from page 26. It is also difficult to see how any teaching can be “inclusive and relevant” when the curriculum does not even use the terms which most people from the LGBTI community use to describe themselves.

Unfortunately, adopting a national HPE curriculum which does not explicitly refer to LGBTI students or address their particular needs will only compound the feelings of isolation, and the discrimination, which many of these students experience, rather than cater to the health and physical education needs of all students, not just cisgender heterosexual ones.

2.       The national HPE curriculum must provide inclusive sexual health education.

Another key failing of the draft national HPE curriculum is that the ‘sex ed’ which it includes is both narrow in scope and limited in detail.

The primary reference to this essential area of health and physical education is on page 59 where it states students will be taught “investigating practices that support reproductive health and wellbeing”. And that is the extent of the content.

There are two major problems with this approach. First, “reproductive health and wellbeing” is an exclusionary terms, that primarily focuses on sexual health practices and issues for cisgender heterosexual students. It implicitly excludes same-sex sexual activity and other practices which do not relate to reproduction (and in fact omits many opposite-sex sexual activities). It would be far preferable to use the term “sexual health” which would include a much wider range of sexual activities and issues.

The second major problem is that one sentence is insufficient to cover the range of issues which need to be taught as part of sexual health. There should be significantly more detail in this area, including a guarantee that all students learn ‘safe sex’ messages, learn about condoms, basically that all students learn about ways to reduce STI transmission.

3.       The national HPE curriculum must include explicit reference to HIV.

On the subject of STIs, I find it astonishing that the draft national HPE curriculum does not include even a single reference to HIV.

As a gay man who came of age in the 1990s, I think that this is irresponsible, and fails to undertake the most basic requirement of a ‘health and physical education’ curriculum – namely, to provide education on how students can stay safe and protect their own personal health.

Yes, the consequences of a diagnosis have (thankfully) reduced because of improvements of treatment over the past 20 years. Yes, for many people HIV is now a chronic manageable condition rather than a ‘death sentence’.

However, many people, including young people, are still contracting HIV. And some people are still dying with HIV/AIDS at least a contributing factor.

Surely, in a document of more than 80 pages, there is room to incorporate basic information regarding HIV, and the main ways to prevent its transmission?

The NSW PDHPE curriculum finds room to reference HIV in both the K-6 syllabus, and the 7-10 syllabus. I expect that other states and territories would have similar components. At the very least, any national HPE curriculum must do the same.

As I indicated before, I think that the draft of the HPE curriculum released by ACARA in December 2012 fails in its important duty to provide education for the benefit of all students, including lesbian, gay, bisexual, transgender and intersex students.

I hope that you and the Federal Government share these concerns and can help address the issues raised in this letter during the inter-governmental consultation on the final version of the HPE curriculum.

Should you have any questions about this letter, or my attached submission, please do not hesitate to contact me.

Thank you in advance for considering this correspondence.

Sex Discrimination Amendment Bill 2013 – The Final Countdown

There are now only two sitting weeks left before the upcoming federal election. Which means there are only 8 days during which Parliament can pass the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013, historic legislation which would finally provide federal anti-discrimination protections to Australia’s lesbian, gay, bisexual, transgender and intersex community.

It goes without saying that this could go down to the wire. Which is why I sent the email posted below to all cross-bench MPs, as well as key figures in the Opposition and Greens (and a slightly re-worded version to the Government). I don’t think that we, as members of the LGBTI community, should ‘die wondering’ about this Bill. So, I would encourage you to consider sending you own emails to these parliamentarians, to help get the Sex Discrimination Amendment Bill 2013 over the line.

To help you on your way, I have included the email addresses of a range of relevant MPs at the end of this post. And please feel free to ‘borrow’ any and all of the following:

I am writing to you regarding the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.

In particular, I am requesting that you:

  • Please support the Government’s proposed amendments which exclude the operation of religious exceptions in the area of aged care service provision; and
  • Please support the passage of the amended Sex Discrimination Amendment Bill 2013 in the final two sitting weeks of this Parliamentary term.

This Bill is a significant reform that will benefit the lesbian, gay, bisexual, transgender and intersex (LGBTI) citizens of Australia, because, if passed, it will be the first term LGBTI people will enjoy anti-discrimination protections under federal law.

It is historic because it will be the first time any federal anti-discrimination law, anywhere in the world, explicitly covers intersex people. And the Sex Discrimination Amendment Bill 2013 will also help to protect more people than some state and territory schemes – for example, the NSW Anti-Discrimination Act 1977 does not currently apply to bisexual or intersex people, both groups that are protected under this proposed law.

Unfortunately, the Bill as drafted will ensure that religious organisations are provided with wide-ranging exceptions from otherwise lawful obligations not to discriminate against lesbian, gay, bisexual and transgender people. This will allow religious organisations to continue to discriminate on the basis of sexual orientation and gender identity in employment and service provision, which will operate to undermine the scope and effectiveness of these anti-discrimination provisions. In principle, I do not support the operation of any religious exceptions outside the appointment of religious officials, membership of religious organisations and celebration of religious ceremonies.

However, I understand that LGBTI anti-discrimination legislation which did not contain any religious exceptions would be unlikely to pass the current Parliament. What is possible is for the Sex Discrimination Amendment Bill 2013 to be passed with amendments proposed by the Government that exclude the operation of religious exceptions in the area of aged care provision.

I strongly support the removal of religious exceptions in these circumstances. Older lesbian, gay, bisexual and transgender people should not be subjected to discrimination on the basis of sexual orientation or gender identity when they are accessing aged care services. This is particularly important when you consider that for many people, aged care facilities will be their home for long periods of their life – nobody deserves to be lawfully discriminated against in their home.

Above all, I see this as the very least which should be done for older lesbian, gay, bisexual and transgender Australians. These are people who grew up when homosexuality was still a criminal offence, who had to fight simply for the right to be who they are, who lost partners and friends through the devastation caused by HIV/AIDS, particularly in the 1980s and 1990s. These are people who deserve our respect, not the operation of provisions which could force them back into ‘the closet’ because of the fear of being discriminated against.

It is my sincere hope that all Parliamentarians will vote in favour of the Government’s amendments to exclude the operation of religious exceptions in the area of aged care services.

It is also my sincere hope that all Parliamentarians will unite and work together to ensure that the Sex Discrimination Amendment Bill 2013 is passed, as amended, in the final two sitting weeks of this Parliamentary term.

