No, We Don’t Have Marriage Equality Yet

Posted on December 7, 2018 by Alastair Lawrie

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here.

12 months ago today, the House of Representatives passed Liberal Senator Dean Smith’s Marriage Amendment (Definition and Religious Freedoms) Act 2017.

It was the culmination of more than 13 years of campaigning by Australia’s lesbian, gay, bisexual, transgender and intersex (LGBTI) communities.

When that law took effect, two days later, Australia finally permitted same-sex couples to wed and recognised the marriages of most[i] LGBTI couples.

But we did not achieve genuine marriage equality – nor do we enjoy it exactly one year later.

This is because the terms and conditions which apply to the marriages of LGBTI couples after 9 December 2017 are different to those which applied to cisgender heterosexual couples before that date.

First, and most importantly, at the time of writing, forced trans divorce – where a transgender person who is already married cannot gain access to accurate identity documentation unless they first divorce their partner – still exists in Western Australia and Tasmania[ii] (while legislation to abolish forced trans divorce has only passed in the Northern Territory in the past fortnight).

One of the positive aspects of last year’s marriage Bill is that it included a 12-month phase out of exceptions to the Commonwealth Sex Discrimination Act 1984 which allowed states and territories to enforce these discriminatory laws.

Which means that, from this Sunday, trans people who are already married in WA and Tasmania will be able to lodge a complaint with the Australian Human Rights Commission (AHRC) about their mistreatment under the Gender Reassignment Act 2000 (WA) and the Births, Deaths and Marriages Registration Act 1999 (Tas).

Presumably, they will also be able to seek a new birth certificate through this process (although whether the respective state Governments provide one remains to be seen).

Nevertheless, for as long as forced trans divorce sits on the statute books in any Australian jurisdiction, and we compel some trans people who are already married to take action with the AHRC – or even have to go to Federal Court – just to gain access to accurate identity documentation, it is inaccurate to say we have genuine marriage equality in Australia.

[Update May 2019: Western Australia abolished its forced trans divorce laws in February 2019, while Tasmania removed its own forced trans divorce provisions in April 2019, taking effect earlier this month. This means that – finally – forced trans divorce is history.]

Second, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 didn’t just allow LGBTI couples to wed – it also inserted new ‘religious exceptions’ into the Marriage Act 1961 itself. For example, it gave existing civil celebrants the ability to nominate themselves as ‘religious marriage celebrants’ and thereby refuse to perform the ceremonies of same-sex couples.

Importantly, this didn’t just apply to civil celebrants who were ‘ministers of religion’ of unrecognised religions (sub-section 39DD(1), which is at least arguably consistent with freedom of religion).

It also allowed existing civil celebrants to gain access to these special privileges based on nothing more than their personal beliefs. As is now set out in sub-section 39DD(2) of the Marriage Act 1961:

Marriage celebrants who wish to be religious marriage celebrants on the basis of their religious beliefs

(2) The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if:

(a) the person was registered as a marriage celebrant under Subdivision C of this Division immediately before Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced; and

(b) the person gives the Registrar notice that the person wishes to be identified as a religious marriage celebrant on the register:

(i) in writing; and

(ii) in a form approved by the Registrar; and

(iii) within 90 days after Part 1 of Schedule 1 of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commences; and

(c) the choice is based on the person’s religious beliefs [emphasis added].

In effect, a civil celebrant who was registered before 9 December 2017 could simply sign-up to be able to say ‘no gays allowed’ (or no lesbians, bisexuals or transgender people allowed either).[iii]

[Update 13 December 2018: In fact, as revealed by the Ruddock Religious Freedom Review Report, 406 existing civil celebrants registered to take advantage of these new special privileges to discriminate against LGBTI couples. Which, to be honest, is even more people choosing prejudice over equal love than I had anticipated.]

Remember that these celebrants are not ministers of religion, and the ceremonies they officiate need not be religious. There is also no test of their beliefs – it is based solely on self-declaration.

In practice, this provision has very little to do with actual religious freedom, but instead provides new legal protections to homophobia, biphobia and transphobia as long as it is dressed up as ‘religious’.

That much is made abundantly clear by the fact similar provisions had never been introduced to ‘protect’ civil celebrants who wanted to refuse to (re-)marry people who had previously been divorced, or to reject ceremonies for couples of different faiths – both of which arouse strong religious beliefs for many people.

These provisions were introduced only when LGBTI couples were finally allowed to marry, demonstrating that they are not aimed at protecting genuine religious freedom at all – their real target is undermining LGBTI equality.

This is obviously a terrible provision in and of itself. It also sets a negative precedent for other laws.

After all, if civil celebrants – who are in reality a small business, offering commercial services to the public at large – are allowed to discriminate against their customers on the basis of the customer’s sexual orientation or gender identity, then why shouldn’t other businesses be allowed to do the same (a point that religious fundamentalists made frequently during the Ruddock Religious Freedom Review).

Indeed, that brings me to the third reason why we still don’t have genuine marriage equality in Australia.

Amidst all of the celebrations of the passage of same-sex marriage (and yes, as someone engaged to be married, I still think some celebration was justified), I wonder how many people understand that the following is now written into the Marriage Act:

47B Bodies established for religious purposes may refuse to make facilities available or provide goods or services

(1) A body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage, if the refusal:

(a) conforms to the doctrines, tenets or beliefs of the religion of the body; or

(b) is necessary to avoid injury to the religious susceptibilities of adherents of that religion.

(2) Subsection (1) applies to facilities made available, and goods or services provided, whether for payment or not.

(3) This section does not limit the grounds on which a body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage.

(4) To avoid doubt, a reference to a body established for religious purposes has the same meaning in this section as it has in section 37 of the Sex Discrimination Act 1984.

(5) For the purposes of subsection (1), a purpose is reasonably incidental to the solemnisation of marriage if it is intrinsic to, or directly associated with, the solemnisation of the marriage [emphasis in original].

This is an incredibly broad exception, applying to anything provided by a religious organisation that has anything to do with a LGBTI wedding – even where it is provided by a service that advertises to the public at large and is run for profit.

The most generous interpretation of the inclusion of this amendment is that it merely replicates, and reinforces, the existing religious exceptions found in section 37(1)(d) of the Sex Discrimination Act 1984 (provisions which have come under scrutiny this week because they also allow discrimination by religious schools against LGBT students and teachers).

But, if that is the case, their inclusion in the Marriage Act is entirely unnecessary. And for a reform that has powerful symbolic value, what does it say about the passage of same-sex marriage that it was accompanied by these equally symbolic, but discriminatory, amendments.

On the other hand, it is arguable that the addition of section 47B has actually increased the range of circumstances in which religious organisations can discriminate against people on the basis of their sexual orientation or gender identity.

This is particularly the case in relation to Tasmania, where the Anti-Discrimination Act 1998 remains the best practice LGBTI discrimination law in Australia.

This is because the religious exceptions in section 47B of the Marriage Act 1961 are framed in a positive way (‘a body established for religious purposes may refuse…’), whereas the existing Sex Discrimination Act 1984 exceptions are phrased in a negative way (‘Nothing in Division 1 or 2 affects…’).

This is an important distinction because it is more likely that a positively-framed religious exception will override the anti-discrimination laws of jurisdictions which are inconsistent. In practice, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 has likely allowed new forms of discrimination in our most Southern state.

Even if that interpretation is incorrect, it should again be highlighted that this type of exclusionary provision was never needed to allow religious organisations to refuse to serve couples where one or both had previously been divorced, or where the couple had different religious backgrounds.

Section 47B was only introduced when LGBTI couples were allowed to walk down the aisle. It’s true purpose is to allow religious bodies – even where they are advertise to the public at large and are run for a profit – to tell same-sex couples to go somewhere else.[iv]

Perhaps the most disappointing part about the Marriage Amendment (Definition and Religious Freedoms) Act 2017 is that, despite being one of the worst marriage amendment Bills ever introduced into Commonwealth Parliament,[v] it was signed-off on by Australian Marriage Equality (AME), and the Equality Campaign, supposedly on behalf of the LGBTI community.

In the days after the announcement of the postal survey results, they presented Senator Dean Smith’s Bill as a fait accompli, arguing for its passage without calling for the removal of its unnecessary provisions regarding existing civil celebrants or wedding-related services, effectively making them accomplices to this new discrimination.

In my opinion, AME/The Equality Campaign were wrong to do so.

They were wrong on principle. As an organisation purporting to advocate for marriage equality, they should have been calling for genuine equality, not defending the inclusion of provisions that were never needed for anyone else, but were only introduced to target LGBTI Australians. Their acquiescence makes it harder to push for the removal of these provisions in the future.

They were wrong on strategy. The religious fundamentalists inside the Coalition Government were the ones who had pushed for the unnecessary, wasteful, harmful and divisive postal survey – and they lost, with the majority of Australians showing they supported the equal treatment of all couples, irrespective of sexual orientation, gender identity or sex characteristics.

That is what the LGBTI community should have been demanding: full equality and nothing less. If the Coalition Government refused to pass it because it did not include new rights to discriminate against LGBTI couples, even after imposing an unprecedented $80.5 million three-month national opinion poll, then they would have experienced the biggest of backlashes. It was not up to the LGBTI community to save the Government from itself.

And they were wrong on process, because they never secured the informed consent of the LGBTI community to these changes. They never explained, in detail, what had been given up and why, and they never asked lesbian, gay, bisexual, transgender and intersex (LGBTI) people whether it was a price they were prepared to pay.

Indeed, when other organisations like just.equal and PFLAG Australia did ask the community what they thought, the response was generally unequivocal – there must be no new discrimination.[vi] In the absence of other evidence, that is the position I think AME/The Equality Campaign should have adopted.[vii]

It is likely I will be criticised, possibly quite strongly, for writing this (and especially those last few paras). Many will argue that what’s done is done, and should therefore be left alone.

Maybe.

Except I would argue that what was done last year – the inclusion of new discriminatory provisions in the Marriage Act itself – needs to be undone.

In order to do so, we need to know what exactly is in the Act, and how and why it was included. And then we need to work out a strategy for ensuring sections 39DD(2) and 47B are removed from the statute books so that the stain of discrimination is washed clean, permanently.

Because for as long as any LGBTI couple is turned away by a homophobic or transphobic civil celebrant (calling themselves a ‘religious marriage celebrant’), and for as long as religious organisations enjoy special privileges to discriminate in the provision of wedding-related goods, services or facilities, then we don’t enjoy genuine marriage equality in Australia.

The moment Commonwealth Parliament passed the Marriage Amendment (Definition and Religious Freedoms) Act 2017. It introduced same-sex marriage. But it isn’t marriage equality.

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Footnotes:

[i] See the discussion of forced trans divorce below.

[ii] Legislation to abolish forced trans divorce – as well as making the inclusion of gender on birth certificates optional – has passed Tasmania’s Legislative Assembly, but it is unclear if or when it will pass the Legislative Council.

Legislation to abolish forced trans divorce passed Western Australia’s lower house in late 2018. It was finally passed by the Legislative Council on 12 February 2019, leaving Tasmania as the last state yet to abolish Forced Trans Divorce.

[iii] Authorised under section 47A:

Religious marriage celebrants may refuse to solemnise marriages

(1) A religious marriage celebrant may refuse to solemnise a marriage despite anything in this Part, if the celebrant’s religious beliefs do not allow the celebrant to solemnise the marriage

Grounds for refusal not limited by this section

(2) This section does not limit the grounds on which a religious marriage celebrant may refuse to solemnise a marriage.

[iv] There is a fourth problem with the Marriage Amendment (Definition and Religious Freedoms) Act 2017 and that is it reinforces the ability of defence force chaplains to discriminate in terms of which marriage ceremonies they will officiate. As outlined in section 81 of the Marriage Act 1961:

(2) A chaplain may refuse to solemnise a marriage despite anything in this Part, if any of the following applies:

(a) the refusal conforms to the doctrines, tenets or beliefs of the religion of the chaplain’s religious body of religious organisation;

(b) the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion;

Grounds for refusal not limited by this section

(3) This section does not limit the grounds on which an authorised celebrant (including a chaplain) may refuse to solemnise a marriage.

This provision is offensive because military chaplains are public servants, paid for by the taxpayer (including of course LGBTI taxpayers), and obligated to serve all of the people supposedly under their pastoral care. They should be required to provide these services to all ADF personnel, irrespective of their sexual orientation or gender identity – and if they cannot, they should find another job.

On the other hand, it should be acknowledged that defence force chaplains already had the ability to determine who they performed marriages for (although the revised section 81 made this power even clearer) meaning it is somewhat distinct from the existing civil celebrant, and wedding-related services, religious exceptions, both of which are genuinely new ‘rights’ to discriminate.

[v] Perhaps equal worst with Liberal Democrat Senator David Leyonhjelm’s Freedom to Marry Bill 2014, which allowed all civil celebrants to turn away LGBTI couples, but which did not insert new general religious exceptions in the Marriage Act itself.

Liberal Senator James Paterson’s Marriage Amendment (Definition and Protection of Freedoms) Bill 2017 – written in conjunction with the Australian Christian Lobby – was obviously far worse than both, but it was never formally introduced.

[vi] See the results of their November 2017 community survey here.

In particular:

63.1% of respondents opposed the Smith Bill’s civil celebrant provisions
86.9% opposed the wedding-related services exceptions, and
77.4% opposed provisions allowing military chaplains to refuse to officiate the ceremonies of LGBTI ADF personnel.

Importantly, 53.7% of respondents indicated they were willing to wait until marriage equality could be achieved without such provisions (while only 27.9% were not willing to wait and 18.4% were neutral on this issue).

[vii] For more on these issues, see Rodney Croome’s excellent recent article in New Matilda, ‘Yes Yes No: Why the History of Marriage Equality Must be Told Accurately’.

28 Reasons to Vote Yes on Marriage Equality

Posted on August 16, 2017 by Alastair Lawrie

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Vote yes on marriage equality because love does not discriminate, and neither should the Marriage Act

Vote yes for the tens of thousands of LGBTIQ Australian couples who are waiting for the opportunity to marry in front of family members and friends – just like anybody else

And for other LGBTIQ couples who don’t want to get married, but who deserve the right to make that decision for themselves and not have it imposed upon them by the Parliament

Vote yes out of respect for the couples where one or both have died over the past 13 years without being allowed to marry the love of their life[i]

And to stop this same fate being experienced by other couples in the future

Vote yes because no-one should be forced to divorce their spouse in order to have their gender identity recognised under the law[ii]

Vote yes because a successful marriage is based on the content of your character, not your sex characteristics[iii]

Vote yes to make it easier for LGBTIQ Australians to prove their relationships, especially when it matters most[iv]

Vote yes to recognise the marriages of thousands of LGBTIQ Australians that already exist, having wed overseas

And to ensure that, when some of those relationships break down, they are able to divorce[v]

Vote yes so that all members of a family are treated exactly the same under the law

Vote yes so that parents, and grandparents, and brothers and sisters, are able to attend the weddings of their family members

And so that the children of rainbow families can attend the weddings of their parents

Vote yes for all of the lesbian grandmas, gay uncles, bi aunts, trans nephews and intersex nieces, and queer cousins

Vote yes if you think that your child should be able to marry whoever they want to when they grow up

Vote yes if you think that every child should be able to marry whoever they want to when they grow up

Vote yes on marriage equality for your friends

And your colleagues

And your teammates

And your neighbours, and all of the LGBTIQ people in your community

Vote yes for the many young LGBTIQ Australians still struggling to comes to terms with who they are, wondering whether they are accepted

And for older LGBTIQ Australians who have experienced a lifetime of discrimination

Vote yes for every LGBTIQ Australian, to show them that they are not lesser and should not be treated as lesser under the Marriage Act

Vote yes because you are LGBTIQ yourself and this is a matter of pride

Vote yes because you believe in a fair go for all, irrespective of sexual orientation, gender identity or sex characteristics

Vote yes because you think Australia can be a better, fairer and more inclusive country

And because you want to help make Australia a better, fairer and more inclusive country

Vote yes on marriage equality because all love is equal, and it’s time we changed the law to reflect that.

original_1495494419744.405

Footnotes:

[i] Like long-term LGBTIQ rights campaigners Peter and Bon, who were together for half a century, with Bon passing away earlier this year after having pleaded with Malcolm Turnbull to allow them to marry before he died – a plea that was ignored.

[ii] Australia was criticised by the United Nations Human Rights Committee earlier this year because of its policy of forced trans divorce. Find out more here.

[iii] To find out more about how discrimination in the Marriage Act affects people with intersex traits, see OII Australia’s submission to the Marriage Amendment (Same-Sex Marriage) Bill 2016.

[iv] Tragically, Tasmanian Ben Jago was unable to bury his de facto partner, or even attend his funeral, after his premature death (see this piece in the Guardian). While such discrimination is already unlawful, being married would make these situations far less common.

[v] Australia has also been criticised by the United Nations Human Rights Committee because of its failure to allow LGBTIQ couples that have married overseas to be able to divorce when those relationships break down. Find out more here.

7 things we need to do now

Posted on August 12, 2017 by Alastair Lawrie

Commonwealth_ Sex Discrimination Act 1984-3

At the end of a long week – which felt more like a month, and frankly had a year’s worth of ups and (mostly) downs – it’s time to take stock, and work out what we do next.

Thankfully, there are now two challenges to the Government’s pseudo postal plebiscite (aka the Australian Bureau of Statistics ‘Australian Marriage Law Postal Survey’), which will be heard by the High Court on September 5 and 6.

However, while we might hope for the best – that the judiciary finds this extraordinary and unprecedented process to be an unconstitutional abuse of executive power – we must also prepare ourselves for the worst.

In that context, I offer the following seven suggestions of how we should respond to Malcolm Turnbull’s supposed statistical survey:

Enrol

The Government has already announced that, in order to participate in the ‘plebiscite’, you must be on the electoral roll by 6pm on Thursday 24 August.

So, the most immediate thing you need to do is:

Check your enrolment here.

If you aren’t enrolled, enrol to vote here.