With Parliament rising on 27 June, there is only limited time to ensure this legislation is passed. Please help ensure that the Bill receives sufficient priority, through both Chambers, that it will finally be made law before the upcoming federal election.

I believe that the lesbian, gay, bisexual, transgender and intersex citizens of Australia, like myself, have waited long enough to be protected under federal anti-discrimination laws. I hope that you agree.

Attorney-General, The Hon Mark Dreyfus QC MP Mark.Dreyfus.MP@aph.gov.au

Mental Health and Ageing Minister, The Hon Mark Butler MP Mark.Butler.MP@aph.gov.au

Leader of the Opposition, the Hon Tony Abbott MP Tony.Abbott.MP@aph.gov.au

Shadow Attorney-General, Senator George Brandis senator.brandis@aph.gov.au

Greens Spokesperson for Attorney-General, Senator Penny Wright senator.wright@aph.gov.au

Greens Spokesperson for LGBTI issues, Senator Sarah Hanson-Young senator.hanson-young@aph.gov.au

Member for Kennedy, the Hon Bob Katter MP Bob.Katter.MP@aph.gov.au

Member for Fisher, the Hon Peter Slipper MP Peter.Slipper@aph.gov.au

Member for Dobell, Mr Craig Thomson MP Craig.Thomson.MP@aph.gov.au

Member for Lyne, Mr Rob Oakeshott MP Robert.Oakeshott.MP@aph.gov.au

Member for New England, Mr Tony Windsor MP Tony.Windsor.MP@aph.gov.au

Member for Denison, Mr Andrew Wilkie MP Andrew.Wilkie.MP@aph.gov.au

Member for O’Connor, Mr Tony Crook MP Tony.Crook.MP@aph.gov.au

Member for Melbourne, Mr Adam Bandt MP Adam.Bandt.MP@aph.gov.au

Senator for South Australia, Senator Nick Xenophon senator.xenophon@aph.gov.au

Senator for Victoria, Senator John Madigan senator.madigan@aph.gov.au

5 Quick Thoughts on the 2013 GLORIAs

On Wednesday night (May 8), Steve and I attended this year’s GLORIAs Awards at NSW Parliament House. The GLORIAs literally stand for the Gay & Lesbian Outrageous, Ridiculous and Ignorant comments Awards, and are an opportunity for the LGBTI community to get one back on the bigots who say offensive things about us throughout the year, but to do so in a humorous way. The winners of this year’s awards are reproduced at the end of this post. But before we get to that that I thought I might share my five quick observations about the GLORIAs.

1. I think that this is a great event. NSW Upper House Labor MP, Penny Sharpe – who is also one of Australia’s small (but slowly growing) number of out parliamentarians – ‘borrowed’ the idea from the already established Ernies, which themselves ‘celebrate’ sexist and misogynist public comments. It makes for a fun night for those who attend, while also reinforcing the serious point that homophobia, bi-phobia, trans-phobia and anti-intersex prejudice remain ongoing issues, requiring our continuing attention. This is especially important to remember when so much effort can go into legal reforms, like marriage equality, which won’t in and of themselves permanently remove the blight of discrimination from our society.

2. David Marr really is a very funny host. His dry wit certainly adds to the occasion, as does the relish which he brings to announcing the well-deserving recipients of each award. This year, I nominated the winner in one of the categories – Andrew Bolt for his absolutely ridiculous comments about marriage equality (which leads me to wonder what he thinks about his lesbian sister’s own marriage?). Somehow I suspect David took a fair bit of delight in reading that one out. I also had the chance to have a chat with David during the evening – he seems raring to go for the Guardian Australia as they launch ahead of this year’s Federal Election.

3. The courage of Ian Roberts in coming out while at the height of his rugby league career, back in 1995, should not be under-estimated. Ian Roberts was, maybe surprisingly, at this year’s GLORIAs, and this was the first time I had ever had the opportunity to meet him. We chatted about Jason Collins and the impact which his recent coming out will have on other players in the NBA, and indeed other major US codes. Hopefully Collins’ announcement will inspire other people to follow in his footsteps – but then again, that is something many people said after Roberts’ came out EIGHTEEN whole years ago (and no other male Australian football player has done so since). The fact that he did that way back then deserves nothing but respect. [I was also a little bit of a ‘fanboy’ and let him know that him coming out meant a lot to this particular writer, especially given I was a 17 year old closeted student at a religious boarding school at the time – but I don’t think that sentiment would be uncommon amongst gay guys who grew up in Australia in the 1990s.]

4. Duncan Gay has good media advisers. After winning this year’s Golden GLORIA, for the completely unjustifiable decision to rip up the Rainbow Crossing at Taylor Square earlier this year, the Roads Minister mitigated the damage somewhat by coming down from his Ministerial offices to collect the award in person. This led to him receiving a certain level of begrudging respect from some people in the crowd (for being able to face those who had given him the gong), as well as some not unfavourable media coverage afterwards http://www.starobserver.com.au/news/local-news/new-south-wales-news/2013/05/09/glorias-get-gay/103590 . All in all, it was very well-handled by the ironically-named Minister.

5. Tim Campbell, on the other hand, needs some media advice. In ‘defending the honour’ of his partner, Anthony Callea, who won the Silliest comment from someone within the LGBTI community award, Tim took to twitter to make some comments about the ‘sensational’ and ‘biased’ article from which the quotes came. What wasn’t disputed was that the quotes were actually made in the first place. [The relevant tweets: So @TheGLORIAs read a sensational and biased article and decided they can define Callea’s integrity. A shameful and pathetic game you play. Anthony does more to further GLBTI issues in the wider community than your narrow minded group will ever do. @TheGLORIAs]. There was also a now-apparently-deleted tweet direct to Penny Sharpe on the topic. What Tim should have realised is that, in these situations, it is best to ignore and move on, rather than taking umbrage and potentially making a bigger issue out of something that it would otherwise have been. I might be forgetting a lot about what I learnt in politics, but that lesson will stay with me for a long time [PS I am not disputing the content of Tim’s tweets – Anthony may well do a lot for the LGBTI community – just that with something like this, it is always best to be the bigger person.]

And so here they are, the ‘winners’ for 2013…

Golden GLORIA: Duncan Gay, the NSW Roads Minister, won this year’s golden gong for tearing up the Rainbow Crossing at Taylor Square. As is tradition, this was decided by a ‘boo-off’ by attendees at this year’s event.