Even if you are currently intending to boycott the ‘Australian Marriage Law Postal Survey’, you might end up changing your mind in the coming weeks and months, so please update your enrolment now and leave your options open in September and October.

Engage

This step is harder than the first, especially when emotions are understandably running high and we feel that the process that has been inflicted upon us is incredibly unfair (because it is). But that doesn’t mean the pseudo postal plebiscite is necessarily going away either.

Which means we need to engage, with our family members (including extended family), our friends, our colleagues, our peers, basically anyone and everyone we have connections with, to encourage them to support the fight for equality.

Of course, there are limits to this ask. Don’t engage with trolls, or with people who show they are unwilling to genuinely engage with you (neither group is worth your time). And don’t engage where you don’t feel comfortable, and above all, safe in doing so.

But, please have these conversations wherever and whenever you can, because that’s how we remind people who are already on our side what they need to do, and how we persuade the people who have yet to make up their minds.

Educate

This step, which is related to number two, is much more difficult again. It is hard when the decision by the Turnbull Coalition Government to hold this pseudo postal plebiscite has already politicised every minute, every hour and every day of our lives – politicised our mere existence – until this farce is over.

And there’s no denying the perennial problem that in struggles for justice, the burden of educating the oppressors falls disproportionately on the oppressed (when people should instead bear responsibility for educating themselves).

Nevertheless, there will still be many opportunities in the months ahead for genuine education. To provide information to people who may not have thought about LGBTIQ issues before. To answer questions from those who don’t know a lot about us, or our relationships, but who show a sincere desire to learn.

Of course, for many in our community, for different reasons, this task is not something they are willing or able to do – and that’s totally okay. And for anyone who does decide to engage in these discussions, you should always remember that your personal information is yours, and you should only disclose as much as you feel comfortable. Nobody has a ‘right’ to know everything about you.

But for those of us who are in a position to have these conversations, we should. And if you need help getting started, Australian Marriage Equality/The Equality Campaign have produced a number of useful resources (including translations into Chinese, Korean, Vietnamese, Arabic, Hindi, Greek, Italian, and Spanish).

Vote

We’ve reached the fourth step on my list, and the third most important: to vote (and obviously to vote yes).

Before I start, I’d like to say to anyone who is currently considering boycotting the pseudo postal plebiscite that I completely understand where you’re coming from. It is a bullshit process, imposed for bullshit reasons. It is inherently offensive to LGBTIQ people; it is insulting, and demeaning, to our relationships.

In fact, the decision by Liberal and National MPs and Senators to adopt a supposed statistical survey on marriage equality made me even more angry, and frustrated, about a subject that I thought had exhausted my reserves of both. Despite all this, I have decided that I will vote, and I urge you to do the same, for the following reasons:

a) Most LGBTIQ people think we should

Before the Government’s appalling actions this week, PFLAG and just.equal conducted a survey of 5,261 LGBTI Australians to ascertain their views about a possible postal vote, and how we should respond as a community.

Only 15.2% thought we should boycott such a vote, with more than half publicly opposed to a postal ballot but prepared to win it if it’s held. And, even though that survey was conducted based on a hypothetical, and the subsequent reality might have changed the depth of our feelings, I don’t think it has altered our thinking.

b) Most LGBTIQ community organisations think we should

For people who have been engaged in LGBTIQ advocacy for a while, it’s no secret we sometimes don’t play well together. Which makes it all the more extraordinary that nearly all major community organisations have come out in the past 24-48 hours to say that, while they oppose the pseudo postal plebiscite, they will fight to win it.

How ironic that Malcolm Turnbull’s divisive debate, that will cause such disharmony across Australian society, could end up being a powerful unifying moment within the LGBTIQ community itself.

c) Pragmatic politics

There are several political reasons why we should vote, including the obvious one: that a yes vote offers the best chance (albeit no guarantee) of marriage equality being passed this year. A significant yes majority will also diminish the influence of the groups that oppose LGBTIQ rights, like the Australian Christian Lobby, not just on this topic but across all issues.

But, even if we lose (which is a real possibility, given a voluntary postal opinion poll has significant flaws, and skews towards older, more conservative voters, effectively stacking the decks against us), the closer the loss the easier it will be for Labor and the Greens to introduce marriage equality in future.

d) Personal

Regular readers of this blog will know that I have a strong personal motivation to campaign for equality: the desire to finally marry my fiancé of seven and a half years. However, as much as I love Steven – and trust me, it’s a lot – he’s not the reason I will be voting, and voting yes.

Teenage Alastair is. Who realised he was gay on his first day at a religious boarding school in Brisbane in 1991. Who took about a month to understand just how homophobic his surrounding environment was, and became depressed. Who, from the second term of year 8, until the final term of year 12, thought about ending his life every day, multiple times a day, because he feared he would never find acceptance for who he was.

Alastair aged 12 to 17 probably wouldn’t have understood the ethical reasons why some people in the LGBTIQ community might have wanted to boycott a supposed statistical survey. But he definitely would have understood the message of a large no victory: that his country was explicitly rejecting him, and anyone like him.

So, I’m voting for him.

Many of us have been that person. Most of us know someone who has been through something similar. All of us can empathise with what that fear, that isolation, that loneliness, feels like. So let’s stand up for all of them – including those who tragically didn’t make it – and vote yes.

Take Care of Yourself

We already know that, if the pseudo postal plebiscite is not rejected by the High Court, the next four months are going to be awful. There will be misinformation, and outright lies, spread against us by those who wish to do us harm. Indeed, their hate-based campaign has already started – so much for the Prime Minister’s so-called #respectfuldebate.

We should not underestimate the impact that this battle will have on all of us, or the fact it will disproportionately affect the more vulnerable groups within the LGBTIQ community itself (including young people, trans and gender diverse people, Aboriginal and Torres Strait Islander LGBTIQ people and rainbow families and their children).

Throughout this process, we must all take care of ourselves.

There are services in place that can help if you need it, including:

QLife, the national telephone and web counselling service for LGBTI people, families and friends. Call 1800 184 527, 3pm to midnight everyday.

Lifeline, call 13 11 14, anytime.

For a longer list of the support services available to LGBTIQ+ community, see this article by SBS.

Beyond these formal services, however, there are plenty of other ways to practice self-care, and self-love, during this time. If you need to talk to someone, reach out to your friends and other people in your life. If you are finding yourself negatively affected by the public debate and/or social media, switch off. If you have to take a break from the campaign, do – drop out for as long as you need.

For other tips on what you can do to take care of yourself, see the helpful info-graphic produced by ACON at the end of this article. If you are a member of an LGBTIQ family, you can also check out this handy guide produced by Rainbow Families. And if you are aware of, or come across, other useful resources, please don’t hesitate to share them in the comments below.

And Each Other

The other, equally important, part of this equation is to look out for, and take care of, each other.

It is difficult to imagine a process that causes more damage, or has the prospect for greater division, than the three-month long, voluntary, non-binding ‘Australian Marriage Law Postal Survey’ designed by the Turnbull Government.

Indeed, that may have been the intention of some of those who advocated this option. At best, Coalition MPs and Senators have shown that they are completely indifferent to the harm the pseudo postal plebiscite will cause the LGBTIQ community.

They don’t care about us. So we must care about each other.

Be pro-active. Check in with the people around you to see they are okay. If you notice someone struggling, ask how they’re going, give them a call, have a cup of tea, offer a helping hand – or a shoulder to cry on.

Over recent decades, the LGBTIQ community has had to endure many challenges, to show resilience in the face of adversity. We need to do so again now.

**********

These last two steps – Take Care of Yourself. And Each Other – aren’t just the catchphrase of a trashy 90s talk-show host. They are also the two most important things we need to do in the coming weeks and months. Because while winning this vote, and achieving marriage equality, might be important, we – the members of the LGBTIQ community – are more important.

Before I finish, however, there is one last point that I need to make:

Allies – It’s time to step up

I still remember early last year (although it seems longer) standing in front of a room full of mostly-cisgender, heterosexual activists and asking them for their help to win ‘Plebiscite 1.0’ – because the LGBTIQ community could not possibly win it on our own.

Well, that plea is just as relevant, probably even more so, for ‘Plebiscite 2.0’, especially with the challenges of voluntary postal voting, and an overall process engineered to benefit the side of those opposed to marriage equality.

If you consider yourself an ally of the LGBTIQ community, it’s time to step up. If you are a family member, friend, colleague or peer of an LGBTIQ person, it’s time to get involved.

Enrol. Engage and Educate (and, if you need to, educate yourselves). Vote, and encourage others to vote, too. I also have no doubt it will be an awful experience for many of you to see the trauma inflicted on the LGBTIQ people close to you – so look after them, as well as yourselves.

Most importantly, stand with us, by our sides, in this battle. Sit with us, and listen to us, if we ask you to. And fight for us, because we need you to.

And, if you’re not convinced by me, listen to the excellent advice of the even more excellent GetUp marriage equality campaigner, Sally Rugg:

“If you have ever put a rainbow filter on your Facebook profile picture, return your ballot paper the day you receive it.

If you have a friend, a family member or a co-worker who is LGBTIQ+, return your ballot paper the day you receive it.

If you have ever cringed at the words “one man and one woman to the exclusion of all others” at a wedding, return your ballot paper the day you receive it…

The postal plebiscite will be won or lost on how allies of the LGBTIQ+ community step up over the next two months.”

Over to you.

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Marriage equality or marriage discrimination – a simple test

Posted on August 1, 2017 by Alastair Lawrie

Based on media coverage over the past few days, it now seems possible that Commonwealth Parliament will – finally – hold a free vote in coming weeks on the right of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians to marry.

Of course, it is just as likely (perhaps even more likely) that the Turnbull Government will instead decide to hold a non-binding, voluntary postal vote on the subject, but that unnecessary, wasteful, divisive and downright offensive proposal is a subject for another day.

What I wanted to write about today is the kind of legislation that might ultimately be voted upon.

Because, amidst the understandable excitement of activists and advocates, the LGBTI community, our family members and friends, indeed all Australians who believe in fairness and the right of all people to marry the person they love, that progress might be imminent, we must not overlook a fundamental question:

Is it marriage equality, or is it marriage discrimination?

That is, does the Bill treat LGBTI-inclusive couples exactly the same as cisgender heterosexual couples, or will it introduce new special rights for civil celebrants and/or other wedding-related businesses to discriminate against us?

If it is the former, it is genuine marriage equality. If it is the latter, then it is something else, something lesser: marriage discrimination.

Unfortunately, based on multiple news reports it appears that the private member’s bill being drafted by Western Australian Liberal Senator Dean Smith will include new ‘protections’ that provide celebrants with the right to refuse to officiate the ceremonies of LGBTI couples.

Given religious celebrants already have this ability, presumably Senator Smith’s Bill will extend this ‘right to discriminate’ to (at least some) civil celebrants.

The argument that will inevitably be put forward to justify the differential treatment of couples under the Marriage Act 1961 is that it is necessary to protect the ‘religious freedom’ of the celebrants involved.

From my perspective, whether we should accept this argument, and indeed whether we should accept legislation that includes these types of ‘religious exceptions’, comes down to this simple test:

Will it treat LGBTI couples in the future differently from, and worse than, divorced people seeking to get (re-)married today?

Now, I admit this might seem to be a somewhat strange comparator, so please allow me to explain.

There is a wide range of religious beliefs about the rite of marriage, from groups who believe in marriage between more than two people, to others who do not believe in marriage between people of different faiths.

One of the more common religious beliefs about marriage, and indeed still the official position of what is the second-largest religious group in Australia (the Catholic Church, after ‘No religion’), is that divorce is a sin, and consequently people who have divorced should not be allowed to re-marry.

The Marriage Act currently allows churches, and religious celebrants, the ability to refuse to officiate the ceremonies of couples where one or both parties have already been divorced.

However, despite the fact some civil celebrants are Catholic themselves (and therefore may have some qualms about second, third or even fourth marriages), there is no equivalent right for civil celebrants to decline to perform these weddings.

And that seems like a reasonable distinction to make – because civil ceremonies under the Marriage Act are secular, rather than religious, in nature, there is no need to provide civil celebrants with the right to reject divorced people on the basis of their personal religious beliefs.

But, if it is not deemed essential to protect ‘religious freedom’ by allowing civil celebrants to discriminate on the basis of marital or relationship status now, then it should not be necessary to permit discrimination on the basis of sexual orientation, gender identity or intersex status in the future.

Indeed, by comparing the rights of divorced people seeking to re-marry today with the rights of LGBTI couples under any future legislation that seeks to permit all couples to marry, it becomes clear that:

Amendments that provide civil celebrants with the ‘right to discriminate’ against LGBTI couples are not based on protecting ‘religious freedom’, but instead are legislating a right to homophobia, biphobia, transphobia and intersexphobia.

As a result, any legislation that allows LGBTI Australians to get married, but does so on the condition that civil celebrants are able to turn them away because of their personal prejudices, is not marriage equality, it is marriage discrimination.

The Marriage Amendment (Same-Sex Marriage) Bill that was released by the Attorney-General, Senator George Brandis, during the debate on the (traditional) plebiscite way back in October 2016 clearly failed on this front.

Not only did it significantly expand the right of civil celebrants to discriminate against LGBTI couples, it also clarified that defence force chaplains (who are public servants) could reject people on the basis of their sexual orientation, gender identity or intersex status. It even allowed for-profit businesses, run by religious organisations on a commercial basis, to turn LGBTI couples away.

For all of these reasons, the Marriage Amendment (Same-Sex Marriage) Bill was Unacceptable.

It is possible that Senator Smith and others have ‘learned’ from that experience, and that his private member’s bill will look significantly different to the Brandis Bill on the surface. The new ‘protections’ may not even explicitly target LGBTI couples, and instead be couched in more neutral terms.

But the real question will be how it treats LGBTI people in its substance. Irrespective of the wording used, if the legislation allows civil celebrants and/or other wedding-related businesses to treat LGBTI couples differently from, and worse than, divorced people seeking to re-marry today, it is simply homophobia, biphobia, transphobia and intersexphobia in a pretty wedding dress (or tuxedo).

And so, by all means get excited by the possibility that the interminable debate about the right of LGBTI couples to marry in Australia might soon be over. But we should also be on guard against any proposals that provide civil celebrants and others with the ‘right to discriminate’ against us.

We’ve waited long enough for genuine marriage equality. We shouldn’t settle, or be forced to settle, for marriage discrimination.

We should hold off on cutting the celebratory wedding cakes until we know exactly what is in the substance of any Bill, including any religious exceptions it may contain.

Our 7-Year Engagement (and Counting)

Posted on January 23, 2017 by Alastair Lawrie

7 years isn’t just the name of a nauseatingly awful song by Lukas Graham. It also happens to be the length of time that, as of today, Steve and I have been engaged.

On 23 January 2010, after about 18 months together and on a trip to Melbourne, I asked him to marry me. He made me an incredibly happy man when he said, “Of course I will.”

What should have followed were several months of wedding planning – including the inevitable fights over guest-lists, and the small ‘p’ politics of who sits at which table (or, more likely in our case, arguments over the music play-list).

What has followed has been seven years of advocacy – of fighting for the right just to be treated the same as other Australians, and the capital ‘P’ politics of trying to change the ALP national platform, then attempting to make that platform binding, of resisting an unnecessary, wasteful and divisive plebiscite, and finally of arguing for Commonwealth Parliament to actually hold a vote on marriage equality, instead of countless inquiries and endless delays.

It’s fair to say that, after seven years of campaigning for change, Steve and I are becoming increasingly frustrated by the inability of our so-called leaders to pass this reform. After all, it should take seven seconds, rather than seven years, for most people to recognise that all couples deserve to be treated equally under the law, irrespective of their sexual orientation, gender identity or intersex status.

It’s also true to say that many lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians are feeling worn out, and worn down, by the ongoing battle, of having exactly the same conversations, with the same nonsensical responses by those against marriage equality, ending in the same result: yet more inaction.

There is a real risk that many in the LGBTI community, not to mention our family members, friends and allies, will find this debate increasingly tiresome (I know that, even as someone who is clearly passionate about this topic, I am starting to find writing about it somewhat tedious).

To a large extent, that is what our opponents want. They would love nothing more than for people who support marriage equality to become depressed about the lack of tangible results to date, and to consequently give up the fight.

Groups like the Australian Christian Lobby lost the policy argument a long time ago – they are now engaged in a war of attrition, hoping that, if this issue sits in the too hard basket for long enough, it will disappear from the political agenda altogether.

We can’t afford to let that happen. As annoying as it is – as boring as it is – we must start the year in exactly the same way we started last year, and the year before that, and the year before that (plus several more besides).

By writing letters to, and calling, our MPs and Senators, by using traditional media, and social media, to keep marriage equality in the spotlight, by marching, and protesting, by making a noise, and generally making a nuisance of ourselves.

Our 226 elected federal representatives must be constantly reminded that we will not go away until this, the simplest of reforms, is finally passed.

It could even happen this year. All it would take is for Malcolm Turnbull to demonstrate the leadership that many once hoped he possessed. Or for the Liberal party-room to decide the issue has dragged on long enough, and by holding a conscience vote. Or even for a small handful of Liberal MPs and Senators to decide this is something worth crossing the floor over.

Of course, marriage equality may not happen this year either. It could be delayed until 2018, 2019 or even longer. But no matter how much time it takes, we will continue pushing until our parliamentarians catch up to where the Australian population has been for some time.

In the meantime, there are literally tens of thousands of couples just like Steve and I who are essentially stuck in limbo, unable to do the basic things other engaged couples do: pick a wedding date, book a venue, and send out invitations (to those who make the agreed-upon final cut anyway).

We are reminded of this discrimination every time a day like today rolls around – the anniversary of an engagement that was happily entered into, but that has been unhappily, and involuntarily, extended by our government.

On a personal level I must admit I am finding this particular anniversary – our 7-year ‘engagement-versary’ – to be a particularly frustrating one, and just a little bit odd too.

It is weird to consider that we have now been engaged so long there is even a popular myth – at least partially backed up by research[i], as it turns out – that this is the time at which many married couples actually start to divorce.