Category Winners:
Politics / Law

Tess Corbett, Katter’s Australia Party Candidate who said in interview with The Hamilton Spectator that considered gay people to be in the same category as paedophiles: “Paedophiles will be next in line to be recognised in the same way as gays and lesbians and get rights,” she said.

International
John Sullivan, a councillor candidate for the United Kingdom Independence Party (UKIP) for a series of Facebook posts that said gay activists were like termites; claimed homosexuality could be prevented by regular exercise in schools; congratulated Russia for banning gay pride; and said that although feminism was evil, being gay was even worse.

Media
Andrew Bolt: “But same-sex activists don’t want marriage equality — because they already have it. A gay man is as free as a straight man to marry a woman. A lesbian is as free as any other woman to marry a man. That’s equality…. And if we are to change what marriage means, we have a duty to consider not just the good such a huge change to such a critical social bond could bring, but the evil, too.”

Religion
Southern Baptist Convention President Rev. Fred Luter thinks that support of same-sex marriage and gay rights could be linked to North Korea’s most recent threats against the United States: “I’m not that strong in prophecy but I would not be surprised that there’s not a connection there simply because of the fact we’ve seen it happen in scripture before. I would not be surprised that at the time when we are debating same-sex marriage, at a time when we are debating whether or not we should have gays leading the Boy Scout movement, I don’t think it’s just a coincidence that we have a mad man in Asia who is saying some of the things that he’s saying.”

Sport
Former Major League Baseball player Mark Knudson writing about gay players in team sports: “No one has said that gays should not be allowed to play in the NFL. What has been said is that having a gay teammate would make some players uncomfortable… Nothing that infringes on the cohesiveness of the locker room can be tolerated. If a player who is not an irreplaceable superstar becomes any sort of distraction, he’s going to get released… That’s why it remains the best option for any homosexual athlete in a team sport to keep his orientation private. He’s doing what’s best for himself by doing what’s best for the team.”

Silliest GLBTI comment from within the GLBTI community
Anthony Callea says he’s not interested in activism “I have a great relationship, I live in normal house, I have a dog, I live a normal lifestyle, it’s just part of who I am – it’s not who I am. My friends and family don’t treat us like that either. I think if you make something an issue, then it becomes an issue [in] society.”

The organiser of the GLORIAs, Penny Sharpe, and my beautiful fiance.

The organiser of the GLORIAs, Penny Sharpe, and my beautiful fiance.

Sex Discrimination Amendment (LGBTI) Bill Senate Inquiry Submission

Another week, another submission, this time to the Senate Legal & Constitutional Affairs Committee Inquiry into the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.

Now that the Government has ‘deferred’ the Human Rights and Anti-Discrimination Bill/consolidation reforms, this Bill is the vehicle it has chosen to progress federal anti-discrimination protections for the lesbian, gay, bisexual, transgendernand intersex (LGBTI) community.

It is by no means a perfect Bill – at the very least it should incorporate the Government’s own policy of removing religious exceptions for people accessing aged care services. At best, it should remove all religious exceptions outside of the appointment of ministers of religion and religious ceremonies.

Nevertheless, this Bill, if passed, would be a significant step forward in terms of LGBTI law reform. If you have a chance to write your own submission before this Friday (26 April), I strongly encourage you to do so. Details here: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=legcon_ctte/sex_discrim_sexual_orientation/info.htm

NB I have also not included the appendix to this submission, because it is simply the discussion about religious exceptions from my submission on the HRAD Bill last year.

Senate Legal and Constitutional Affairs Committee

Inquiry into Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013

Submission by Alastair Lawrie

I am writing this submission to make three main recommendations:

i)                    That the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013, which introduces federal anti-discrimination protections for lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians for the first time, should be supported.

ii)                   That the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 should be passed as a matter of priority by the Commonwealth Parliament; and

iii)                 That the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 should be amended to remove all religious exceptions which would otherwise allow discrimination against LGBTI Australians, outside of appointments of religious office-holders (such as priests) and religious ceremonies.

I was born in 1978. That is three years after the passage of the Racial Discrimination Act 1975. In the year I turned 6, the Commonwealth Parliament supported the Sex Discrimination Act 1984. The Disability Discrimination Act was passed in 1992, about three years before I first came out as gay at age 17. Even the most recent stand-alone Commonwealth anti-discrimination law, the Age Discrimination Act 2002, has already been in operation for more than a decade.

In 2013, I am 34 years old, and I have still never enjoyed the protection of federal anti-discrimination laws on the basis of my sexual orientation. Discrimination on the basis of race has been prohibited for my entire life, and on the basis of sex for almost as long. But up until now, successive Governments have not seen fit to legislate to prohibit discrimination on the basis of sexual orientation, gender identity and intersex status.

Which means that the reforms contained in the Labor Government’s Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 are both incredibly welcome, and long overdue. Lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians deserve the right to be employed, to access services, indeed to simply go about their everyday lives, without the threat of being discriminated against on these grounds.

If and when this Bill is eventually passed, it will be another key milestone on the long journey towards full equality for our LGBTI citizens. Which is why my first recommendation is that this legislation should be supported.

My second recommendation is that the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 should be passed by the Commonwealth Parliament as a matter of priority.

There are now only five Parliamentary sitting weeks left before the end of this term, ahead of the federal election which is currently expected to be held on September 14th. Having waited so long – decades, in fact – it would be a devastating blow to the LGBTI community were this legislation to be delayed yet again because the current Parliament simply ran out of time.

The future is always unknowable: it may be that, should these reforms not be passed now, a new Parliament or even Government introduces similar legislation later this year, or early next year. That would obviously be a welcome development. But it may also be that, after the upcoming election, LGBTI anti-discrimination reforms are delayed for several more years.

The current Bill fulfils the general objective of signalling that discrimination on the basis of sexual orientation, gender identity and intersex status is no longer tolerated, by society and by the Parliament. It is already drafted, and (leaving aside the amendments suggested in my third recommendation) it is ready to go.

That is why all serving Parliamentarians, from all political parties and independents, should pass the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 as soon as possible.

My third and final recommendation is that the Bill should be amended to ensure that religious exceptions from LGBTI-anti-discrimination requirements are narrowly drafted, only covering religious appointments, such as priests, and religious ceremonies.

The justification for this position involves my personal experience. Like many, indeed probably most, LGBTI Australians I have been discriminated against in a wide variety of different situations. I have been abused on the street, and threatened with violence, simply for holding my boyfriend’s hand. I have received sub-standard treatment from different service-providers simply because of my sexual orientation, or at least because of their perceptions of me.