And it’s a strange event to ‘celebrate’ – or at least commemorate – when you would prefer to be able to reflect on your wedding instead (as an aside, if we were married, the traditional 7-year gifts are wool, or copper – does that mean I should be buying Steve a nice new jumper?)

It is probably fitting that I will spend our anniversary at work, listening in the background to yet another Senate Committee hearing discussing whether couples like us should have the ability to marry – and, if we do, what new special ‘rights’ civil celebrants, religious bodies and others should have to discriminate against us[ii].

If I had the opportunity to address that Committee, I’d let them know how large a difference they could make if they just made a small change to the Marriage Act, thereby allowing Steve and I – and thousands of couples just like us – to exchange wedding vows.

I’d finish my testimony by making my own vow, on behalf of Steve and I – that I will not stop fighting until our relationship is finally treated equally under the law. Because one day, hopefully not too far in the future, we deserve the right to celebrate our first wedding anniversary, and not our 8^th, 9^th or even 10^th engagement anniversary.

Steve (left) and I on the January 2010 trip to Melbourne during which we got engaged. 7 years later and I only love him more.

Footnotes:

[i] New York Times, Study Finds a 7-Year Itch, and a 4-Year One, 5 October 1999.

[ii] The Senate is holding an inquiry into the Marriage Amendment (Same-Sex Marriage) Bill, with the first hearing, in Melbourne, held on Monday 23 January. Full details of the inquiry can be found here.

If we want genuine marriage equality, we’re going to have to fight – & write – for it

Posted on January 7, 2017 by Alastair Lawrie

2017 might be the year that Australia finally introduces marriage equality[i].

If it is, it will only be because lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians, and our families, friends and allies, have fought long and hard to make it happen.

However, there is also a very real risk that we end up with something less than genuine equality.

This is because there are some members within the Liberal National Coalition who are willing to support the right of LGBTI couples to marry, but only on the condition that new special rights to discriminate against us are included in any amendments to the Marriage Act.

That is simply not good enough.

As the US Supreme Court found more than 60 years ago[ii], separate but equal is not equal. And so we must reject any attempt to impose a 2^nd-class system of marriage for LGBTI Australians, where we can be treated differently to cisgender heterosexual couples, merely because of who we are.

In the same way that we have fought, and continue to fight, for the right to marry, we must also fight for the right to marry equally.

The battleground for this campaign is the Government’s Exposure Draft Marriage Amendment (Same-Sex Marriage) Bill, released in October 2016. This is the legislation that the Government would have introduced had its (unnecessary, wasteful and divisive) plebiscite been held, and had it been successful.

While the Bill allows any two people to marry – and therefore would provide LGBTI Australians with the ability to finally tie the knot – it also proposes four new special rights to discriminate against any relationship that is “not the union of a man and a woman[iii].” This includes:

A specific provision allowing ministers of religion to reject LGBTI couples, and only LGBTI couples[iv] – even though ministers of religion can already reject any couple for any reason. That means this clause is both unnecessary, and unfairly targets our relationships.

An entirely new right for civil celebrants to reject LGBTI couples, and only LGBTI couples[v]. No other section of the Marriage Act 1961 currently allows these celebrants to discriminate. This homophobic provision is especially concerning given three out of every four weddings in Australia are conducted by civil celebrants.

A specific provision allowing ‘religious bodies and organisations’[vi] to deny facilities to, and withhold goods and services from, LGBTI couples, and only LGBTI couples[vii]. This has been included despite existing religious exceptions to anti-discrimination laws, at both Commonwealth and state and territory level, and applies even where these groups are engaged in commercial enterprise.

A new right for Defence Force chaplains to reject LGBTI couples, and only LGBTI couples[viii]. This is despite the fact these chaplains are public servants, paid for by all taxpayers – including LGBTI Australians – and that they are expected to “administer spiritual support to all members, regardless of their religion” (emphasis added)[ix].

None of these new special rights to discriminate against LGBTI couples are necessary. All are completely unjustified. All must be challenged.

Fortunately, this Bill generally, and these proposed new ‘religious exceptions’ specifically, are currently the subject of a Senate inquiry.

The Select Committee examining this Bill has called for public submissions, which close next Friday (13 January). Full details of the Inquiry, including how to lodge, can be found here.

I encourage you to make your own submission, calling for the Committee, and ultimately the Parliament, to reject these four new special rights to discriminate against LGBTI couples.

In doing so, you could make the following two main points:

This Bill is NOT marriage equality

While the Marriage Amendment (Same-Sex Marriage) Bill would allow LGBTI couples to finally marry, by including new special rights to discriminate against LGBTI couples – and only LGBTI couples – the Bill actually establishes a 2^nd-class system of marriage for some Australians based on their sexual orientation, gender identity or intersex status. ‘Separate but equal’ is not equal – which means this Bill would not deliver genuine marriage equality.

The exceptions included in this Bill do not protect religious freedom, they promote homophobia and transphobia

There are a variety of different religious beliefs about marriage. Some people believe only cisgender heterosexual couples should be able to marry[x]. Others do not believe in divorce, and therefore oppose the right of people to participate in second (or subsequent) weddings. Some even continue to hold the (once widespread) belief that people of different faiths should not marry.

If the Marriage Amendment (Same-Sex Marriage) Bill reflected genuine concerns about protecting ‘religious freedom’, it would allow civil celebrants, religious bodies and organisations and Defence Force chaplains to discriminate against divorced people, or against inter-faith couples[xi].

The fact that it does not, and that it establishes new special rights to discriminate solely against LGBTI couples, reveals the fundamental truth of this legislation: it has very little to do with protecting religious freedom, and much more to do with promoting homophobia, biphobia, transphobia and intersexphobia[xii].

**********

3 Ways to Take Action

If you agree with me, then now is the time to get involved, to get fighting – and writing – to let the Senate Committee, and the Government, know that marriage equality should mean exactly that: equality. And we won’t accept anything less.

Here are three ways you can take action in the next week:

Write your own submission to the Senate Inquiry. As noted above, details on how to do so can be found here. Alternatively, two LGBTI organisations have designed web platforms to make writing a submission easier:

Complete these surveys about the Bill. Both the NSW Gay & Lesbian Rights Lobby and just.equal (& PFLAG Australia) are consulting the LGBTI community about what they think of the proposed religious exceptions. Let them know your views here:

Sign and share this petition to Prime Minister Malcolm Turnbull, demanding that Equal love should not be treated unequally.

Above all, if you think that equal means equal, no ifs, buts, or maybes, then it’s time to get writing…

equalmeansequal-3

Footnotes:

[i] Of course, if Malcolm Turnbull continues to fail to show any leadership on this issue, we might instead be forced to wait until 2019 or 2020.

[ii] Brown v Board of Education, 347 US 483 (1954)

[iii] Interestingly, this phrase would not cover all LGBTI couples – for example, civil celebrants, religious bodies and organisations and Defence Force chaplains would not be able to reject heterosexual couples where one or both members are transgender and where the couple identifies as a man and a woman.

[iv] Proposed sub-section 47(3)

[v] Proposed new section 47A

[vi] It is worrying that these terms are not defined in the Bill, meaning the number of bodies or organisations allowed to discriminate against LGBTI couples could be high.

[vii] Proposed new section 47B

[viii] Proposed new note to section 81

[ix] For more on why these new special rights to discriminate must be rejected, see The Marriage Amendment (Same-Sex Marriage) Bill in Unacceptable.

[x] Of course, they should not be able to impose that belief on others through secular law.

[xi] I am not arguing for either to be made lawful, merely highlighting the double-standard that lies at the heart of the Marriage Amendment (Same-Sex Marriage) Bill.

[xii] The Government, having revealed its (homophobic) intentions, also cannot now turn around and extend these new special rights to discriminate against divorced people and inter-faith couples because they will only be doing so to ‘cover up’ the anti-LGBTI nature of its original legislation.

It’s time for Moderate Liberals to speak now, or forever hold their peace

Posted on November 20, 2016 by Alastair Lawrie

Commonwealth Parliament returns this week, for the final sitting fortnight of the year.

During the previous sitting week, on Monday 7 November, the Senate finally killed off, once and for all, Tony Abbott and Malcolm Turnbull’s proposed plebiscite on marriage equality.

The welcome actions of Labor, Greens and Nick Xenophon Team Senators, and even Derryn Hinch, have spared the country from what would have been an entirely unnecessary, fundamentally wasteful and inevitably divisive public vote on the human rights of a minority group.

In doing so, they have also ensured that the public, and political, pressure to finally pass marriage equality sits squarely where it should have been all along – on Liberal and National MPs and Senators.

After all, they are the ones sitting on the Government benches, meaning they shoulder the responsibility to introduce legislation to treat all couples equally, irrespective of their sexual orientation, gender identity or intersex status.

From now until the next federal election, likely to be held in the 1^st half of 2019, lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians should put pressure on Coalition parliamentarians to fix this mess.

More specifically, we will need to target one of the three main groupings within the Government, the cohort who are more likely to be receptive to our messages – Moderate Liberals.

It is difficult to see the other two ‘factions’ changing their respective tunes. National Party MPs, who are supposed to represent all people in rural and regional areas, have instead shown themselves completely uninterested in the relationships of the many LGBTI couples that live in their electorates.

In fact, the old ‘Country Party’ rump of the Coalition have been so determined to delay and potentially defeat marriage equality that they included the plebiscite as a core component of its formal agreement with Malcolm Turnbull when he became Prime Minister in September 2015.

Apparently, it is far more important to spend at least $170 million, and probably more than $200 million, on a non-binding opinion poll, than on meeting the health, education and infrastructure needs of non-metropolitan Australians.

The other major grouping within the Coalition – Conservative Liberals – are even less interested in recognising the human rights of LGBTI people. They would prefer just to see marriage equality blocked, and only agreed to holding a plebiscite under then-Prime Minister Tony Abbott because they saw it, correctly, as a stalling tactic.

With the plebiscite now dead, the terrible Tory trio of Abetz, Bernardi and Christensen, and their factional colleagues, are comfortable in seeing this issue left off the political agenda – from their perspective, hopefully permanently.

All of which is to say that the only hope of passing marriage equality in the remainder of this term rests with what is, in 2016, perhaps the smallest and least powerful of the Coalition groups – Moderate Liberals[i].

These MPs and Senators are the only ones within Malcolm Turnbull’s Government who could foreseeably take any action on marriage equality, at least in the short-term.

That’s because, if they are genuinely moderate in their beliefs, they are likely to understand the following three things:

There is no justification for discrimination against people solely on the basis of their sexual orientation, gender identity or intersex status under secular law – and that includes in the Marriage Act 1961.

The plebiscite was the wrong process to achieve marriage equality. Not only was it unacceptable to the vast majority of LGBTI people, it also contravened the traditions of Australian democracy[ii], which has only ever witnessed three national plebiscites, and none on substantive policy for almost a century, and

Most importantly, LGBTI Australians have already waited long enough (far too long actually) for their relationships to be treated equally under the law, meaning a parliamentary vote should not be delayed until 2019.

But, while they may understand these points, the real question is: What will Moderate Liberal MPs and Senators now do about it?

Will they stand up for their principles and push for a parliamentary vote, or will they continue their modus operandi from the past ten to 15 years and adopt the path of least resistance against their National Party and Conservative Liberal counterparts, by maintaining their official support for the discredited plebiscite?

Unfortunately, the signs to date are not encouraging. North Queensland LNP MP, Warren Entsch, who has pushed for marriage equality inside the Coalition for several years, has indicated that he is choosing right now, when we arguably need him most, to ‘give up the fight’[iii] on this issue for the remainder of this term.

He has, in effect, walked away from the LGBTI community rather than walking five metres across the chamber floor to vote for reform.

Disappointingly, few if any of Entsch’s colleagues have so far suggested they are interested in picking up where he left off.

Warren Entsch, introducing his private member’s bill for marriage equality in 2015. Sadly, it seems he is unwilling to even vote for equality for the next two and a half years.

What would we ask them to do if they were ‘ready and willing’? There are two ways in which Moderate Liberals could progress marriage equality this term.

The first, and most challenging, path would be for them to push for a conscience vote inside the Liberal Party room (and in the absence of National MPs and Senators who, as Christopher Pyne accurately pointed out, were included by Tony Abbott in August 2015 as a means of ‘branch-stacking’ against equality).

Their arguments would be strong – the Government has tried and failed to implement its election policy (to hold the plebiscite), so it needs to find another way to recognise the legal equality of LGBTI relationships. A free vote also has the benefit of being far more consistent with the past practices of Australia’s main right-of-centre party than a public vote.

But they would also face strong resistance, led by PM-(again)-in-waiting Tony Abbott, among others, meaning it is unclear what the outcome would be.

If they failed, the second way in which Moderate Liberals could help pass marriage equality would be by ‘simply’ crossing the floor.

It would only take one or two principled Senators to secure passage in the Upper House, and probably only a small handful of MPs, perhaps half-a-dozen, to do so in the House of Representatives.

In the absence of a Prime Minister, Ministers or Assistant Ministers who were prepared to give up their positions of power for the sake of the human rights of their fellow citizens, they would all need to come from the backbench. And, by taking such a step, these backbenchers would know they were potentially jeopardising any future advancement within the Party.

It is unclear whether there are enough Coalition MPs and Senators to make that crucial difference. But, it is incredibly important that Moderate Liberals find these numbers, one way or another.

Not just for lesbian, gay, bisexual, transgender and intersex Australians, and our family members and friends, who have already endured 12 years – and counting – of John Howard’s homophobic, biphobic, transphobic and intersexphobic ban on our weddings.

It is also important for the future of Moderate Liberals themselves.

Make no mistake, this is a fundamental test for the section of the Liberal Party who identify as moderate, even ‘progressive’, on social issues.

Their ‘slice’ of the Coalition has been diminishing for decades, and their influence has waned noticeably from even the time when I was growing up.

On many issues, from the (mis)treatment of people seeking asylum, to the prioritisation of ‘national security’ over civil liberties, and even their growing obsession with section 18C of the Racial Discrimination Act, they are now almost indistinguishable from their National Party, and Conservative Liberal, colleagues.

So, if they cannot stand up to the rabid right-wing on this, a straight-forward question of inclusion versus discrimination – a clear-cut choice between granting human rights or actively denying them – it is difficult to see them standing up on anything.

If Moderate Liberals fail to ‘deliver the goods’ on marriage equality by the time the next election rolls around, it will be tempting for most Australians to reach the conclusion that they are ‘good-for-nothing’.

And, in my view at least, the public would be right – if Moderate Liberals cannot make progress on this issue before 2019, then they will have demonstrated that they have no place in contemporary Australian politics. It probably won’t be that much longer before they discover they have no place in Commonwealth Parliament either.

All of which means that, if they want LGBTI Australians to be able to walk down the aisle – and if they want to retain their seats on the ‘right’ side of the political aisle – it’s time for Moderate Liberals to speak now, or forever hold their peace.

**********

Footnotes:

[i] Irrespective of their actual factual alignment, for the purposes of this article this grouping includes the four out gay men in the Government: Trent Zimmerman, Tim Wilson, Trevor Evans and Senator Dean Smith.

[ii] The argument made by WA Liberal Senator Dean Smith in declaring that he could not, in good conscience, support the plebiscite enabling legislation.

[iii] Sydney Morning Herald, 11 November 2016, The same-sex plebiscite is dead. So what happens now?

Pride, Pressure and Perseverance

Posted on October 11, 2016 by Alastair Lawrie

I am a naturally introverted person, and someone who is more likely to express an opinion about an issue of public policy, than to wear my heart on my sleeve.

Which means that, when it comes to something like the Sydney Gay & Lesbian Mardi Gras Parade, I am more likely to understand the philosophical importance of ‘pride’ – of a community coming together to express pride in who they are – than to actually feel it. Think more political expression than personal emotion.

But today is different. Today I definitely feel pride, deeply and sincerely, in my community, in lesbian, gay, bisexual, transgender, intersex and queer Australia.

I feel pride not just because of what we as a community have accomplished, but also because of the reasons we took on the task in the first place.

By now you would know that, this morning, the Australian Labor Party caucus formally decided to block Malcolm Turnbull’s plebiscite on marriage equality.

Given the numbers in the Senate, and the already stated positions of the Greens, Nick Xenophon Team, Derryn Hinch and even Liberal Senator Dean Smith, that means the plebiscite’s enabling legislation will not pass the upper house, when it is ultimately voted on (whether that is in a few weeks’, or a few months’, time).

We have, through collective effort, killed the plebiscite. It merely remains to be buried.

I probably don’t need to explain to regular readers of this blog just how hard many, many people have had to work to make that happen – in the face of stiff opposition.

The plebiscite was the policy of not one but two Prime Ministers, and of a (narrowly) re-elected Liberal-National Government.

It had a vocal cheer squad across large sections of the mainstream media, and even many of those who knew it was poor public policy nevertheless urged us to accept it as a supposedly ‘pragmatic’ way forward.

It was, at least initially, popular in the electorate – although now, after we have spent months painstakingly highlighting the fact it is both non-binding, and extraordinarily expensive, it is less popular than Donald Trump.

The Government even had the easiest argument to make – ‘Let the people decide’ – despite the fact using a plebiscite to determine the rights of a minority group is a perversion of Australia’s system of representative democracy.

And it would have been comparatively ‘easy’ to adopt the path of least resistance, to roll over and accept the offer that was on the table, and the possibility it could have led to marriage equality by the middle of next year.

Given we have already been waiting so long for marriage equality, and that there are many couples who have now been engaged for many years, or even decades, waiting to simply be treated equally under Commonwealth law, that may have even been an understandable choice.

But it would not have been the right one. And I am proud we did not make it.

The LGBTIQ community decided, following much debate over the course of several months, not to roll over and ‘put up with’ a fundamentally flawed model put forward by people who clearly did not have our best interests at heart.

Instead, we stood up to say no to their unnecessary, wasteful and divisive plebiscite.

We stood up to say that, given marriage equality is, at its heart, about fairness, the manner in which it is recognised must be fair as well (contrary to Attorney-General George Brandis’ recent bleatings that ‘the ends justifies the means’).

Above all, we stood up to say that, while a plebiscite may have helped some members of our community to have their rights recognised more quickly, it would also have caused real and potentially long-lasting harm to young and vulnerable members of the LGBTIQ community, and to rainbow families.

And that trade-off was unacceptable to us.

Which means that, as well as having the right objective, we were also motivated by the right reasons – and that makes me immensely proud, too.

As an aside, I am also personally satisfied in the small but hopefully meaningful role I played in this much broader collective effort – whether that was by writing multiple submissions and letters to decision-makers, engaging in community education, refining arguments and messaging, conducting my own survey to ascertain community attitudes towards the plebiscite or even designing simple little memes that somehow managed to reach a wide audience.

As with any significant campaign, there are obviously many, many people (too many to event attempt to name here) who have all helped achieve this particular victory. I am just happy to be among them.

Of course, this is not the ultimate success that we crave – the equal recognition of our relationships under the Marriage Act 1961, irrespective of sexual orientation, gender identity or intersex status.

Defeating the plebiscite is just another battle (albeit a significant one) on the long road towards that objective. And there are, unfortunately, plenty more battles left to fight to reach that goal.

Which means that, rather than being able to sit back and rest on our laurels at this point, we must keep the pressure up – just as we have done for the past 12 years.

We must keep the pressure up on Prime Minister Malcolm Turnbull, a man who claims to support the LGBTIQ community generally, and marriage equality specifically. Well, if that is the case, then it is his responsibility to actually demonstrate that support by providing a free vote in the Parliament, so that this issue can be resolved as quickly as possible (and potentially before the end of this year).

And if Turnbull is unwilling or unable to lead on this (and all indications are that he will not show the same leadership that Bill Shorten today has), then we must keep the pressure up on other MPs and Senators within the Coalition who back marriage equality, and encourage them to follow their conscience and cross the floor to support the legislation put forward by Labor and/or the Greens.

Hon Bill Shorten MP Official portrait 20 March 2013

In blocking the plebiscite, Bill Shorten has shown the leadership that Malcolm Turnbull sadly has not.

We must also keep the pressure up on the Government over their proposals, released last night, to dramatically expand religious exceptions as part of any amendments to the Marriage Act – including by providing civil celebrants with the power to effectively put up a sign saying ‘No gays allowed’, and religious-operated businesses and services to turn away LGBTIQ couples.

Anything beyond the existing right of ministers of religion to refuse to officiate a ceremony is unacceptable and must be rejected.

And we must keep the pressure up by continuing to defend our principled stance against the plebiscite.

It is inevitable that many within the Liberal and National Parties will now turn around and blame the LGBTIQ community, and the Australian Labor Party for listening to us, for their failure to achieve marriage equality in the short-to-medium term.

But that view is based on a falsehood – because, if those same MPs and Senators are genuinely interested in resolving this issue, then they should be reminded that they sit in the place where they can do exactly that, by passing legislation in the ordinary way (and in exactly the same way that our rights were denied by John Howard’s Government in August 2004).

For however long it takes us to achieve marriage equality, we will likely need to continue to explain our justification for saying a firm ‘No thanks’ to the plebiscite – and that is because it is unnecessary, inappropriate, divisive, wasteful, unprecedented, bizarre, inconsistent, radical, unfair and dangerous.

Right now, it remains to be seen just how long that wait will be. As indicated above, if Turnbull were to do the right thing and call for a free vote immediately, marriage equality could be passed within a matter of weeks, and LGBTIQ couples could be able to marry by the start of 2017.

Or it could take slightly longer, with sustained pressure forcing the Government to change its position over the course of the next 12-18 months (or compelling enough backbenchers to summon the courage to walk 12-18 feet across the parliamentary chamber to pass the Bill).

It may even be that we will not achieve marriage equality for another three or four years, following the possible election of a Shorten Labor Government – or the Coalition coming to its senses and abandoning the unnecessary, wasteful and divisive plebiscite.

No matter how long it takes, we know that marriage equality will eventually be recognised under Australian law.

Why? Not just because it is the right thing to do. But because of one quality that LGBTIQ Australians have shown, in abundance, since Howard’s unjust ban. A quality that we continue to demonstrate today: perseverance.

Over the past 12 years, we have been let down by multiple Prime Ministers, and Governments of different persuasions. But we have kept fighting.

We have been legislated against, and then largely ignored, and yet we have continued campaigning until we made marriage equality a central issue in Australian politics.

And we have been underestimated, time and time again – most recently about the plebiscite itself (you can bet that most senior figures within the Coalition, and indeed many people in the media, believed that the LGBTIQ community would simply acquiesce to their problematic proposal).

But we have persisted in arguing for what we believe is right and fair, including the fairest way to achieve it.

We do this because it’s personal. Because, while prima facie this is an issue simply of legal discrimination, it is about far more than that.

It is about who we are as people, and our fundamental right, not just to equal treatment under the law, but to dignity and respect.

It is about our relationships, about seeing them be recognised as being as worthy as those of everyone else – and about having the same choices as others, including whether to get married or not (rather than having that decision made for us by 226 people in Canberra).

It is about our families, both the rainbow families who are raising thousands, or tens of thousands, of happy and healthy – and above all, loved – children, and our parents and siblings and extended families, who share the entirely understandable desire that their family members be treated fairly.

And it is about generations of lesbian, gay, bisexual, transgender, intersex and queer Australians still to come, who have the right to grow up in a country that does not discriminate against them simply because of who they are.

For all of these reasons, we will continue the fight for marriage equality for as long as it takes.

We will persevere. Until it is finally done.

Letter to ALP MPs and Senators Calling on Them to Block the Plebiscite

Posted on September 14, 2016 by Alastair Lawrie

Wednesday 14 September 2016

Dear ALP MP/Senator

Please Block the Marriage Equality Plebiscite

I am writing to call on you to cast your vote against Prime Minister Malcolm Turnbull’s enabling legislation to hold a plebiscite on marriage equality.

Given the public declarations by Senators from the Greens, Nick Xenophon Team and Derryn Hinch that they will oppose this Bill, Labor Party MPs and Senators have the power, and I would argue the responsibility, to block Turnbull’s Bill, thereby preventing the plebiscite from proceeding.

Instead, it should be up to parliamentarians from across the political spectrum to debate, and vote on, a Bill that would hopefully make marriage equality a reality – using exactly the same procedure in which the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians were denied 12 years ago.

**********

Even as someone who has studied, been employed in and continues to be engaged with Australian politics, I must admit I knew little about ‘plebiscites’ before the Liberal-National Government first adopted one as their position on marriage equality on 11 August last year.

But there’s a pretty good explanation for that – despite the fact I am (far-too-rapidly) approaching the age of 40, there has not been an Australia-wide plebiscite, of any kind, since I was born.

Of course, given the Turnbull Coalition Government proposes to use this kind of national public vote to determine whether my relationship should be recognised equally under Commonwealth law, I have spent the past 13 months becoming better acquainted with this supposedly ‘democratic’ phenomenon.

In that period I have thought about, and written about, the idea of plebiscites generally, and the proposed marriage equality plebiscite specifically, enough to last a lifetime. And the more I have considered this issue in detail, the stronger my view has become that a plebiscite is an entirely unsuitable means to determine the human rights of LGBTI Australians.

From my perspective, and reflecting the multiple blog-posts, submissions and letters to politicians I have written about the plebiscite over that time, there are ten main reasons why I believe it should be blocked:

A plebiscite is unnecessary[i]

The High Court has already determined that Commonwealth Parliament has the constitutional power to pass legislation introducing marriage equality. There is absolutely no need for a national public vote to be held beforehand, whether that be a referendum, plebiscite or otherwise. Instead, marriage equality should be passed in the same way it was originally banned – through a vote in Parliament.

A plebiscite is inappropriate

The fact that the relationships of some people are not recognised equally under the law, solely because of their sexual orientation, gender identity or intersex status, is a denial of their fundamental human rights. Remedying this injustice should not be dependent on ‘popularity’, thus rendering a plebiscite an inappropriate method to resolve this issue.

Even if the plebiscite was ‘unsuccessful’, the denial of human rights caused by marriage inequality would not disappear, perhaps explaining why LGBTI people will continue to push for the laws to be amended irrespective of the result.

A plebiscite is divisive

Some people (aka Prime Minister Malcolm Turnbull) have argued that the plebiscite will involve a ‘respectful’ debate between proponents and opponents of reform, who, when the votes are tallied, will all accept the outcome, with the overall process bringing the nation closer together.

I disagree. It will instead see LGBTI Australians forced to publicly ‘beg’ for our rights, in the face of anti-equality campaigners, such as Australian Christian Lobby Managing Director, Lyle Shelton, who have repeatedly demonstrated their willingness to denigrate LGBTI people and our relationships (with Mr Shelton linking same-sex parenting with the Stolen Generations on multiple occasions, comparing the introduction of marriage equality and the Safe Schools program with the rise of Nazism, and inciting ‘bathroom panic’ against trans women[ii]).

It is, at-best, naïve (and, at-worst, wilfully ignorant) to suggest that, after three-to-six months of divisive debate, with the worst kinds of homophobia, biphobia, transphobia and intersexphobia thrown about by people like Mr Shelton, the passions and prejudices whipped up by the plebiscite will ‘magically’ subside.

A plebiscite is wasteful

It is difficult to think of many examples where the Government, any Government, is willing to spend several months, and at least $170 million, doing something it could do for free, in a matter of weeks. That is exactly what the Turnbull Liberal-National Government is proposing, wasting time and money on a plebiscite when a Parliamentary vote could resolve the issue by the end of October. At no cost.

The money involved could be better spent on literally almost anything else, including:

Resettling an extra 2,297 refugees from Syria and Iraq
Supporting an additional 1,975 postgraduate students
Hiring 477 more registered nurses over four years
Employing an extra 578 teachers in public schools, or
Funding the Safe Schools program 20 times over.[iii]

If Turnbull and his Treasurer Scott Morrison were serious about ‘restoring the nation’s finances’, they could even use this money to reduce Government debt[iv], rather than throwing it away on an exercise that is basically a national opinion poll, one that isn’t even binding on the MPs and Senators putting it forward.

A plebiscite is unprecedented[v]

I mentioned earlier that there has not been a nation-wide plebiscite in my lifetime. The last one – a multiple choice poll to select a new national anthem – was held in 1977 (although its result was not implemented for another seven years). The last plebiscite on a substantive matter of public policy was more than 98 years ago – the second of two plebiscites conducted during World War I regarding conscription. And that’s it, Australia’s entire history of plebiscites in one short paragraph.

There has never been a plebiscite to determine the rights of a minority group. And there is no person alive who has voted in an Australian plebiscite on an issue of substance – indeed, no-one born since Federation has ever voted in one. The decision to hold one, on the issue of marriage equality, is essentially unprecedented in contemporary history.

A plebiscite is bizarre

The fact that there has not been a substantive plebiscite in almost a century means that Australia has managed to negotiate extraordinary amounts of change without the need to hold a national public opinion poll.

We’ve been through numerous wars (including introducing conscription, more than once), economic booms and busts, massive social reforms (such as the rise of feminism, the recognition of Aboriginal land rights and the decriminalisation of homosexuality), and revolutionary change to the institution of marriage itself (with the introduction of ‘no-fault divorce’ in 1975), all without a plebiscite.

In this context, it is downright bizarre that, of all the possible issues that theoretically could have been the subject of a plebiscite since 1917, Malcolm Turnbull and his Coalition Government believe the simple question of whether two men, or two women, can marry is the one worth making the subject of an expensive and time-consuming public vote.

A plebiscite is inconsistent

The Government’s proposed marriage equality plebiscite is entirely inconsistent with recent political history. Or, if we’re being less charitable, it is hypocritical given the actions of the Liberal and National Parties over the past 12 years. This includes not just the banning of marriage equality via an ordinary parliamentary vote in August 2004 – then-Prime Minister John Howard did not hold a plebiscite before introducing his Marriage Amendment Act – but also repeatedly voting against overturning the ban in parliament in the decade since, again without the benefit of a $170 million national public vote.

The only thing that seemed to change before the Coalition’s August 2015 decision to adopt a plebiscite as their policy is the fact that the numbers in parliament shifted, such that, were a free vote to be held, marriage equality would have finally passed. The inconsistent decision to adopt a plebiscite can therefore be seen as a cynical manoeuvre to do more than just shift the goalposts, but to change the rules of the game entirely, solely to avoid defeat.

A plebiscite is radical

An argument regularly made by people pushing a plebiscite is that it is ‘the most democratic way’ to resolve a controversial issue. A clear implication of such a statement is that dealing with these kinds of debates in the ordinary way, via our nation’s parliament, is consequently, ‘second-best’.

Following this logic to its natural conclusion, whenever a controversial matter of public policy arises in future there will be calls for it to be the subject of a plebiscite – and the Liberal and National Parties will have no rational reason to reject these demands. By holding a plebiscite on marriage equality, they are opening the door to plebiscites on issues like euthanasia or, more worryingly, the reintroduction of the death penalty or even ‘banning Muslim immigration’.

A plebiscite on marriage equality is therefore not a conservative position – in fact, it is an extremely radical view, one that could potentially change Australia’s entire system of Government, and not for the better.[vi]

A plebiscite is unfair

Another argument against the plebiscite was perhaps best articulated recently by former High Court Justice Michael Kirby, and that is to note it is a process that is inherently unfair on Australia’s LGBTI community:

“[I]t’s a discriminatory step. It’s a step that is designed by those who propose it in the hope of defeating and delaying equality for citizens. It’s unfair to people who are of a different sexual orientation or gender identity and it’s a bad precedent for our law-making.”[vii]

The imposition of a plebiscite in order for LGBTI people to be treated fairly under secular law is a hurdle that has not been placed in front of any other minority group in order for them to attain equality. Erecting this barrier is effectively singling out people on the basis of their sexual orientation, gender identity or intersex status for differential, and detrimental, treatment.

It is particularly offensive given the issue of marriage equality, at its core, is about fairness, fairness to LGBTI people and to our relationships. The method in which this issue is resolved should also be fair – a plebiscite is anything but.

A plebiscite is dangerous

Holding a plebiscite on marriage equality is dangerous in (at least) two ways. First, and this is something that is thankfully starting to receive coverage (including by Opposition Leader Bill Shorten in the Second Reading Speech of his private member’s Bill), is that the divisive debate in the lead-up to the vote will be dangerous to young and/or vulnerable members of the LGBTI community, as well as to the children of rainbow families.

Should a plebiscite proceed, it is inevitable these groups will be subjected to hate-speech, and personal attacks. It is sadly also inevitable that, for some, it will have a negative impact on their mental health, including causing or exacerbating depression and, tragically, possibly leading some to take their own lives.

A plebiscite is also dangerous because it has the potential to lead to violent attacks on the LGBTI community. No, I am not talking about a tragedy similar to the recent heart-breaking events in Orlando. But I am talking about the more ‘everyday’ heart-breaks of homophobic and transphobic assaults, as well as the rise of hate-groups opposed to the mere existence of LGBTI people.

Two recent examples spring to mind here. The first was a shocking incident from February this year where a young man, who happens to live in the same apartment complex as my fiancé and I, was the victim of two homophobic assaults on the same night.[viii]

After being ‘gay-bashed’ by a group of people nearby he was assisted back to our block by a ‘good Samaritan’ who, upon discovering he had a boyfriend waiting upstairs (rather than a girlfriend), said “you’re one of those fags ya f**king queer c**t”, turned on the young man and hit him in the face. I challenge anyone, anywhere, not to be horrified that this sequence of events could occur in 2016.

The second example was the counter-demonstration to the 25 June marriage equality demonstration outside Sydney’s Town Hall, where a small, but obviously well-funded and well-organised, group shouted ‘paedo scum, protect our young’ loudly and insistently across George Street. I’ve been a regular attendee of marriage equality rallies since the first anniversary of Howard’s ban, but in those 11 years have never seen anything like it.

In this context, when people can be the victims of multiple acts of homophobic violence on the one night, and where homophobic and transphobic hate-groups are emerging (or re-emerging), I would argue it is grossly irresponsible to hold a vote that can only inflame the situation. Turnbull’s plebiscite is the spark that could ignite an explosion of hate-crimes, and he should call it off.

**********

Based on the thousands of words I have written in the 13 months since the plebiscite was first announced, and the couple of thousand more included above, my fiancé Steve and I both arrived at the same conclusion: that the plebiscite should be blocked, even if that carries with it a risk that marriage equality could be delayed as a result.

We have been together for more than eight years, having met in August 2008. And we have now been engaged for more than six and a half years, after Steve made me an extremely happy man by replying “Of course I will” to my proposal in January 2010.

At the time, we knew that it would take several years for the legal situation in Australia to change, and therefore accepted (or at least acknowledged) that we would be ‘waiting’ some time for the day when we would walk down the aisle. On an optimistic day, we thought we would probably be married by now: on a pessimistic day, perhaps not until later this decade, or even 2020.

But we didn’t envisage that in 2016 we would be comparatively so close to achieving equality, while simultaneously being so far way. And by that I mean that the numbers clearly exist in Parliament for marriage equality to be passed today – but the Turnbull Government will not allow that to happen unless it holds an unnecessary, inappropriate, divisive, wasteful, unprecedented, bizarre, inconsistent, radical, unfair and frankly dangerous plebiscite beforehand.

Anyone with any amount of empathy would understand that, given the length of time we have already waited, we are becoming increasingly desperate to finally have the chance to marry our partner, in front of our families and friends, in exactly the same way that my brother and sister have already married theirs. Ideally, we want to be able to say “I do” while both of our grandmothers are still alive, and at some point before or on our 10 year anniversary, in August 2018.

But, we are not so desperate that we are willing to accept a fundamentally flawed process, designed by people and organisations that clearly do not have our best interests at heart, and imposed upon LGBTI Australians in a way that no other group has been forced to endure.

And we are not so focused on our own happiness that we are prepared to ignore the potential harms to young and vulnerable LGBTI people, who are yet to come to terms with their sexual orientation or gender identity or intersex status in a country, and a world, in which they are still told, far too often, that who they are is not okay. And who would have to hear that message frequently, for months on end, if the plebiscite goes ahead.