I have likely been discriminated against in terms of employment, because I have always been upfront about who I am, including through my job applications. But I will probably never know for sure, because discrimination like homophobia is insidious, and its victims can never know all of the different ways in which they are mistreated.

But by far the activity in which I have been discriminated against the most was the education I received during the five years that I attended a religious boarding school. There was, from memory, a school rule against homosexuality, I was bullied on the basis of my (perceived) sexual orientation and this was effectively condoned by the school which was aware of it but failed to take any action, the sex education that was provided completely ignored homosexuality (including omitting essential safe sex/HIV-prevention messages), and I had a pastor intimate that killing yourself because you were gay was not the worst possible outcome.

It distresses me to think that, if religious organisations are granted wide-ranging exceptions under anti-discrimination laws, they will lawfully be able to (mis)treat future students in this way.

No student should be subject to prejudice, from their schools as well as from other students, because of their sexual orientation, gender identity or intersex status. No teacher should have to fear for their job simply because of who they are, or who they are attracted to.

This principle extends far and wide across a range of different activities. Patients receiving hospital and other health or community services should not have to consider whether disclosing their identity will compromise the standard of care they receive. LGBTI doctors, nurses and other employees in the health and community sector should be able to be confident in talking about who they are without fearing possible repercussions.

This principle obviously also includes aged care services. And I welcome the Labor Government’s commitment that they will legislate to protect people accessing aged care services from discrimination on the basis of sexual orientation, gender identity and intersex status.

However, I question why these protections are not included in the current Bill – the drafting of such provisions is not overly complicated, and I would like to believe that no Parliamentarian could argue, or vote, against such a basic proposition.

I also question why such protections should not equally apply to the employees of aged care services. If we are going to have truly inclusive aged care services, then neither the service recipients nor the employees should be subject to discrimination simply because they are LGBTI.

But, for the reasons outlined above, I do not believe that even ‘carving out’ the aged care sector from the operation of religious exceptions goes far enough. There is no justification for allowing religious organisations to discriminate against service recipients or employees in any activity which is carried on in the public sphere. For further discussion of this, please see Appendix A, which I provided to the Senate Inquiry into the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012 in December last year on this very topic.

In conclusion, I would like to thank the Committee for the opportunity to comment on the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013. As I have indicated, I think this Bill could be significantly improved by limiting the operation of religious exceptions which undermine protections that would otherwise cover LGBTI Australians.

However, even if these exceptions are not removed by the current Bill, the fact that some LGBTI anti-discrimination protections will finally be enacted federally is sufficient justification to recommend both that the Commonwealth Parliament support the Bill, and that it be passed as a matter of priority. The Australian LGBTI community has waited long enough for these reforms. It’s time to just get it done.

George Brandis, Tony Abbott, Marriage Equality & CNIs

Marriage Equality Red Background Rings

This week saw the passage of marriage equality in Uruguay, and then New Zealand. Next week will witness France adopt marriage equality legislation. These are the 12th, 13th and 14th countries around the world to have done so.

This spate of activity has provided renewed focus on the issue of marriage equality within Australia. In particular, it has prompted more people to scrutinise the position of Tony Abbott and the Liberal-National Opposition, because they will almost inevitably form Government after the election on September 14th.

Some people have pointed to Tony Abbott’s recent comments to say that he is softening his stance of marriage equality. Specifically, he has said that the matter will be debated inside the Coalition party-room after the election, with the possibility that they may adopt a conscience vote on the matter.

I disagree that this is necessarily a positive development. Instead, I think Abbott’s position is a complete cop-out. It avoids legitimate scrutiny in the lead-up to the poll, leaving voters unclear exactly what he, and his Government, will do once in office.

It also means that people and groups who oppose marriage equality can exert their homophobic influence behind closed doors to ensure that there is no progress. No doubt bigots like the Australian Christian Lobby will be there, actively lobbying in secret, with their decidely un-christian views.

The potential outcomes of this ‘evasive manoeuvre’ by Abbott include that the Coalition’s policy does not change, and that there is therefore no conscience vote next term. We could also end up with civil unions, a so-called compromise which basically nobody wants, but which seems to be favoured by people like Warren Entsch, who has traditionally been one of the more progressive Liberal MPs.

In fact, civil unions seem to me like the most likely outcome of an incoming Liberal-National Government. I genuinely can’t see marriage equality happening under someone as fundamentally conservative as one T Abbott, and that is why I fear we may still be three terms away from Australia-wide reform. Imagine how many countries we will have fallen behind by then?

But, there is one scenario in which we could even go backwards in terms of marriage equality in Australia. I know, that doesn’t seem possible, but there is actually one marriage reform which has been implemented by the current Labor Government which could be wound back under a Coalition Government, in what would be a worst-case scenario.

This would involve the incoming Attorney-General, who will most likely be Senator the Hon George Brandis SC, revoking the January 2012 decision by the then Labor Attorney-General, the Hon Nicola Roxon MP, which allowed Australian LGBTI-inclusive couples to obtain Certificates of No Impediment (CNIs) to marry overseas (in the countries that require them).

In fact, this would simply be the Coalition reverting to the policy which they adopted from 2004 to 2007, when, under then Attorney-General, the Hon Philip Ruddock MP, the Liberal-National Government refused to issue CNIs to same-sex couples, thereby cruelling the chances of most Australian LGBTI-inclusive couples from taking advantage of overseas developments.

To be honest, I don’t know how likely this worst-case scenario is. I would hope that we have come a long way since the end of the Howard era in 2007, and that an incoming Abbott regime would not wind back this particular right.

On the other hand, many Queenslanders probably thought last year that, even if he wasn’t going to be a pro-equality champion, Campbell Newman and the LNP wouldn’t wind back existing LGBTI rights. How wrong they were.

Anyway, that is why I have written the following letter to Shadow Attorney-General Brandis, and copied it to Mr Abbott. Basically, I am asking them to support marriage equality, through party policy or at least a conscience vote. But, if they are unable to do either of those, to at the very least continue to grant CNIs to Australian LGBTI-inclusive couples to marry overseas.

I don’t know what kind of reply to expect. But, as always, whatever I get I will post here.

This is the text of the letter which I sent yesterday:

Dear Senator Brandis

Marriage Equality and Certificates of No Impediment

I am writing to you about the issue of marriage equality, and specifically the policy which the Liberal-National Opposition will take on this issue to the Federal election to be held on 14 September 2013.

I am a 34 year old man who has been together with my wonderful fiancé for almost 5 years – and we have been engaged to be married for more than 3 of those.

All we want is to be able to have a legally-recognised wedding ceremony in front of our family and friends in our own country. All we want is exactly the same rights which other Australians already enjoy.

I strongly encourage the Liberal-National Opposition to support marriage equality as formal policy ahead of the September poll. This would show that the Liberal-National Coalition accept lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians as first-class citizens, deserving of both respect and full legal equality.

Failing that, and as a bare minimum, the Liberal and National Parties should publicly commit to holding a conscience vote on this issue in the next term of Parliament, so that those MPs who wish to support LGBTI equality are free to do so. There have already been several Liberal MPs and candidates who have expressed their desire to take advantage of a non-binding vote to support marriage equality, should one be granted.

Finally, I have a specific question relating to the Attorney-General portfolio. In 2005, your Coalition colleague, the Hon Philip Ruddock MP, as Attorney-General prohibited the granting of Certificates of No Impediment (CNIs) to Australian LGBTI-inclusive couples who wished to marry overseas.

This ban remained in place until overturned by the Hon Nicola Roxon MP on 1 February 2012. This allows Australians couples, and those LGBTI-inclusive couples which include dual or multiple nationalities, to take advantage of the growing number of countries to have implemented marriage equality.

Just this month, Uruguay, New Zealand and France have become the 12th, 13th and 14th countries to accept marriage equality, as part of a growing worldwide movement. Even if the Australian Parliament does not grant marriage equality in the near future, should not mean we are prevented from taking advantage of the equality that already exists overseas.

My question is this: Do you commit a Liberal-National Government to continuing to grant CNIs to LGBTI-inclusive couples who wish to marry overseas?

I would appreciate your reply on all the issues raised in this letter, but in particular, on whether a Liberal-National Government would continue to grant CNIs to all Australian couples, irrespective of sexual orientation, gender identity and intersex status.

Thank you in advance for considering this important issue.

Yours sincerely,

Alastair Lawrie

Submission on National Health & Physical Education Curriculum

Below is the text of my submission to ACARA about the draft national Health & Physcial Education curriculum (due tomorrow 12 April). I think that my concern with the consultation draft, as released, shows through. I find it particularly worrying that the curriculum does not use the words lesbian, gay, bisexual, transgender or intersex.

But it is even more worrying that it omits the terms or phrases condoms, safe sex and HIV/AIDS – that, to me, is negligently putting the lives of young people, and young gay and bisexual men in particular, at risk. Here’s hoping that ACARA listens to this submission, and to others from people writing about this issue.

Curriculum Photo

Submission on Draft National Health and Physical Education Curriculum: Foundation to Year 10

Thursday 11 April 2013

I am writing this submission as an ordinary member of the community. But I am also writing this submission as a gay man, and someone who was profoundly let down by my school education with respect to both inclusivity, and sexual health education.

In my opinion, both of these things – being genuinely inclusive of diverse sexual orientations, gender identities and of intersex people, and providing comprehensive and detailed sexual health education, including HIV prevention – are absolutely essential in any Health and Physical Education (HPE) curriculum.

Inclusivity is necessary because all students, whether they be heterosexual, lesbian, gay, bisexual, transgender or intersex (LGBTI), or a combination of these, have the right to an inclusive education, to learn about who they are, to develop their identity in a safe place, and to be provided with all of the information which they need as they grow up.

These rights are particularly important for LGBTI students because they will be entering a world in which homophobia, bi-phobia, trans-phobia and anti-intersex prejudice remain a sad and unarguable fact. The consequences of not providing an inclusive education can be severe – LGBTI students can be the victims of harassment and bullying on account of their sexual orientations, gender identity or intersex status. LGBTI students, and later adults, also have higher rates of mental health issues, including rates of suicide, as a result of the discrimination which they experience. Any HPE curriculum which is adopted should be furthering the health of LGBTI people – and should not instead perpetuate their exclusion.

Sexual health education is necessary for all students, again, irrespective of whether they are gay or straight and no matter their gender identity or intersex status. However, unless they are specifically mentioned, the needs of LGBTI people can easily be overlooked with teachers and schools sometimes providing for the needs of the majority of their students, while ignoring the fact that every student should receive all the information they need to stay safe.

This is especially important for same-sex attracted boys, given that men who have sex with men remain a high-priority population in terms of HIV prevention. This means that sexual health education cannot be limited to ‘reproductive health’ or simply outline the risks of heterosexual intercourse, but must be comprehensive and teach all students about the risks involved in different types of intercourse, and above all the measures, such as condoms, which reduce those risks.

Of course, there is an additional reason why a HPE curriculum must be inclusive of LGBTI students, and must provide inclusive sexual health education – and that is because in many cases teachers and schools will be unaware which of their students are LGBT or I. Some students do ‘come out’ while at school, and obviously I believe that all schools should provide encouraging and nurturing environments to allow those students to do so. But many students do not come out while at school.

And I do not believe that they should be compelled to do so in order to receive an education which teaches them what they need to know about their identity, and the sexual health education which they need to stay safe.

As I mentioned before, my school education failed, and failed miserably, on both of these grounds. My school did not mention homosexuality, unless it was from a negative perspective. And throughout my education, at both primary and secondary schools, I not once was taught about safe sex in a same-sex attracted (or ‘non-reproductive’) context. Sadly, while many schools have become better at both inclusivity and sexual health education since that time (the early to mid-1990s), many have not.

The development of a national Health and Physical Education curriculum presents an ideal opportunity to address these issues. It is a chance to ensure that HPE, taught in any class room in any school across the country, is inclusive of LGBTI students, and provides sexual health education that is appropriate for all students, not just those who are heterosexual.

Unfortunately, the draft national HPE curriculum released by ACARA in December 2012 does not seize this historic opportunity. In my opinion, it falls far short in terms of its inclusivity (or, more accurately, lack thereof) of LGBTI students. For example, it does not even mention the words lesbian, gay, bisexual, transgender and intersex (LGBTI), and therefore contributes to what can feel like an all-pervasive silence about these issues. I do not understand how any document can aspire to being inclusive of the full diversity of students when it deliberately omits the words lesbian, gay, bisexual, transgender and intersex.