Because Steve and I have both been that teenager, alone and in the closet, struggling to make sense of the homophobia coming from schools, and families, and politicians, and the media – and we owe it to those kids in the same situation now (as well as to our younger selves) not just to tell them that “It gets better”, but to make sure that it actually does get better.

That’s why we made the joint decision that we would rather wait even longer for our own right to get married if it means that these harms to others could be lessened, or even avoided altogether. And we remain proud of our choice.

**********

Of course, it is not just Steve and I who are affected by these discriminatory laws, or who would be impacted by any move to block the Government’s proposed plebiscite on marriage equality. As you are no doubt aware, there are literally tens of thousands of couples in similar situations right around Australia.

And the impact of any decision which has the potential to cause a delay in the recognition of marriage equality will be even greater on some of these, depending on their age, health and other factors. There are of course some couples for whom a delay will mean, tragically, they do not get the opportunity to marry their own partner before their death(s).

Cognisant of this fact, and recognising that calling on political parties to block the plebiscite even if this has the consequence that marriage equality may not be achieved during this term is a ‘big ask’, I decided I could not actively advocate this view to members of the new Parliament without first ascertaining the views of other members of the LGBTI community.

Following the federal election on Saturday 2 July, I designed a short online survey, which included a range of questions of which the central one was this:

“What do you think should be the LGBTIQ community’s approach to the proposed marriage equality plebiscite?

Block it, if possible – because it is unnecessary, wasteful and will cause harm to the LGBTIQ community, even if there is a risk marriage equality will not be passed for another 3 years as a consequence.
Accept it, and fight to win – because, following the re-election of the Turnbull Government, holding the plebiscite may be the clearest path to achieving marriage equality, despite the potential for harm to the LGBTIQ community.
Wait to see the details – because the plebiscite may or may not be acceptable, depending on the question asked, the criteria for success and the extent of ‘religious exceptions’ that are included.”

The survey was distributed, from 17 to 31 July, via my website[ix], through social media, via paid advertisements and by direct contact with networks to ensure there were responses from across the LGBTIQ community. It ultimately received 1,140 completed responses, including 840 from LGBTIQ people.

The results of this survey were totally unambiguous:

Block it, if possible: 786 respondents or 69%
Wait to see the details: 231 or 20%, and
Accept it, and fight to win: 123 or 11%.[x]

This outcome – two thirds or more of people wishing to see the plebiscite blocked, even if it meant marriage equality may be delayed – was replicated across nearly all demographic groups, including lesbian (75.4% block), gay (66.4%), bisexual (69.5%), transgender (71.4%) and queer (75.8%) respondents, as well as the parents in rainbow families (73.3%).

In fact, the only cohort that was somewhat lower than this figure was from non-LGBTIQ people who completed the survey – of whom ‘only’ 62.7% wished to see the plebiscite blocked, compared to 71.2% of respondents from within the LGBTIQ community.

Despite this, it is instructive to observe that those who have the most to gain from the recognition of marriage equality, but are exposed to the greatest risk from the process, and who have therefore probably considered the issue in the most detail, are more likely to oppose it than others who support marriage equality but who have less personally at stake.

Based on these results, as well as the results of recent surveys from other organisations (including PFLAG Australia, just.equal and GetUp) which have reported similar results, I have absolutely no hesitation in calling on you, as ALP members of the House of Representatives and Senators, to exercise your vote to block the plebiscite.

Steve and I want it. The majority of the LGBTIQ community want it. It is the right thing to do. And, I believe, it is the only fair thing to do in the circumstances.

**********

But you do not need to take my word for it. As part of my survey on the plebiscite described above I included a question inviting respondents to explain their decision – specifically, to outline why they wanted to block, accept, or wait to see the details of, the plebiscite[xi].

I include with this letter a document containing all of the 725 answers provided by the 786 respondents who indicated they wanted the plebiscite to be blocked:

Survey Results Part 2 Block – Reasons

They are passionate, thoughtful and eloquent (far more eloquent than this letter) explanations for why the idea of waiting another three years for marriage equality, even though we have waited far too long already, is a far more appealing option than engaging in a bitter and nasty public debate. I encourage you to read as many of them as you have the time to before you meet to determine your caucus position.

However, and noting that it is a near impossible task to choose some people’s intimate responses over other, equally-personal explanations, I will highlight a few of the answers which I found most affecting:

“Block, even though I am 66 and another 3 yrs wait or longer is unacceptable. I will marry in May next year, here if possible, if not in the US. The date is set. Public votes are very divisive, and there will be so much harm done, even if we win, that I simply cannot support it. It also sets a very dangerous precedent, subjecting people’s rights to a vote.”

“I think we should block the plebiscite because it is unnecessary, wasteful and divisive. The homophobic and transphobic debate that precedes it will cause real harm to young and vulnerable LGBTI people. Parliament should do its job to protect them from, rather than expose them to, abuse.”

“If I were bombarded at 17yrs by the kind of rhetoric we are likely to see spouted in the lead up to the plebiscite, I likely would have killed myself. We are killing ourselves fast enough without extra help.”

“I think we should block the plebiscite because it will encourage hate speech, it may lead to violence against homosexual couples and their children, it may cause even more same-sex attracted teens to contemplate suicide, it will be a waste of money, and even if the vote is overwhelmingly in favour of marriage equality, politicians still have the option to vote against it so it’s not legally binding and doesn’t actually mean anything anyway.”

These three comments from trans respondents should be mandatory reading for anyone who, in September 2016, still supports a plebiscite:

“As a visible member of the transgender community I believe the plebiscite will be used by homo/bi/transphobic bigots to spread hate which will have a direct impact on my safety. I have experienced verbal and physical harassment in the recent past as a direct result of hate speech in the media and link it to an anti- safe schools television debate the night before. Visible trans, gender non conforming and queer people will be most at risk if the ACL is given a free-for-all platform. It’s easy to say yes to the plebiscite if you’re not at risk of experiencing violence.”

“I think we should block the plebiscite because it gives angry fringe members of a powerful majority a soapbox to use to hurt our most vulnerable members. Marriage equality is important, it’s our right and we know that having it improves the mental health of queer people, but we also know that young and questioning members of our community are more at risk than many people old enough and secure enough to be thinking about marriage. Young people trying to come to terms with their identities, struggling to accept themselves and cope with school and life do not need powerful wealthy leaders in society telling them that they are wrong and do not deserve human rights or basic decency. These are people who have been proven time and time again to be at high risk of mental illness and suicide, and we have to stand up for them and protect them. As sad as it is, it is worth forgoing our right to equal marriage, if it protects the young and vulnerable members of our society. It is worth holding off until we can all be validated equally. And so it is not worth giving these bigots an opportunity to attack us.”

“Firstly, I believe it is absolutely offensive that the entire country should have to vote on whether or not I should have the same rights as my heterosexual friends and neighbours. Secondly, as we are already seeing the damaging consequences of creating a platform, via the plebiscite, for homophobic hate speech. Violently homophobic flyers are already being dropped in letterboxes all over the country, and this is only the beginning. I fear for the safety of myself, my partner, and my friends. I fear for the safety of LGBT youth. And for what? A plebiscite will not even bind the government to action. Turnbull promised us equality, and he has utterly failed to deliver on that promise.”

Finally, these five answers from LGBTIQ parents demonstrate more ‘family values’ in a few short paragraphs than the Australian Christian Lobby has shown in a decade of campaigning against marriage equality:

“I do not want to give a platform to people who will turn this into a debate about whether society wants the children of gay and lesbian people. For some weird reason this is exactly what happens every time they start to have their say. My children are 11 and 8 and it is hard enough as it is being the ‘gay mums’ kids in their suburban school. It would be good if the legislation was passed, but I do not want the debate as it will injure my kids’ sense of being wanted in society.”

“Block it because it is unnecessary, expensive and not binding. But mostly because I have three kids and they will be the focus of the ‘no’ campaign. I am extremely fearful of the effect it could have on their mental health and general well-being.”

“It’s enough that my wife and I aren’t legally recognised by the Australian government, we constantly face discrimination daily, but to give the horrible people who are hell bent against my family a platform to spread their hate is ludicrous. Why should I have to explain to my 3yr old that his family is as valid as any other?”

“I think the plebiscite is an expensive, invasive process. I don’t like the idea of my human rights being put to a public vote, and I fear the negative impact a public opinion poll on same sex relationships could have on my 4 year old daughter and other children like her raised in rainbow families.”

“I would rather wait for real equality than expose my 3 young kids to a hate campaign about their families. The hate campaign by the ACL etc is already having a negative impact on my 9, 8 and 6yo kids. I do not want a full on, federally funded hate campaign that we all know is going to be aimed at children. It is wrong. It is not a price I am willing to pay to get marriage equality.”

As I said earlier, these are passionate, thoughtful and eloquent reasons for why so many members of the LGBTI community want to see the plebiscite blocked. I sincerely hope that, even if you do not listen to me, you do listen to them.

**********

Given the failure of the Turnbull Government to provide any information about its proposed plebiscite ahead of the federal election on 2 July this year, LGBTI people responding to my survey indicating they wanted to see the plebiscite blocked were doing so on the basis of principle – essentially saying that, irrespective of any details that might eventually be announced, they did not believe a plebiscite was the right way forward on this issue.

One-in-five respondents did indicate that they wanted to see more details before making up their minds. Unfortunately, on the basis of the Government’s announcements yesterday (Tuesday 13 September) – where they finally added some flesh to the bare bones of their plebiscite – it is highly unlikely many would now be convinced to support their proposal.

That is because there are significant problems with the mechanism outlined by the Attorney-General, Senator George Brandis, and Special Minister of State, Senator Scott Ryan, via their media release and press conference yesterday.

First of all, and the issue that seems to have attracted the most attention, is that the Turnbull Government is proposing to allocate $7.5 million to the ‘Yes’ case, and $7.5 million to the ‘No’ case (bringing the overall cost of this exercise to $170 million), despite the fact that the arguments surrounding marriage equality have been made for more than a decade.

The prospect of the Australian Christian Lobby, Marriage Alliance and Australian Marriage Forum being provided with taxpayer’s money to spread homophobia, biphobia, transphobia and intersexphobia is horrifying to many people, myself included. And the idea of publicly-funded television commercials linking rainbow families with the Stolen Generations, the introduction of marriage equality with the rise of Nazism, or inciting ‘bathroom panic’ against trans women – comments ACL Managing Director Lyle Shelton has made just this year[xii] – is particularly offensive.

But, from my perspective, an even bigger problem with the proposed plebiscite is the question: “Should the law be changed to allow same-sex couples to marry?” This question does not mean marriage equality, because, based on this wording, it would not include many transgender (and especially non-binary identifying people) and intersex people who are currently prohibited from marrying but whose relationships do not fall within the category of ‘same-sex’ couple.

It is possible that this issue will be addressed in the amendments to the Marriage Act itself. But we have not seen the Government’s proposed substantive changes, and do not know when these will be released. Without being satisfied that all LGBTI people will be allowed to marry, I believe it is impossible for people of good conscience to pass the enabling legislation.

Other problems that have already emerged with the details announced yesterday include:

The proposed plebiscite will not be ‘self-executing’, nor will it be binding on any Government MP (with some indicating that they will vote against, irrespective of the result) – which means that, even after spending $170 million and wasting three-to-six months on this exercise, amendments to the Marriage Act will still be subject to a conscience vote (leaving the fundamental question, of what the point of the plebiscite is, unanswered).
While the Government has indicated that the ‘criteria for success’ will be 50% +1 vote nationally, it has also confirmed that results will be reported based on individual electorates and by state or territory, making it easier for MPs and Senators to vote against equality on the basis of their individual constituency, even if the nominated hurdle has been cleared.
The limit on tax-deductible contributions, of $1500 per individual, may prima facie appear fair but in practice disadvantages the ‘Yes’ case, because a number of religious organisations – who do not pay tax to begin with – will still be able to accept donations and spend this money on public advertising promoting the ‘No’ side, and
It has already been revealed[xiii] that, outside of any publicly-funded commercials, there will be absolutely no requirement for ‘third party’ advertisements to be truthful, increasing the likelihood of anti-LGBTI vilification on the nation’s airwaves.

These are just the problems that are already in the public domain. We are still not aware, because the Government has not made the details of its amendments to the Marriage Act itself known, whether it will introduce new ‘religious exceptions’ allowing people to discriminate against LGBTI couples, and if so how broad these new ‘rights to bigotry’ might be (noting that anything beyond the existing right for ministers of religion to refuse to perform a religious ceremony is completely unacceptable[xiv]).

In the same way that the more I considered the idea of a plebiscite, the stronger my personal opposition became, the more that is revealed about Turnbull’s proposed mechanism to conduct this vote, the less it is able to be supported.

**********

In conclusion, I would like to reiterate my call on you, as Labor Party MPs and Senators, to cast your vote against Malcolm Turnbull’s enabling legislation to hold a plebiscite on marriage equality.

Please block the plebiscite because it is unnecessary, inappropriate, divisive, wasteful, unprecedented, bizarre, inconsistent, radical, unfair and frankly dangerous.

Please block the plebiscite because it will inevitably harm young and vulnerable members of the LGBTI community.

Please block the plebiscite in the name of thousands of couples like Steve and I, who desperately want to get married but who are prepared to wait rather than risk seeing that harm inflicted others.

Please block the plebiscite because the majority of LGBTIQ Australians believe that is the right course of action.

And please block the plebiscite, even if there is a risk doing so might result in marriage equality being delayed by three years.

Of course, that does not have to be the case. There is absolutely no reason why 226 representatives of the Australian people, sitting in the House of Representatives and Senate in Canberra, could not debate, vote on and resolve this issue, all before the end of October.

Despite yesterday’s protestations by the Prime Minister, and Attorney-General, and their attempts both to apportion blame and to speak on behalf of gay and lesbian couples around Australia, we are more than capable of thinking, and speaking, for ourselves.

We know who the real roadblock on the path to equality is. We are completely aware of who it is standing in the way of our relationships finally being treated fairly under the law.

It is a Government that, rather than vote on the issue of marriage equality in the ordinary way – in parliament – has instead chosen to engage in a $170 million glorified national opinion that will take up to six months and won’t even be binding on its own MPs.

It is an Attorney-General, and Cabinet, and Party-room, who have engineered a ‘mean and tricky’ process, designed to increase the chances of the plebiscite’s defeat, one which will allow taxpayers’ money to be spent on vilifying LGBTI Australians, our relationships and our families.

And it is a Prime Minister who claims to support marriage equality, but who is not prepared to do so on the floor of our nation’s parliament. Who says he is on our side, but will not actually do anything that demonstrates that commitment. Who is more interested in retaining his job than in recognising the rights of LGBTI people.

They are who I will blame, as will the vast majority of lesbian, gay, bisexual, transgender and intersex Australians, should the current Parliament be unable to pass marriage equality during this term.

So, I implore you to listen not just to me, but to the views of literally hundreds of LGBTI people who undertook my survey, who want you to block the plebiscite.

Please join with the Greens, Nick Xenophon Team and Derryn Hinch in voting against the Government’s enabling legislation, thereby increasing pressure to resolve this issue in Parliament – the same place that prohibited equal treatment of our relationships in the first place.

Please, please, please block Malcolm Turnbull’s marriage equality plebiscite.

Sincerely

Alastair Lawrie

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Will Bill Shorten be the leader that Malcolm Turnbull clearly isn’t?

Footnotes:

[i] For more on the first four arguments raised, please see my submission to the Senate Inquiry which considered this issue in late 2015: No Referendum. No Plebiscite. Just Pass the Bill. https://alastairlawrie.net/2015/08/29/no-referendum-no-plebiscite-just-pass-the-bill/

[ii] For more on exactly how bitter and nasty the campaign is likely to become, please see: Lyle Shelton’s ‘Respectful’ Debate. https://alastairlawrie.net/2016/09/06/lyle-sheltons-respectful-debate/

[iii] For a longer list, please see: 7 Better Ways to Spend $158.4 million. https://alastairlawrie.net/2015/12/22/7-better-ways-to-spend-158-4-million/

[iv] Please also see my 2016-17 Pre-Budget Submission: Save $158.4 million – Scrap the Marriage Equality Plebiscite. https://alastairlawrie.net/2016/02/02/2016-17-pre-budget-submission-save-158-4-million-scrap-the-marriage-equality-plebiscite/

[v] The next four reasons (5-8) are based on the following post: Malcolm Turnbull’s Proposed Marriage Equality Plebiscite is Truly Extraordinary. https://alastairlawrie.net/2016/05/22/malcolm-turnbulls-proposed-marriage-equality-plebiscite-is-truly-extraordinary/

[vi] An argument which at the very least has seen WA Liberal Senator Dean Smith indicate he will not vote for the enabling legislation, although so far he is alone in this position. Brisbane Times, Dean Smith: Not voting for plebiscite is a vote for parliamentary democracy, 13 September 2016. http://www.brisbanetimes.com.au/comment/openly-gay-liberal-senator-dean-smith-wont-vote-on-samesex-marriage-plebiscite-20160913-grf006.html

[vii] Lateline, Interview with Michael Kirby, 26 August 2016: http://www.abc.net.au/lateline/content/2016/s4527742.htm

[viii] Daily Telegraph, Gay man bashed twice in Waterloo: “I’ve never been so scared in my life and I thought I would die”, 23 February 2016. http://www.dailytelegraph.com.au/news/nsw/gay-man-bashed-twice-in-waterloo-ive-never-been-so-scared-in-my-life-and-thought-i-would-die/news-story/f269aa5cb3d623754e7e16109e0a1147

[ix] Please see: To Plebiscite or not to plebiscite? https://alastairlawrie.net/2016/07/17/to-plebiscite-or-not-to-plebiscite/

[x] Please see: Plebiscite Survey Results: Part 1. https://alastairlawrie.net/2016/08/07/plebiscite-survey-results-part-1/

[xi] Please see: Plebiscite Survey Results: Part 2, In your own words. https://alastairlawrie.net/2016/08/21/plebiscite-survey-results-part-2-in-your-own-words/

[xii] Please see: Lyle Shelton’s ‘Respectful’ Debate. https://alastairlawrie.net/2016/09/06/lyle-sheltons-respectful-debate/

[xiii] Guardian Australia, Marriage equality plebiscite ads run by third parties won’t need to be true, 13 September 2016. https://www.theguardian.com/australia-news/2016/sep/13/marriage-equality-plebiscite-campaign-ads-run-by-third-parties-wont-need-to-be-true

[xiv] Please see: Senator Leyonhjelm’s Marriage Equality Bill undermines the principle of LGBTI anti-discrimination. Should we still support it? https://alastairlawrie.net/2014/12/21/senator-leyonhjelms-marriage-equality-bill-undermines-the-principle-of-lgbti-anti-discrimination-should-we-still-support-it/

Plebiscite Survey Results: Part 2, In Your Own Words

Posted on August 21, 2016 by Alastair Lawrie

From July 17 to 31, 2016, I conducted a survey of the LGBTIQ community, and our allies, to ascertain views about Malcolm Turnbull’s proposed plebiscite on marriage equality.