The draft national HPE curriculum also falls short in terms of the sexual health education which it provides. As well as beginning too late (in year 7 rather than year 5), the sexual health education which is included appears to focus on ‘reproductive health’ rather than genuinely inclusive sexual health. It should, but does not, cover everything necessary for same-sex attracted students and for HIV prevention.

The remainder of this submission will focus on some of the specific parts of the draft HPE curriculum which I believe should be amended, focusing on the many opportunities for improvement. I hope that these recommendations or suggestions are taken up, so that all students, including LGBTI students, get the education which they deserve.

1. On pages 3 and 4 of the draft HPE curriculum, the ‘key idea’ of being ‘healthy, safe and active’ could be amended to read: ‘confident, healthy, safe and active’. This would reflect the need for students to be confident in their personal identity (which is discussed briefly on page 4, but should be elevated in importance). Personal identity is fundamental to a student’s sense of wellbeing, and just as important as being ‘healthy’ or ‘safe’. It should also be noted that personal identity is not limited to LGBTI students, but would include a wide range of diverse backgrounds and therefore benefit students from across the spectrum.

2. On page 6, under the heading ‘relationships and sexuality’, the dot point which currently reads ‘exploring sexual and gender identities’ could be amended to be more explicit. A possible replacement could read ‘exploring different sexual orientations, gender identities and sex and intersex status’.

3. On page 15, I disagree with the choice to delay relationships and sexuality education until years 5-6 onwards. Instead, I believe it should commence in years 3-4, in the same way that alcohol and other drugs education does. This would ensure that students are aware of the full range of identities as they enter puberty, and do not need to ‘suffer in silence’ because they might be attracted to someone of the same sex. This outcome could be achieved by introducing the ‘themes’ or general concepts of relationships and sexuality in years 3-4 (including the identities of lesbian, gay and bisexual), and then providing more detailed sexual health education in years 5 and 6. As it currently stands, students would not receive detailed sexual health education until year 7 at the earliest, when students are generally turning 13. Given what we know about the sexual activity of young people, and the fact that puberty is starting earlier and earlier, this is too late for effective sexual health education to begin.

4. Onto a more specific issue – I think that more consideration could be given to introducing the particular topics relating to transgender and intersex from Foundation onwards, rather than waiting for 3-4 when lesbian, gay and bisexual issues are introduced. This is because gender identity and intersex are not related to sexual attraction, but instead may well be known before or at the commencement of schooling. Obviously I am not an expert on these issues, and would defer to the input of transgender organisations and groups like OII Australia. I am merely raising this issue because it would not appear logical to delay teaching these particular matters until closer to puberty (unlike arguably the same-sex attracted issues referred to above).

5. I welcome the inclusion of a statement about same-sex attracted (SSA) and gender diverse students on page 18 of the draft HPE curriculum – at the very least the curriculum acknowledges that these students exist and have specific needs. However, I reject the idea that the curriculum should provide schools with the ‘flexibility’ to include these students, with a vague and non-committal ‘expectation’ that schools will take opportunities to be inclusive. This seems fundamentally inconsistent with a sentence in the same paragraph which correctly notes that ‘students facing these issues exist in all school communities’.

If that statement is correct, then ALL schools across the country MUST be inclusive. The best way to achieve this is to provide specific and detailed requirements for the inclusion of LGBTI-related content throughout the text of the curriculum, rather than through a non-binding ‘aspirational’ statement at the beginning of the document which will likely only be referred to and applied by those schools and teachers which are already supportive of LGBTI students.

6. As a broader point, while I understand that the terms same-sex attracted (SSA) and gender diverse are included on page 18 because they are considered more inclusive of the diverse range of possible identities, I disagree that these should be the only terms used in the document to describe these groups. The vast majority of students who grow up who are SSA or gender diverse, will over time identify with one or more of the following identities: lesbian, gay, bisexual, transgender or intersex.

For this reason, I believe that these specific identities/descriptors should be included in the curriculum as well. These students deserve to have their identities spoken about in the classroom – and other students should also learn about the diversity of sexual orientations, gender identities and intersex people, rather than just the catch-all phrases SSA and gender diverse. After all, these are the terms which all students are likely to be exposed to after they depart the school environment. If any students leave school without understanding these terms then I think we are doing them a great disservice.

7. On page 49, at heading 4.2, I welcome the introduction of discrimination on the basis of sexuality as one of the particular examples of negative forms of discrimination which may be discussed in the classroom. However, I would like to see this broadened to look at discrimination on the basis of sexual orientation, gender identity or intersex status (rather than the more generic term ‘sexuality’), and I would also like teachers to be required to use all of these examples (including race, gender, disability etc), rather than simply choosing one or two from the list and potentially ignoring or omitting discrimination on the basis of sexual orientation, gender identity and intersex.

8. In the discussion of years 7-8, from page 58 onwards, the curriculum finally looks at sexual health education in detail. As discussed above, I believe this is far too late (and should instead be taught from year 5 onwards). However, turning to the substance of what is proposed, I also believe that it is too narrowly defined and limited in content.

For example, on page 59 the draft curriculum only refers to ‘reproductive health and wellbeing’. This is a very exclusionary term, traditionally focusing on sexual practices which are related to reproduction. This does NOT include other forms of sexual intercourse, including the behaviours of people who are same-sex attracted (as well as a range of other behaviours of heterosexual students which are also unrelated to reproduction). It is for this reason that the term sexual health should be used instead (or at least sexual and reproductive health), as it captures all of the behaviours which should be discussed.

9. The discussion of sexual health also needs to be made significantly longer, with more detail provided about what exactly has to be taught. This should include explicit reference to condoms, safe sex and the need for the prevention of HIV and other STIs. As a gay man who grew up in the 1980s and 1990s, I believe that it is negligent to draft a curriculum for primary and secondary students that does not include the words condom, safe sex or even HIV. Any comprehensive guide for the ‘health and physical education’ of young people must include these terms, especially when considering the health and wellbeing of young gay men, bisexual men and men who have sex with men generally. I would hope that organisations from the HIV/AIDS sector will be making similar points on this particular issue.

10. Finally, in years 9-10, on page 70, in addition to the reference to homophobia, there should also be references to bi-phobia, trans-phobia and anti-intersex discrimination. Students should be aware of the existence of, and unacceptability of, each of these types of prejudice. Of course, logically these types of discrimination cannot be discussed without an understanding of the identities lesbian, gay, bisexual, transgender and intersex, further underscoring the need for these issues to be taught from earlier in the curriculum.