Specifically, the survey asked whether we should:

Block it, if possible
Accept it and fight to win, or
Wait to see the details.

Based on 1,140 responses, including 840 from within the LGBTIQ community, the survey’s main finding was unambiguous: 69% of people wanted to block the plebiscite, compared to only 11% who believed we should accept it and another 20% who would like to see more details before making a final decision.

For full results of the survey, including breakdowns by different demographic groups, see Plebiscite Survey Results: Part 1.

The survey then asked two open-ended, text-based questions.

The first asked: “Please explain why you chose that answer (for example, I think we should block the plebiscite because…/I think we should accept the plebiscite because…/I think we should wait and see because…)”.

The second invited respondents to make additional comments (“Do you have any other comments about Malcolm Turnbull’s proposed marriage equality plebiscite?”).

In this post, I will attempt to summarise the responses to these two questions, broken down by their primary answer (Accept, Wait & See or Block).

Given the large number of responses for Block, I have also included separate sections for responses from LGBTIQ parents, trans people and non-LGBTIQ people (the latter to see whether responses varied depending on whether someone was inside or outside the community).

I have also included the raw data for each of these groups – both their ‘reasons’, and their ‘other comments’ – as attachments. I strongly encourage you to download these documents and read them, some of the answers provided are particularly powerful.

If you do download these documents, you will note that they have been lightly edited. This includes removing expletives, abusive language or threatening comments, as well as comments that name individuals or provide identifying information. Responses in ‘other comments’ that stated ‘No’, ‘Nothing further to add’ or simply referred to their previous answer providing ‘reasons’ have also been removed.

As you will see, typos and other grammatical errors have been left intact, as have several answers which refer to the need (for Prime Minister Turnbull) to ‘show some balls’. While I have chosen to leave these in for now, I would like to make a request for people to find an alternative, non-gendered way to call for courage, or call out cowardice, in the future.

Finally, it should go without saying that I do not necessarily agree with, or endorse, the answers below and/or attached. But they are important responses to read, and to share – because they demonstrate, in your own words, what you want to see happen with the plebiscite and, most importantly, why.

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Accept it, and fight to win

The first group I will analyse are the 123 people who responded to the survey by nominating Accept.

In response to the question “I think we should accept the plebiscite because…” there were a number of pragmatic responses, primarily focusing on the belief that a plebiscite is the only way forward on marriage equality during this term. These responses included:

“Given the reelection of the government I think the plebiscite is going to happen so we need to face reality and get campaigning for a yes just as the no side is actively doing now”, and

“Even though I prefer the passing of a parliamentary bill, I think we should accept the plebiscite and fight to win. This is because I don’t think the LNP will introduce marriage equality legislation without the plebiscite. Without the plebiscite, I think a bill on marriage equality will be put on hold ad infinitum. If Labor or any of the cross-benches introduce marriage equality legislation after having blocked the plebiscite, I think the LNP will oppose it and the proposed legislation won’t be passed. My attitude is, therefore, get it done asap no matter how it’s done.”

However, there were a significant number of responses expressing serious concerns about the possible harms of a plebiscite, including:

“I think the plebiscite is the clearest way forward now. But the campaign coming our way is scary. We need to not only fight to win, but fight clean and support our own!”

“I want the public debate to be over as soon as possible and believe the Australian public will support same sex marriage. However, I am extremely concerned about the harm that will be caused to LGBTQI community and the children of our community including my own, by those opposing the change. I believe it should be a vote in parliament and I do not support such a huge amount of public funding wasted on appeasing those who are opposed to it based on their personal and religious beliefs, as they are not the people affected by the change.”

“I think that we should accept the plebiscite because we have been waiting so long already. Though it will be a ‘bloody fight’ against the religious groups and I am sure there will be some hurtful lies told, I believe that the support is out there from the community to get it over the line. We must all band together for what is right and fair.”

“I would prefer s [sic] parliamentary vote but as the is not likely I accept a referendum but I ask the Govt to show leadership is [sic] stopping hateful comments against LGBTI people”

Other phrases which featured in these responses (and remember, these are people who actually said the plebiscite should be accepted) include:

“I do worry about the hate that will ensue.”

“Worried about harassment of LGBTQI people.”

“Yes, it would be unfair and risk hurting people during the process, but it could lead to marriage equality sooner than blocking it outright on the grounds of it being unjust (which anyone can see that it is)…”

“…[t]here has never been a time when bad things have not been said about our community. We have overcome in the past we will overcome this too”

“If we can get marriage equality through even if it’s a painful stupid process I think it’s important to push for it.”

“I am concerned about the harm to our community and frankly think its rediculous [sic], but if the alternative is not legislating then I’d rather fight to win.”

Ultimately, even those who answered that we should accept the plebiscite would nevertheless prefer a parliamentary vote: “Ideally it would be better for it to be passed without the plebiscite but that doesn’t seem to be an option.”

Download: Survey Results Part 2 Accept – Reasons

In response to the question “Do you have any other comments about Malcolm Turnbull’s proposed marriage equality plebiscite?” answers from this cohort included the following:

“Malcolm Turnbull continues to disappoint and is constantly bowing to pressure from the right in the LNP. Why he is still doing this after winning the election with a House of Reps majority is beyond me. He needs to stand up to the right and take confidence in the fact that he is secure as leader.”

“Waste of money – it’s a glorified opinion poll that gives voice to fear-mongers to disparage LGBTI fellow Australians. Malcolm just be a leader” and

“It is truly unnecessary!!! Malcolm is putting us through hell for no good reason. Howard didn’t need a plebiscite to change the marriage act in 2004, we don’t need one now!!”

Even more disparagingly: “He’s opening a can of worms he’s totally unprepared for. There will be lives lost, and blood on his hands if this is done wrong; which it will be.”

And perhaps most simply, and starkly: “It’s frightening.”

Download: Survey Results Part 2 Accept – Other Comments

As can be seen from the above, many of the people who answered the survey “Accept it and fight to win” did so begrudgingly, and still harbour serious concerns about the plebiscite, including the harm that will likely be inflicted on LGBTIQ Australians as a consequence. These themes are even stronger from respondents in other categories.

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Wait to see the details

231 survey respondents indicated that they wanted to see more details of the plebiscite before deciding whether to support it, or to block it. Their responses to the question “I think we should wait and see because…” were varied. Obviously, a major theme was that there was currently insufficient information on which to make a decision, such as:

“Because the plebesite [sic] may be worded in a way or have exceptions that will clearly make it biased toward being unsuccessful. I fear this would be very emotionally and psychologically damaging for the LGBTQI community. If it [is] a straightford [sic] Yes/No vote for or against Marriage Equality, then I feel confident Australia will vote clearly in favour of equality.”

“I think we should wait for the wording and conditions applied -Regrettably the plebiscite may be the shortest pathway but ONLY if the question and results are not ‘set up’ for it to fail or to provide unreasonable exemptions that would further discriminate against the lgbti community. The preferred pathway of a free parliamentary vote is the best way forward”

“My original position was to support the plebiscite because it does appear to be the clearest and quickest path to marriage equality. That said, there is growing unease amongst my friends that the plebiscite will create a divide within the Australian population… I’m frustrated that politicians have the power to pass the legislation themselves, without wasting tax-payers money on the plebiscite, and I don’t trust the coalition to word the plebiscite in such a way as it will be easily passed… so at this stage, let’s wait and see how they handle it, whilst maintaining pressure on them so the issue isn’t put aside for a later date.”

“I think we should wait and see. The wording of the question of the plebiscite is crucial. If the wording is acceptable, we should fight to win, as it may be our only option. Blocking the plebiscite now doesn’t stop the homophobic/biphobic/transphobic comments, as they have already begun. The sooner this is over with, the sooner people can move on with their lives.”

“I think we should wait and see because the government itself seems to be in a lot of speculation about what to do, and are themselves unsure of what decision they want to make with the plebiscite and what decision they want to make for marriage equality. I believe waiting until they are certain of their decisions will be the safest and most logical course of action.”

A number of Wait & See respondent’s reasons indicated they wanted to see specific details before making up their minds, including:

Whether voting would be compulsory (“If it is compulsory to vote, then it has a good chance of passing. If only optional voting, then it is set up to fail and should be rejected”) and
Whether religious exceptions would be expanded (“Our community has suffered a long time fighting for our rights, we can keep up the fight a little longer if we need to. If there is Anything in the wording to continue exclusionary provisions other than a churches right to not Have to marry a couple then we block it.”)

Several also indicated a desire for the result of the plebiscite to be binding (for example: “I think we should wait and see because the way the question is worded is very important. If they make it binding, and don’t give hate speech exemptions then it is very different to a non-binding vote”), although this is unlikely to be reflected in the enabling legislation.

Another common theme was a distinct lack of trust in the Liberal-National Government generally, and Prime Minister Turnbull specifically, to ‘do the right thing’ in designing the plebiscite fairly, or respecting its result:

“Because the bloody Liberals can not be trusted to word it in such a way that is acceptable – I don’t trust them”

“The Liberal government is untrustworthy. The outcome may not be adopted regardless. If that’s the case the money expended will be wasted. It’s also offensive for all Australians to have a say in a minorities ability to choose the life they lead.”

“I’m deeply concerned that we might – even reluctantly – support a plebiscite only to find that the question has been designed by the hard-right of the Liberal party to ensure an anti-LGBTIQ victory.”

“I need to see the details. I like to think Malcolm Turnbull will engineer a plebiscite to have the best chance of getting up with a minimum of ugliness. I do expect to be disappointed.”

“If the plebiscite is the only way marriage equality can happen in the short term we should have it, however if it is deliberately designed to fail it should be blocked as it will do more harm than it is worth”

A significant number of respondents specifically referenced the failed 1999 Republic referendum (which also featured a certain Malcolm Turnbull, albeit in a very different capacity):

“If the referendum on the republic is anything to go by, the way the question is asked and other details can mean success or failure.”

“Still slim chance sensible free vote in parliament will pass legislation. And I will campaign if plebiscite forced upon us but am cautious about conservative liberals ‘gaming’ the question & circumstances of the process. Fearful marriage equality will follow failed Republic referendum.”

“Australians hate change, opportunities come up to be heard rarely and if the option is no plebiscite and no marriage equality we could be waiting decades. See the republic debate and what happened to that. However how it is framed is important. My preference, just bloody legalise it!!!”

Many respondents in the Wait & See group also explicitly reserved the right to block the plebiscite if it was deemed to be biased against LGBTIQ Australians:

“I think we should wait and see because there is a chance, tho [sic] very small, that the question and process will be fair. Fair would mean by simple majority vote of the whole electorate, with the question posing the option of two people regardless of sex or gender, and the recognition of foreign marriages on the same basis, and no concessions to religious prejudice beyond the current Marriage Act provision for religious celebrants. Realistically this almost certainly means we will be urging our allies to block it.”

“I think we should wait and see because, although the plebiscite is a waste of money and the government should simply grant equal rights to the LGQBTI community, it may be the only way forward at this time. By the same token, the community should not accept any question that does not unequivocally guarantee their rights without pandering to any religious institution”

“I think we should wait and see because it may potentially be beneficial, however we should have the option to veto the plebiscite”

“It is important to have all the facts when deciding what impact a Plebiscite may have. While I agree it is a vast waste of money and may be damaging to our community, if we believe there is sufficient support by individual MPs then there is a chance it will be passed. However if the wording is biased in anyway that confuses the public as to how to answer then I wouldn’t agree to holding the Plebiscite.”

As with respondents who indicated we should accept the plebiscite, many people who answered Wait & See were nevertheless worried about the harms of holding such a national public vote:

“We need more information but a plebiscite is the worst way to change the law. We don’t need a hate campaign. No plebiscite was needed when the Howard government last changed the marriage act.”

“I wory [sic] about possible hate campaigns against communities and the effect that could have on the community and their children. I have a lesbian friend who is really worried about the effect possible negative media could have on their family and especially their children.”

“I personally would like to see no plebiscite. LNP reps have already said they won’t pay any attention to the result but will vote how they want anyway. What’s wrong with a conscience vote? I do not want my family to be subjected to the inevitable torrent of homophobic rhetoric that will be unleashed upon as a part of this plebiscite.”

“The high court has ruled that we can already have same sex marriage it is a waste of money but no one should have to wait 3 years to get permission to get married and the campaigning would be disgusting and maybe very hurtful”

“Although I am fearful of the damage to the emotional wellbeing of myself and others from the debate which I have no doubt will be abusive, I’m hoping that it will bring a larger proportion of my community together to fight this injustice”

“I think the plebiscite is not the ideal path to follow and could give license to people from extreme groups to be quite hateful towards us. However, blocking the plebiscite is likely to delay the marriage equality at least until next election or longer, so I feel we should take advantage of the opportunity even though not ideal. It all depends though on how the plebiscite is worded and the regulations that govern the debate and the advertising guidelines. If these could lead to hateful attacks on LGBTIQ people then I think I would want it blocked.”

“I am honestly worried about how devisive [sic] an issue this could be and that we will see a race to the bottom, but I have to wait to see what the question is before I can decide whether to support it or not. Having said that I am fearful that it will do more harm than good.”

“It’s so difficult to answer this question – it is such a grey issue. Unfortunately the plebiscite may be the quickest path to equality however if it is not binding then it is a waste of time and effort and I suspect that the path to a plebiscite will raise ugly and damaging propaganda from those opposed to equality. Sorry this is not a clearer answer.”

I found this parent’s answer to be particularly compelling:

“I’m a parent of a trans child. I am worried about how our rainbow kids will be used as ammunition for the right wing / no vote. I am already very stressed and upset by the constant attacks on Safe Schools. These monsters are demonising my 5 year old kindy kid for their own political agenda. My heart is breaking every day. On the other hand, I believe with all my broken heart that we ALL have the same rights and our law should recognise that.”

It is no wonder that some respondents believe we should be preparing support services for those who would be adversely affected by the plebiscite campaign:

“Our community should be investing now to mobilise the community towards two things – to fight to win through a neighbourhood street-by-street engagement strategy, and second to ensure people likely to be impacted by a negative campaign (which let’s face it, is most of us) have accessible peer supports. On this latter point, there’s possible value in normalising the understanding of potential for damage and increasing accessibility to support by LGBTI people, by working to embed as a standard feature of reporting the plebiscite debate the usual “if this has raised issues you can contact….””

Based on these responses, many of the one-in-five survey respondents who indicated they want to see more details about the plebiscite before deciding whether it should be blocked or not, start with serious doubts about its details, and its potential benefits. Many also hold seemingly well-founded fears that a plebiscite will cause harm to the LGBTIQ community.

Therefore, while supporters of the plebiscite might see this group as ‘persuadable’, in my view the attached answers (see below) indicate they are more likely to be in favour of blocking it once the final details are revealed.

Download: Survey Results Part 2 Wait & See – Reasons

Similarly strong concerns were also expressed by this group through their ‘other comments’:

“I hate it, I am totally opposed to it. It is unwarranted and he has sold his soul to his right wing. We are already seeing hate mail in letterboxes and it will only get worse. But we as a community need to stand united and come out in huge numbers to support marriage equality”

“Just pass the law already. We don’t need a plebiscite. We just need to do the right thing and pass the law so marriage equality is available for al [sic]. The Government is out of touch with community attitudes on this issue. I am not gay but believe gay people should be free to marry if they choose to. The money could be better spent on other things like education and health care.”

“I feel that Malcolm Turnbull, nor many members of his government can truly ever understand the hurt, stress and anxiety this process is putting on our community. I fear for the wellbeing of our daughter. I don’t want her bullied or to be made less than normal. If we have to go through with it, then at least make it fair.”

“It’s unnecessary. There’s no constitutional need for it. In the current climate of increased rascism [sic] and intolerance the last thing we need is a vehicle legitimising homophobes’ prejudice”

“I genuinely believe any plebiscite will be VERY devisive [sic] and harmful to the psychological wellbeing of LGBTIQ people.”

“its stupid, it’s unnecessary, it’s not something an ally would do, and we’ve been trying to tell you, through various forms of media that this isn’t going to be a positive experience for us, so why do you keep pushing forward with it, I’m beginning to doubt that actually you don’t care about LGBT+ people.”

And two final pleas:

“Just pass the damn thing and let everyone get on with their lives!” (amen) and

“Malcolm I live in your electorate as a gay, single Foster dad of two amazing kids. I deserve the same rights as your other constituents”

We can but hope that the Prime Minister, and his Liberal-National colleagues, listen to their concerns.

Download: Survey Results Part 2 Wait & See – Other Comments

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Block it, if possible – General

786 survey respondents indicated that they want to see the plebiscite blocked because of the potential harm it will cause members of the LGBTIQ community, even if that risks delaying marriage equality by three years (or more). 725 of these respondents provided written answers to the question “I think we should block the plebiscite because…”

Given the size of this cohort, I have chosen to break these answers down by demographic group. Subsequent sections of this post will focus on the reasons given by LGBTIQ parents, trans respondents and non-LGBTIQ respondents.

This section will therefore analyse those reasons provided by lesbian, gay, bisexual, intersex and/or queer people who do not have children (although the attachments will include the reasons and other comments from ALL respondents who believe the plebiscite should be blocked).

There were of course a range of general comments, highlighting the unnecessary nature of the plebiscite – and the inappropriateness of holding such a vote with respect to an issue of fundamental human rights:

“We should not encourage the idea in our society that the rights of a minority group should be decided by the majority. We should demand our government ensures the equality of every Australian before the law.”

“It’s unnecessary, non-binding, and it’s only purpose is to prevent marriage equality and give voice to damaging homophobic hate speech. Our dignity is not a matter of public opinion.”

“I believe that we should block the plebiscite because it will be costly, it will give a platform to the right-winged conservatives to slander the LGBTIQ community- causing severe stress and harm to all LGBTIQ people and their families and even if the plebiscite was to go in favour of Marriage Equality for all Australians there is a chance that the government will not change the law and it will all be for nothing.”

“The plebiscite costs money, costs our integrity, and will cost young people’s lives.”

A number of answers referenced the fact Prime Minister John Howard and his Liberal-National Government did not require a plebiscite to ban marriage equality in 2004, meaning Prime Minister Malcolm Turnbull and his own Liberal-National Government do not need to hold one now:

“I think we should block the Plebiscite, my human rights should not be the subject of a costly non-binding opinion poll. John Howard petulantly changed the Marriage Act in 2004 to explicitly prevent Marriage Equality, and did so without benefit of a Plebiscite. We SHOULD undo Howard’s cowardly vandalism by the same process – Parliament should DO IT’s JOB. Save the cost, save a divisive debate, save the dignity of GLBTQI+ (G.A.Y.) Australians.”

“No plebiscite. Dangerous, divisive, unwelcome intrusion into people’s lives. A plebiscite was not needed in 2004 when Howard changed the definition of marriage, it is not needed now.”

There was also a frequent focus on the wastefulness of the proposed plebiscite – throwing away $160 million that could be better spent elsewhere:

“I think we should block the plebiscite because it will allow hate speech, affect LGBTI+ people and their families, as well as and especially the young people. It will cost a stupid amount of money, there is no point!”

“The fact that the government has zero legal requirement to accept the outcome of the plebiscite renders it entirely pointless. All that it would do is allow anti-gay conservatives a clear platform to spread further hate, extremism and harm; while costing Australia millions better spent supporting those in need.”

“I find the whole thing unnecessary & a huge waste of $$$. Besides, it’s ridiculous, insensitive & hurtful to be voting for something which should not even be an issue. Did heterosexual people need to vote for themselves to have the right to marry?”

“The majority should not be voting via a $160M+ opinion poll on the rights of a minority. Equality can be achieved via a free vote by our parliament. The damage the No campaign will affect on the LGBTQI community will ripple on for years to come and I don’t believe we will really ever unite the general population after ab [sic] Us and Them theme emerges during the campaign.”

“It is a huge amount of money to spend on something that could be easily decided in parliament, and an overwhelming vote of support for marriage equality via plebiscite still does not compel conservative politicians to support it. I’m also deeply concerned about the negative impact of homophobic campaign groups will have on young people in the LGBTIQ community”

But by far the largest number of comments concerned the potential harms that will be inflicted on members of the LGBTIQ community as a result of a 6-month campaign, with a public platform given to extreme elements of society who wish ill on anyone who is not cisgender and heterosexual:

“WE SHOULD BLOCK THE PLEBICYTE [sic] BECAUSE LGBTI PEOPLE FACE ENOUGH HOMOPHOBIA, PREJUDICE AND ABUSE WITHOUT a licence for homophobes to express their discriminatory and bigoted views in a public forum.”

“I think we should block the plebiscite because I worry about the impact a very negative public debate will have on the mental and physical well being of vulnerable members of the LGBTQI community.”

“I think that the plebiscite is divisive and dangerous. I believe it is probable the plebiscite will result in violence against GLBT people and their children. This is unacceptable, even though I believe the plebiscite will likely win a YES for marriage equality.”

“It opens the door to hate-speak which will make me and my relationship seem unnatural and illegitimate. There is no reason why marriage equality shouldn’t be lawful – we don’t expect religious institutions to have to perform ceremonies. No one is pressuring them to do so. I just want to have the same right to marry a woman as I have to marry a man. Love is love.”

In fact, many comments appear to have come from older LGBTIQ people expressing their concern about the impact of the inevitable homophobia, biphobia, transphobia and intersexphobia that will arise during the campaign on younger members of the community. If people believe that the idea of community is dead, these comments comprehensively disprove it – the ethic of care on display here is beautiful, and reassuring:

“I think we should block the plebiscite because it will be extremely hurtful to all LGBTI people to have to listen to the spiteful and hateful comments by the ACL etc at a time when young LGBTI people need support not the world telling them they are less than worthless”

“I think we should block the plebiscite because it gives the ‘no’ campaign too much validity “to be heard”, which is detrimental to young queer kids who are having enough trouble and mental health issues on their own. We already know how the majority of Australians feel about marriage equality, why waste this money just to prove what we already know???”

“We should block the plebiscite because the process will cause serious damage to young SSASGD. We already know that these young people are harming and killing themselves at unacceptable numbers due to the impact of homophobia, transphobia and biphobia. Any decent government that is concerned for the welfare of its citizens should rubbish this idea immediately.”

“I believe the rights of a minirity [sic] group is not something that should be voted on by the majority. The rainbow community and the 100s of kids who are not yet “out” are already such a vulnerable group (particularly at the moment after Orlando) and a plebiscite is opening us up to potential harm.”

“I’m really concerned about the effect of the plebiscite on young people. Already we’ve seen the LGBTI community be dragged through the mud by conservative politicians, this creates a really unsafe atmosphere in schools. I run an anti-bullying organisation [Identifying information redacted] and we hear everyday the way that these conversations are negatively impacting young LGBTI people who quite simply don’t feel safe being themselves.”

“I think we should block the plebiscite because of the welfare of our youth comming [sic] to terms with their sexuality. I feel the negetive [sic] impact from the opinions of the far right will increase the suicide rate. I also think it will be tough on the children of GLBTI parents and promote bullying within schools. It is also a waste of money which could be put into health, education and human rights.”

Some longer explanations for why respondents chose Block neatly capture many of the main arguments presented above:

“I think we should block the plebiscite because it would be divisive hateful & hurtful to the LGBTIQ community. The right wing would vote against marriage equality even if the majority wants it. It would be a total waste of $160 million dollars & is only a delaying divisive tactic on the part of the LNP! NO Plebiscite!! Give me Equal Rights!!! Asking you to give me EQUAL RIGHTS implies they are yours to give. Instead, I must demand you give me the rights all people deserve!”

“The plebiscite is a blatant delaying tactic by the hard right conservatives who will never accept homosexuality as a normal part of human experience, through fear and self-doubt. Allowing or even considering a plebiscite (or even a binding referendum) gives legitimacy to their view that non-heterosexuality is deviant, dangerous and unhealthy. Additionally, a plebiscite (or even a binding referendum) is totally unnecessary, a total waste of public money, and will produce dreadful public vindictive upon us from these people, which will further fuel insecurity – both external (abuse or bashings) and internal (lack of confidence or self-hatred).”

“I believe that holding a plebiscite is likely to increase the rifts within Australia. We have seen the increase in extremist right movements and attitudes against diverse communities such as LGBTIQ and CALD in recent years, and I fear that holding a plebiscite will give further platforms for these voices. I see these voices coming from a minority but worry about the impact on people who fall within the LGBTIQ rainbow, whom as a population are already more vulnerable than those who are not LGBTIQ. I also see the plebiscite as unnecessary and ineffective. Unnecessary because large surveys have shown that the majority of Australians support marriage equality. Ineffective, because it is non-binding on the parliament to follow the outcome.”

“A plebiscite will bring homophobia out into the open even more so than already is. Public debate on this topic is not only unnecessary but downright insulting as it’s nobodies business who people choose to marry. However, public debate will very negatively impact on the mental health of lgbtqia+ young people. block the plebiscite, get politicians to do their jobs and pass marraige [sic] equality rather than wasting money on a vote that many of them have said they’ll ignore anyway.”

“Marriage equality is inevitable, thanks to the hard work, fighting and campaigning of our community! So while I’m not in a rush to get married, I know when I want to it will be a reality. I fear for the younger people only starting to realize their sexual identity that already encounter horrible prejudice and subliminal hate in Australian culture. I view the plebiscite as a government sponsored hate campaign, a delay tool and a political chess piece. To the government these young kids are merely the pawns, a small minority easily sacrificed for their own agenda. I feel for the people that may not have the time to wait to marry but I worry more about the kids who may end up having thier [sic] time cut short”

“I think we should block a plebiscite because it is unnecessary, expensive, divisive, non-binding and potentially dangerous. While I hold serious concerns about Marriage Equality being taken off the table should the potential plebiscite be blocked, ultimately the responsibility of amending the Marriage Act will rest with elected politicians regardless of the outcome. I am also concerned about a potential backlash should we force the Australian public to pay for and participate in this glorified opinion poll. If we read the existing polls, it’s clear that we have majority support already. I believe that all Australians should be treated equally under the law – and so should our politicians. A plebiscite is transparently a stalling tactic introduced by opponents. We are yet to know how the question would be phrased and although I am confident that we have majority public support, should it for some reason be voted down, it’s clear that it would be off the table for discussion for longer than 3 years. I believe that marriage should be a civil right extended to all consenting adults, but an equally important right is that our LGBTI children be spared any unnecessary hate campaign.”

As you may have noticed, there is one argument that has only appeared very sparingly in the comments above (featuring in the very last one) – and that is the fear that the ‘Yes’ case might actually lose the plebiscite. That’s because, of the 725 reasons given (see the attachment below for complete responses), only 17 either explicitly or directly cited the potential for a majority of Australians to vote against marriage equality.

Therefore, while opponents might like to believe the LGBTIQ community is interested in blocking the plebiscite for this reason, it is clear that the primary motivating factor is a legitimate concern about the homophobic, biphobic, transphobic and intersexphobic campaign that they will unleash on us. The ‘fear of losing’ barely rates a mention.

Download: Survey Results Part 2 Block – Reasons

The ‘other comments’ calling for the plebiscite to be blocked also emphasised the same themes – that it should be opposed both on principle, and because of the harm it would cause, especially towards young people:

“I think it is naive to think Australian can have a reasonable public debate on this issue, as evidenced by the safe schools attack. The issue should be resolved like all other sensitive issues, through a vote of parliament.”

“Opponents are sitting on the wrong side of history, and will be remembered for their reluctance to allow a section of Australians full equality under the law. The Howard Liberal Government didn’t need a plebiscite to amend the Marriage Act in 2004, and we don’t need one now.”

“There is no longer even a thin veil of legitimacy to the plebiscite. Public commentary from Turnbull’s peers makes clear that this is a tactic to remove pressure on the LNP to legislate for marriage equality – delaying it. What the LNP appear not to understand is that when we speak of marriage equality as ‘inevitable’ what we mean is that nothing will convince us to stop fighting for it – this has already been a war of attrition for some 12 years. Our political movement will outlive theirs.”

The fear of vilification is widespread:

“I think the fact that the ACL can’t make their case without hate speech is rather telling.”

“If the plebiscite was to go ahead I am afraid as to how much vitriol will be targeted toward LGBTI people and the effect this will have on young people. Nevertheless if a plebiscite does go ahead we must fight for a positive outcome for LGBTI people.”

‘Think of the LGBT+ youth that would be affected through dialogue surrounding this issue. Questioning/struggling youth need to hear words of support, not words of hate.”

“It’s like Brexit. It’s a waste of money, and there will also be a lot of economic cost. The transphobes and queerphobes will attack minorities, and vulnerable people like I was when I was living with family, or vulnerable people who have to engage with conservatives will be unsafe.”

This longer answer sums up what a lot of people are apparently feeling:

“Even though I think we would probably win the plebiscite I against it for three reasons. One I don’t trust the conservatives whose idea the plebiscite was in the first place, it is fundamentally now a stalling exercise and some in the government will never “play fair” when it comes to marriage equality. Two, despite what Turnbull says, having the majority vote for the rights of a minority is not “democratic” and sends a bad message to Australia about what human rights are, who should give them out and who should withhold them. Three, a plebiscite will be divisive and empower people who despise the LGBTI to denigrate us. This will especially dangerous for young and vulnerable LGBTI people and is too big a price to pay for marriage equality. I would rather see equality stalled for three more years.”

And two simple pleas to conclude:

“Everyone should be allowed to marry the person they love. And their marriage is no one’s business but theirs.”

“We don’t want it, we don’t need it, we just want to be treated equally under the law.”

Download: Survey Results Part 2 Block – Other Comments

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Block it, if possible – LGBTIQ parents

In recent months, and especially post the Federal election on July 2, the Australian Christian Lobby and others have stepped up their campaign against marriage equality, with a much greater focus on rainbow families – specifically, by campaigning against LGBTIQ parents, including referring to children being born to these loving families as somehow comparable to the ‘Stolen Generations’.

It is therefore entirely to be expected that some of the most compelling reasons to block the plebiscite have come from LGBTIQ parents. In doing so, many have also highlighted fears for their children, and the harm that they may endure (over and above the potential for harm to the parents themselves).

And, in case Lyle Shelton, the Australian Christian Lobby or others opposed to rainbow families might read this, they should take note: this – expressing care for your children – is what ‘family values’ looks like in practice:

“We should block the plebiscite because the harm done in debating the validity of our relationships, our families and our existence is greater than the harm done by waiting for a free vote.”

“I don’t think we need it we should just legalise now our children deserve for their parents marriage to b [sic] recognised”

“I worry about the plebiscite will unleash a barrage of harmful hate-speech – purely for political reasons. I don’t want to subject myself or our rainbow families to this kind of antagonism. Once there is misinformation and slander against the LGBTQ community, it is impossible to “unsay” these words, even if we win the plebiscite…”

“The harm that it will cause my children and family is not worth the potential to be married. The concept of the majority voting on a minority’s rights is appalling and it is highly offensive, even if it passed with 100% approval, it creates the wrong message.”

“A plebiscite will create so much hate propaganda towards our community, and towards our kids. We don’t need a plebiscite – society wants the change…”

“I think we should block the plebiscite as it means ugly hateful speach [sic] against my family, For something that should be dealt with by parliament, and not a majority voting on a minority’s rights.”

“I think we should wait because I am worried about the negative arguments and how they will effect my kids”

“I think Howard changed the legislation so easily and without a plebiscite so why do we need a plebiscite to change the law again? I think a campaign for a plebiscite puts LGBTIQA lives under the spotlight as no others are and I don’t think that’s acceptable. I also worry about the impact of a plebiscite on our children”

“I don’t want my family to be affected by the discussions that are going to occur while people NOT involved in my family make decisions ABOUT my family! I would rather wait until someone worthy is willing to just make the decision to give us the equality that we DESERVE!”

“Because I don’t think, even if we have the plebiscite, that the current government would follow through on the publics wishes if it was to allow marriage equality. I also believe [the] plebiscite will cause a lot of unnecessary distress to myself and my partner and our son”

As is often the case, the more personal the story, the more persuasive the argument:

“I want marriage equality. But the plebiscite will almost certainly increase bullying, violence and mental health (inc suicides) in our community. I have a 7 year old at school and no one will tell me how they plan to protect her from the plebiscite. But more than that, there are countless young people whose lives could be destroyed by the plebiscite, especially in rural, isolated or highly religious communities. And we already know that even a positive plebiscite result might not lead to marriage equality anyway.”

“I think we should block the plebiscite because it will not definitely give the desired outcome even if the result is that a majority support changing the law to allow us to marry. Also I do not want my 5 year old son to be exposed to the negativity and hate that the opposing side will broadcast in the lead up to a plebiscite…”

“It’s enough that my wife and I aren’t legally recognized by the Australian government, we constantly face discrimination daily, but to give the horrible people who are hell bent against my family a platform to spread their hate is ludicrous. Why should I have to explain to my 3yr old that his family is as valid as any other?”

“I think the plebiscite is an expensive, invasive process. I don’t like the idea of my human rights being put to a public vote, and I fear the negative impact a public opinion poll on same sex relationships could have my 4 year old daughter and other children like her raised in rainbow families”

“I think we should block the plebiscite if possible. My teenage daughters will both be affected by anti-gay comments surrounding a plebiscite and it isn’t fair to put them through that.”

These concerns – about the potential for harm to the children of LGBTIQ parents – are widespread: “I don’t want my children to suffer”, “I think it will be harmful for our children who will see our family being openly discriminated against”, “It is absolutely clear the plebiscite will unleash a torrent of abuse against our community in general, but even more importantly, at our children” and “I am concerned that an anti plebiscite, i.e. anti same sex marriage, campaign would harm my children.”

The following answers pointed out exactly how the plebiscite will impact on their children – through public debates focusing on whether their families are ‘real’ or ‘normal’, or otherwise:

“I do not want my children to be a target of a campaign, any form of a campaign. can anyone involved here imagine if their children to be subjected to debates about whether their families are real or not? can we all take a moment and think about this? we all know that the NO side will target children as an argument. please do not subject our children to torture, do not harm our families.”

“I don’t want my kids exposed to the hate campaign that will be ramped up by the Christan [sic] Lobby – saying my family is disgusting and we are wrong……”

“We have 2 young children & I do not want them exposed to the hate propaganda of us not being defined as a real family in the lead up to a plebiscite vote.”

“I think we should block it because of the negative effects it will have on my children’s perception of their selves and their family. We are a happy family and they feel normal compared to their peers. A plebiscite campaign can only adversely affect them by making them question their own worth and whether or not their family is welcome in society. Also it is unnecessary. This is simply a tool by those who oppose equal marriage to block reform, or at least do as much damage as possible to our community in the process. I’d prefer to wait another 3 years. We’ve waited this long anyhow.”