As discussed earlier, I believe that significant amendments and improvements should be made to the draft national HPE curriculum to ensure that it is genuinely inclusive of, and provides appropriate sexual health education for, LGBTI students. I hope that ACARA takes these suggestions or recommendations for improvement into consideration as it revises the HPE curriculum before it is submitted to the Commonwealth and State and Territory education ministers for approval later this year.

2nd Anniversary of Election of O’Farrell Government

So, last week I wrote a column on behalf of the NSW Gay and Lesbian Rights Lobby (GLRL) for the Star Observer, looking at the 2 year anniversary of the election of the O’Farrell Liberal-National Government in NSW. It has been published today, and can be found at the following link: http://www.starobserver.com.au/opinion/2013/04/03/speaking-out-6/101597 . I will publish the full text of the article here next week (ie after the current edition).

Basically, NSW has not gone backwards on LGBTI law reform over the past 2 years, unlike our neighbours North of the Tweed under Premier Campbell Newman (who continues to wage war against the rights of and services for the Queensland LGBTI community). It is unclear which model the likely incoming Prime Minister Tony Abbott will follow (although one has to suspect he will be more like Newman than O’Farrell).

But just because O’Farrell and his Government have not gone backwards doesn’t mean there has been any great progress either. The next 12 months will be key, in particular seeing whether he and his Government support state-based marriage equality, abolish the homosexual advance or gay panic defence and continue, and hopefully expand, the Proud Schools program.

Full text:

As always, there has been a lot going on over the past month, including the community’s response to police (mis)conduct during the Mardi Gras Festival, as well as the Legislative Council’s hearings into State-based marriage equality laws.

One event which almost went unnoticed was the 2nd anniversary of the election of the O’Farrell Government, which happened last week. This officially marked the halfway point of this term of Parliament.

Many people in the LGBTI community probably greeted the election of a Liberal/National Government back in March 2011 with a degree of trepidation, not knowing exactly what to expect on gay and lesbian issues. The good news is that there have not been any major backwards steps on gay and lesbian law reform in NSW.

In fact, there have been some small wins, with the continuation of the Proud Schools pilot, and the passage of a symbolic motion in favour of marriage equality by the Legislative Council in mid-2012. However, there have been no major advances on gay and lesbian rights under the O’Farrell Government so far either.

As the Gay & Lesbian Rights Lobby, we believe that over the next 12 months it is time for the Liberal/National Government, and the Parliament more broadly, to demonstrate its commitment to treating the LGBTI people of NSW equally.

There are three major legislative and policy issues which are already on the agenda for the coming year. The first is the Upper House Inquiry into the partial defence of provocation, which is due to report by 2 May. We will be looking for the O’Farrell Government to abolish the homosexual advance or ‘gay panic’ defence, because non-violent sexual advances should never be a justification to downgrade a murder conviction to manslaughter.

The second issue is the State-based marriage equality Bill, which should be voted on later in 2013. The GLRL wants parliamentarians of all political persuasions to support the legal recognition of the equality of same-sex relationships.

The third issue which is already on the agenda is a decision on the long-term future of Proud Schools. At the Lobby, we believe that all LGBTI students deserve to have an education free from bullying, prejudice and discrimination. Consequently, we want to see Proud Schools continued and indeed expanded across NSW.

This is obviously not an exhaustive list, and the Lobby will be campaigning on other issues, including removing religious exceptions in anti-discrimination law and calling for a review of the criminalisation of commercial surrogacy arrangements, during the ‘second half’ of this term.

But, by acting on the three issues identified above, the O’Farrell Government, and the NSW Parliament generally, would demonstrate that they genuinely believe LGBTI people should be treated equally. Time will tell.

OFarrell hand

Premier O’Farrell – We won’t let you put these issues to one side this year…

Submission to Scottish Marriage Equality Consultation

Today I made a submission to the Scottish Government’s consultation on their Marriage and Civil Partnership (Scotland) Bill. Submissions close 5pm Wednesday 20 March 2013(Scottish time). Below is the text of comments which I made in addition to the model response to the Bill provided on the Equal Marriage UK website: http://www.equalmarriage.org.uk/takeaction I encourage other people to make a submission if you have time.

Scotland flag

I am writing this submission in support of marriage equality as an Australian of Scottish descent, and therefore someone who wishes to see Scotland leading on a key progressive issue. I am also a gay man, engaged to be married to a wonderful partner, but currently prohibited from doing so by my own government. As a result, I am keenly aware of the negative consequences of the imposition of inequality in relationship recognition on the basis of sexual orientation, gender identity and intersex status.

I do not propose to detail the general arguments in favour marriage equality here because I am confident that LGBTI people in Scotland, and their families and friends, will be able to do so far more eloquently than I could. However, from my vantage point on the other side of the world, I do wish to highlight the potential symbolic importance of a move by the government of Scotland to finally accept lesbian, gay, bisexual, transgender and intersex people as equal citizens.

I sincerely believe that the introduction of marriage equality by the Scottish parliament would have precedent value for other members of the Commonwealth of Nations. As one of the first countries colonised by the English, and one of the last to adopt any form of self-government, Scotland embracing LGBTI human rights in this way would demonstrate that it is possible to overcome the history of homophobia which often accompanied imperialism.

Together with the expected passage of marriage equality in England and Wales in the near future, and on top of earlier moves by Canada and South Africa, Scotland would be sending a signal to other members of the Commonwealth that LGBTI people deserve equal treatment under the law. This is especially important because 41 Commonwealth countries continue to impose criminal penalties for homosexuality, and with homosexuality attracting life imprisonment in six of these.

There are also two upcoming events of symbolic significance within Scotland which, I believe, would be enhanced by the passage of marriage equality. The first is the Glasgow Commonwealth Games in July and August 2014. I think it would be a wonderful achievement if these were to be the first games held on soil where LGBTI people were full and equal citizens. This would deliver a message of acceptance of different sexual orientations, gender identities and of intersex people to those Commonwealth countries who attend.

The second event with symbolic significance is the forthcoming referendum on Scottish independence, which is currently expected to be held in the autumn of 2014. I submit that it is important to remove the blemish of legislated discrimination against LGBTI people ahead of this referendum: if the Scottish people are to embrace independence, then surely all of its citizens should be able to celebrate this achievement as equals. This newly-independent country, if that is the outcome of the referendum, should be able to start its life with a clean slate, and not one that has been tarnished by homophobia, bi-phobia, trans-phobia and anti-intersex prejudice.

Of course, I am not writing this submission completely unmotivated by self-interest. If Scotland were to adopt marriage equality, it would add another name to the long list of countries which have left Australia behind on this issue. Our near neighbours New Zealand look likely to do the same in the next few months. Hopefully, as the marriage equality movement continues to sweep the world, my own government will finally be embarrassed into action on this issue.

Leaving self-interest aside, and irrespective of the symbolic arguments which I have outlined above, the most powerful argument in favour of marriage equality must always be the thousands of LGBTI-inclusive couples in Scotland who would be able to take advantage of this Bill if and when it is eventually passed. The happiness of these couples would be immeasurably increased by a law which does not deny anyone else their rights, but simply extends the rights which one group already has to other communities.

I know how important and affirming it would be to have legal recognition of my relationship with my fiancé. The LGBTI people of Scotland are no different in terms of their hopes and aspirations for full legal equality. I hope that Scottish parliamentarians listen to these voices before deciding whether to say “Yes” or “No” to the Marriage and Civil Partnership (Scotland) Bill. Ultimately, any person should be able to determine for themselves whether to say “I do”.

NSW State Same-Sex Marriage Inquiry Introductory Comments

On Friday (15 March 2013) I had the privilege of appearing with the NSW Gay and Lesbian Rights Lobby at the Legislative Council inquiry hearings into state-based same-sex marriage laws. While the Lobby’s co-convenor Justin Koonin gave some brilliant introductory comments on behalf of the Lobby and gay and lesbian communities more generally, I was able to give an introductory statement outlining how the issue of marriage equality affects me personally (and of course Steve too, who attended in the public gallery).

Below is the text of the statement which I read out at the inquiry hearings (I will provide a link to the published transcript of the full proceedings, including questions and answers, when they are published on the NSW Parliament website):

NSW State Same-Sex Marriage Inquiry Introductory Comments

I have been asked to appear on behalf of the Lobby as both a Committee member, and as someone who is directly affected by whether state-based same-sex marriage is introduced in NSW.

My fiancé Steve and I have been together for more than four and a half years, and we have been engaged for more than 3. Needless to say, he made me the happiest man alive when he said yes when I asked him to marry me in January 2010. And yes, I did get down on bended knee to propose.

However, unlike most engaged couples, we knew that, because of the 2004 federal Marriage Act amendments, our prospective wedding would not be legally recognised in our own country, and that the federal government did not issue Certificates of Non Impediment to get married overseas.

Since then, we have been actively playing the ‘waiting game’’: waiting to see if the ALP National Conference would agree to marriage equality, waiting to see how federal parliament would vote, and now waiting to see whether NSW will introduce same-sex marriage – more than 3 years since Steve said “Of course I will”, we are still waiting to see whether we can both legally say “I do.”

Of course, we cannot and will not wait forever. Fortunately, CNIs can now be issued, so getting married in another country is a possibility. This could even include New Zealand, after this week’s successful 2nd reading debate vote there.

But getting married in another country is significantly more expensive, means that many family members and friends would not be able to attend our special day, and still would not be legally recognised at home.

Please don’t misunderstand me – we are glad to have more choices than we did back in January 2010. But those choices come with costs – legal, financial, social, and emotional. Steve and I, and thousands of other same-sex couples across NSW, are confronted with these negative consequences right now.

Critics of marriage equality often claim that its introduction would be a form of social engineering. To the contrary, I submit it is social engineering to determine that only people of a particular sexual orientation, or indeed gender identity or sex, have certain rights.

Surely it is an arbitrary and intrusive level of state intervention for governments to determine on these grounds whether a couple can get married under law, how long they might have to wait, whether they have to go overseas, and as a result, how much it costs, or even who can attend.

These are the real world consequences of the upcoming decision by NSW parliament on whether its same-sex attracted citizens can get married.

Letter to Premier O’Farrell about renaming Taylor Square

10 days ago, the NSW Premier Barry O’Farrell suggested that Taylor Square could be renamed after former High Court Justice Michael Kirby. While I support recognising his achievements, I think that it would be better to rename the square after both Mr Kirby and current, lesbian High Court Justice Virginia Bell. The outcome would reflect both the gay and lesbian history of this location. Below I have included the text of a letter which I sent to the NSW Premier on this subject this afternoon.

Taylor Square Rainbow Crossing

Dear Premier O’Farrell,

RENAMING TAYLOR SQUARE

I am writing in relation to comments which you made in the Legislative Assembly on Thursday 28 February 2013, in response to a question from the Member for Sydney, Mr Alex Greenwich MP, regarding the Government’s commitment to the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) community.

In particular, during your answer you suggested that Taylor Square could be renamed after former High Court Justice Michael Kirby, who, as you said in the Chamber, is “a great individual who epitomises that good community.”

While I agree with the sentiment of your proposal, I note that Mr Kirby is already highly decorated, including having the former National Centre in HIV Epidemiology and Clinical Research (NCHECR) at the University of New South Wales renamed the Kirby Institute for Infection and Immunity in Society in his honour.

Of course, this does not mean the state of New South Wales, and the City of Sydney, should not further celebrate the contributions of such an eminent jurist, and the first openly gay man appointed to the High Court.

However, I would humbly like to suggest that, if you wish to pursue this proposal, you could also consider co-naming the square after the first openly lesbian woman appointed to the High Court, Ms Virginia Bell. The location could then be known as either the Kirby-Bell Square or the Bell-Kirby Square.

I make this suggestion because I think it is important to recognise and celebrate the achievements of both the gay and lesbian communities, who each have a historical connection to Taylor Square.

Ms Bell, who replaced Mr Kirby on the High Court following his retirement, is another distinguished resident of Sydney, and one who began her legal career in the inner-city working at the Redfern Legal Centre.

Ms Bell was also a participant in the very first Sydney Gay Mardi Gras on 24 June 1978, which, fortuitously, assembled at Taylor Square before commencing the march. Renaming Taylor Square in Ms Bell’s honour, alongside Mr Kirby, would therefore acknowledge some of the important LGBTI history of this particular location.

Thank you in advance for considering my suggestion for renaming Taylor Square to be Kirby-Bell or Bell-Kirby Square, which I think would be more inclusive of the lesbian and gay communities of Sydney.

Sincerely

Alastair Lawrie