This parent is considering taking drastic action in an effort to protect their children:

“I think we should block the plebiscite because the discussion about it and the views that have been already expressed by those opposing marriage equality are very harmful and hateful towards our same-sex family. I greatly fear for the safety and wellbeing of my children and what they might be subjected to or exposed to during such unnecessary plebiscite debate!!!! I’d even consider taking my family and young children out of the country while the debate is taking place to keep them away from hatred, ignorance and abuse which the plebiscite may lead to.”

This final comment perhaps best summarise the ‘reasons’ why many LGBTIQ parents are so strongly opposed to the plebiscite:

“I would rather wait for real equality than expose my 3 young kids to a hate campaign about their families. The hate campaign by the ACL etc already is having a negative impact on my 9, 8 and 6yo kids. I do not want a full on, federally funded hate campaign that we all know is going to be aimed at children. It is wrong. It is not a price I am willing to pay to get marriage equality”

Of course, there are many other ‘reasons’ provided by LGBTIQ parents to block the plebiscite that I do not have space to include here. Please download the attachment below and read them for yourself [and I dare any member of the Liberal-National Government to do so and still argue that the plebiscite is the best way forward on this subject]:

Download: Survey Results Part 2 Block LGBTIQ Parents – Reasons

The same themes, including general harm to the community and specific harm to rainbow families and above all their children, also dominate the ‘other comments’ of this cohort:

“It will be extremely damaging to a significant section of the community as misinformation and hate speech fire up radicalised fundamentalist bigots. The psychological damage alone to GLBTIQ youth will be phenomenally large and also be a drain on public health services funding.”

“For us marriage equality is not only about marraige [sic] it is about equality. This is our life. This bill is about us and we should not be politicised for political gain. You have a choice just as every other leader before you. You could make a difference for the better. The choice is yours how you want to be remembered.

“As a queer parent and community member I fear the potential repercussions of the plebiscite. Our community already suffers so much as a result of everyday prejudice and discrimination. A public debate on the legitimacy of our relationships will open a whole new level of bigotry and hatred and the media will lap it up. This is going to end lives, it’s that serious for us.”

“It is sad that in this dsay [sic] & age Australia is one of the last 1st world countries to enable same sex marriage. We don’t need a plebiscite that will be harmful to our child – we just need to be able to marry under the law. It is not a religious matter, it is a human rights matter.”

“Massive waste of money, he has NO IDEA how it will feel to have the right-wing conservatives telling us how terrible we & our family are. Feel like hiding until it’s all over.”

This respondent emphasises exactly how important their relationship is to them – but, despite this, they are unwilling to risk the harms of a plebiscite to see it recognised as equal under secular law:

“I think Turnball is gutless. I would dearly love to see him stand up to the right wing of his party and do what is just and fair. My partner had a cardiac arrest 3 years ago but extraordinarily luckily for us she was brought back from the dead virtually unscathed. We know now though how precious every minute is. We would dearly love to get married as soon as possible but I would rather wait another 3 years than witness the debate in the lead up to the plebiscite.”

Finally, and most simply: “Please spare my children the divisive debate about if we are good enough”

Download: Survey Results Part 2 Block LGBTIQ Parents – Other Comments

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Block it, if possible – Trans respondents

It is perhaps unsurprising that trans respondents, who for most of 2016 have been the subject of some of the worst, and most hateful, comments about the Safe Schools program (with religious fundamentalists, and News Corp columnists alike, complaining about ‘gender fluidity’ and ‘radical gender ideology’), would have some of the most powerful answers to the question “I think we should block the plebiscite because…” These include:

“As a visible member of the transgender community I believe the plebiscite will be used by homo/bi/transpobic bigots to spread hate which will have a direct impact on my safety. I have experienced verbal and physical harassment in the recent past as a direct result of hate speech in the media and link it to an anti safe schools television debate the night before. Visible trans, gender non conforming and queer people will be most at risk if the ACL is given a fee [sic] for all platform. Its easy to say yes to the plebicite [sic] if your [sic] not at risk of experiencing violence.”

“I think we should block the plebiscite because it gives angry fringe members of a powerful majority a soapbox to use to hurt our most vulnerable members. Marriage equality is important, it’s our right and we know that having it improves the mental health of queer people, but we also know that young and questioning members of our community are more at risk than many people old enough and secure enough to be thinking about marriage. Young people trying to come to terms with their identities, struggling to accept themselves and cope with school and life, do not need powerful wealthy leaders in society telling them that they are wrong and do not deserve human rights or basic human decency. These are people who have been proven time and time again to be at high risk of mental illness and suicide, and we have to stand up for them and protect them. As sad as it is, it is worth forgoing our right to equal marriage, if it protects the young and vulnerable members of our society. It is worth holding off until we can all be validated equally. And so it is not worth giving these bigots an opportunity to attack us.”

“Firstly, I believe it is absolutely offensive that the entire country should have to vote on whether or not I should have the same rights as my heterosexual friends and neighbours. Secondly, we are already seeing the damaging consequences of creating a platform, via the plebiscite, for homophobic hate speech. Violently homophobic flyers are already being dropped in letterboxes all over the country, and this is only the beginning. I fear for the safety of myself, my partner, and my friends. I fear for the safety of LGBT youth. And for what? A plebiscite will not even bind the government to action. Turnbull promised us equality, and he has utterly failed to deliver on that promise.”

“We’ve already seen misleading, hostile, and homo/transphobic attacks from the Australian christian Lobby and other extreme groups in relation to issues like Safe Schools and the Federal Election, including distribution of defamatory and misleading materials. If given a budget and platform to do this on an even bigger scale, the impact on LGBTI wellbeing will be enourmous [sic].”

“I don’t want to have slander spread about us like what is happening in the US with the bathroom bills- implying that all trans people are sexual predators. I don’t want to have to walk past billboards saying marriage equality will be the death of families and will lead to bestiality- Christian political parties are already letterbox dropping flyers full of hateful mis-information and it will only get worse.”

Their reasons also feature explicit fears about acts of violence against LGBTIQ people, as well as the potential for an increase in self-harm:

“Block the plebiscite because the mental well-being of the GLBTIQ Community (especially the youth) will suffer greatly and it will cause hate and violence towards the GLBTIQ community.”

“The plebiscite is an unnecessarily expensive venture that will open up the flood gates for hate speak and acts towards the LGBTQIA community. It’s dangerous, end of story.”

“This plebiscite, and its accompanying advertising, will give bigots open season on people like me. This plebiscite will cause deaths.”

“I think the damage done to people over the “no” campaign will be too severe. People will kill themselves over this stuff … I would rather wait, until there is a parliamentary vote instead”

“I think we should block it because it will be a license for hate speech and will lead to a massive spike in queer suicides, particularly amongst young people”

This respondent was also concerned that, as well as negative comments for the duration of the campaign, it will have a longer-lasting impact in terms of greater organisation amongst anti-LGBTIQ organisations and individuals:

“We should block it, because the mobilisation and organisation of far-right-wingers that will result from their campaign of hatred will not end with the plebiscite. The cruellest people of our society will unite on this issue, and then forever have their own union of psychopaths that they will use to attack us all day, every day, forever.”

Download: Survey Results Part 2 Block Trans – Reasons

These same themes – that the plebiscite will cause harm, and will directly impact on some of the most vulnerable sections of the LGBTIQ community – are repeated in the ‘other comments’ of trans survey respondents:

“I honestly fear for my one life and mental health during this time of political football over LGBTI people and human rights. I am scarred [sic] of what it will do to the vulnerable youth, the elderly, the rainbow families and the culture of Australia. I deeply fear for my own safety and sanity and that of my husband, during any proposed plebiscite” and

“It is a garbage waste of time, it is harmful at best and murderous at worst, and if it passes the blood of every queer person driven to suicide by the rhetoric of the queerphobic right will be on the hands of a man whose electorate is one of the queerest communities in Australia. Shame on you for having no spine Malcolm Turnbull.”

Download: Survey Results Part 2 Block Trans – Other Comments

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Block it, if possible – Non-LGBTIQ respondents

As was seen in Plebiscite Survey Results: Part 1, there was majority support to Block the plebiscite across all major demographic groups, including lesbian, gay, bisexual, queer and trans respondents, as well as LGBTIQ parents.

The proportion of people selecting Block was also very remarkably consistent – with only one group showing significantly lower (although still high) opposition: people who were not LGBTIQ. This cohort ‘only’ reported 62.7% support for Block compared to 71.2% within the LGBTIQ community.

The following answers are included to illustrate whether the reasons provided by this group were also different. This includes general answers such as:

“I believe we should block it because nobody should have a say on whether or not two people can get married. I don’t agree that I should have to vote on another persons right to marry at all.”

“I think we should block the plebiscite because we already have more than enough polling evidence of the majority support by the Australian public for marriage equality. There is absolutely no reason to hold another poll on this that will cost an enormous amount to the Australian public and will only serve to give voice to the hatred and bigotry of the minority. We will only look back on the period where we discriminated against our gay community with the same shame that we do for once not treating people of colour or women as equals. The time has come for Australia to join the rest of the progressive, secular world and end discrimination against our gay community. We don’t need a plebiscite. We need leadership from our government to do what is right.”

“I believe that it is fundamentally wrong to have a plebiscite on this matter – we elect politicans [sic] to vote on issues that are relevant to our community, they should do that job without wasting time and money on a plebiscite. There have been no plebiscites about other ‘difficult’ community issues, like abortion, and I see no reason why there should be one on this matter. It should be treated like any other. Further, it is merely a political stunt pulled by conservative politicians to try to delay or end the movement towards marriage equality. In addition, there is not even any certainty that if the plebiscite went in favour of marriage equality the conservative politicians would vote for it in Parliament. Finally, it will be divisive and encourage anti-LBGTIQ abuse during the lead-up to the vote. It is an all-round appalling idea.”

Some family members or friends of LGBTIQ people expressed their concerns about the possible harms caused to the people around them:

“While waiting another three years will inevitably cause direct harm to LGBTIQ people, I believe that the outpouring of violence and hate that will be stirred up in the wake of the plebiscite will cause longer term damage to more people. Block it because of the vitriol, hate and lies that will ensue, and the harmful impact it will have on LGBTIQ people. And personally, I just don’t see the fairness of people voting on my daughter’s right to marry her partner.”

“I think we should block the plebiscite because It gives people a campaign to spew hate. The liberal government cannot control what their own party have previously said Let alone control the terrible things my children and friend will have to endure and witness if it goes ahead”

“I think we should block the plebiscite because it will open the door for groups such as the ACL to spread their uneducated hate speech and will add to the negitivity [sic] within society to the LGBTIQ COMMUNITY and as a parent of a trans child I will not take this risk with the safety of my child or other trans and queer youth”

A number of comments focused on the issue of harm more generally:

“I think it should be blocked because it will unleash a wave of vilification and hatred that will be masked by the term ‘debate’. Politicians are elected to make decisions. So get on and make the decision to have a conscience vote in parliament and be done with it.”

“I think we should block the plebiscite because it is unnecessary and will give media space to bigots homophobes causing pain and suffering to people who have been through enough. Marriage equality is a no brainer, Australia will not be able to hold out forever. We can only hope that they catch up sooner rather than later to save themselves the international embarrassment of being the last to the table.”

“A plebiscite will open the doors for a horrible storm of public homophobia, and in the destructive and divisive political environment in which we currently find ourselves, that risks very severe harm to queer people…”

“I think we should block the plebiscite because it will cause more harm and pain to the LGBTIQ community. It will give those with hateful views a platform to express them publicly, and I think this has the potential to cause so much harm – particularly for young people and children with LGBTIQ parents. I am a teacher and I see the battle being fought every day. We are starting to make progress, let’s not go backwards.”

“…The hate speech that it will encourage in the lead up to the plebiscite will be extremely taxing on all LBGTIA people but I especially worry about the most vulnerable in that community- in particular young people who are struggling with their identity, social acceptance, and any mental health issues.”

In contrast to the responses from other groups (including members of the LGBTIQ community generally, and LGBTIQ parents and trans respondents specifically), however, I would suggest that the focus on harm was slightly less dominant amongst non-LGBTIQ respondents.

However, one argument that was expressed more consistently, and passionately, by people outside the LGBTIQ community was that the plebiscite will be incredibly wasteful:

“We should block because it is a waste of taxpayers money. The estimated $160million would be better spent on funding mental health care. After all it is the mental health of some lgbt folk which will be damaged by a hateful campaign staged by those who oppose. The marriage act was changed in Parliament without consultation, and now the government should have more than enough evidence for the support of marriage equality without the need of a plebiscite.”

“I think the plebiscite is a total waste of money. At this stage we are not aware of how it is to be framed, however millions of dollars will go into promoting it (which the Govt could spend on pressing matters) and apparently it still will not be binding on MPs. And in the process there will be space for public vitriol against LGBTI citizens.”

“We do not need to spend $160 million dollars on a non binding divisive opinion poll” and “Such an unnecessary expense, especially considering the Coalition have stated they won’t necessarily pay attention to the result”

The following three answers perhaps best summarise the views of non-LGBTIQ people who oppose the plebiscite:

“I think we should block it because it’s both a waste of money and a threat to the LGBTQIA community. What’s the point of having a plebiscite if several MPs have come out and actively said they will choose to ignore the outcome (even though their duty is to do what is right by their constituents)? Not to mention the (already occurring) mental, and potentially physical, harm a slur campaign will have on the lives of those this issue affects.”

“I believe a plebiscite should be blocked for two reasons. Firstly, if it goes ahead, we open the door to legitimise homophobic views in the public domain through various panel discussions, editorials and opinions pieces, social media posts and even advertising to garner support for one side or the other. The negative aspects of these public conversations will be so damaging to the health and well being of homosexual people and their family and friends. Secondly, the money used to fund a plebiscite could be spent on so many pressing social needs instead, including; mental health services and support, the environment, reduction of national debt, development of infrastructure, jobs and growth, or any of a myriad of things we could do to improve the country as a whole.”

“I think it should be blocked: a) as it a massive waste of money when we already know that the majority of Australians support marriage equality. b) It is likely that some angry, homophobic voices will be allowed to be heard that may cause unnecessary damage to vulnerable families, particularly kids of LGBTIQ parents. c) Even if majority of Australians choose to support marriage equality, the government can still legally choose not to be influenced by the outcome of the plebiscite!”

As can be seen from the above, even where non-LGBTIQ respondents did not express a direct connection to the LGBTIQ community, they nevertheless understood that:

the plebiscite is likely to cause harm to LGBTIQ Australians, and
given it costs $160 million, it will be an incredible waste of money.

There is absolutely no reason why our 226 Federal parliamentarians, LGBTIQ and non-LGBTIQ alike, cannot reach the same conclusions, and spare the LGBTIQ community, and the Commonwealth Budget, the inevitable ‘costs’ of a plebiscite.

Download: Survey Results Part 2 Block Non-LGBTIQ – Reasons

These same concerns – harm and waste – were also prominent in the ‘other comments’ of non-LGBTIQ people who want to see the plebiscite blocked, even if it carries the risk of marriage equality being delayed by 3 years or more:

“Please don’t do this. Think of the children and young vulnerable people in the LGBTIQ community. They are already at risk they do not have to live a yes and no campaign. It is damaging”

“Waste of money, clearly a deliberately divisive move. Why should people unaffected by this push for equality have a say? Nothing changes for them, denying anyone respect and equality as an Australian citizen is unfathomable. Enough hurt, descrimination [sic] and unnecessary anguish has been caused. I don’t want to see bigots allowed a voice to preach hate against my fellow Australians.”

“Marriage equality should not just be a phrase, it should be a reality. Don’t make me ashamed of my government by asking me to decide something that is none of my business. I was not asked to decide if murder was a crime. I was not asked to decide if heterosexuals could marry. Some things are just self evident.”

“We should campaign against the plebiscite and for an actual political vote and then campaign for a conscious vote for everyone, and then campaign heavily to help our politicians see that allowing same sex marriage is not going to negatively impact on any one but has the potential to improve the lives of many (not just the adults getting married but also their already existing children). We should ensure that it is made obvious that gay marriage is unlikely to increase the numbers of kids born to same sex attracted parents, it just means those kids will be better protected.”

“Malcolm’s plebiscite is an insult to LGBTIQ people. Joe Blow in the street should not have the right to say whether a couple he doesnt [sic] know should marry or not, its none of his business and doesn’t effect him. What a waste of time and money. Who’s life is it anyway Malcolm?”

Download: Survey Results Part 2 Block Non-LGBTIQ – Other Comments

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Conclusion

I had initially planned for this post to be a much shorter summary of the reasons and other comments submitted through the plebiscite survey. However, as you have seen above, there were so many powerful contributions to the debate that it was very difficult to leave quotes out (although all still feature in the attachments).

What has been made clear through this process is that, as well as being strongly opposed to the plebiscite (with 69% in favour of blocking it), the reasons given for this preference are also incredibly strong.

Unfortunately, they are going to need to be. Entirely coincidentally, this post is being published on the same day that Prime Minister Turnbull has ‘announced’ (or leaked to the Sunday Telegraph, which is essentially the same thing), that he intends to hold the marriage equality plebiscite in February 2017.

Of course, just because he has said that he will hold it, doesn’t automatically mean it will proceed. He still needs to negotiate with the Senate – and secure the support of at least one of the ALP, Greens or Nick Xenophon Team.

On the other hand, we will need to convince all three groups to block it. Given the consequences of this decision – the likely delay to marriage equality for another three years – that is obviously a big call to make.

But, as you will have observed in the comments highlighted above, and in the attachments provided, we have the most passionate, and most persuasive, arguments on our side. Now we just need to make sure that those three groups hear them, loud and clear, before the enabling legislation is voted upon.

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If this post has raised any issues for you, you can contact:

QLife, Australia’s national telephone and web counselling and referral service for LGBTI people. Freecall: 1800 184 527, Webchat qlife.org.au (3pm-midnight everyday) or
Lifeline: 13 11 14, lifeline.org.au

alastairlawrie

lgbti advocate & activist, writing about anti-discrimination and vilification law reform, equality and human rights

Tag Archives: Australian marriage equality

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