LGBTI Voices Absent from the Chamber

This week marked the first sittings of the 44th Parliament of the Commonwealth of Australia. It also marked the 44th sittings in which there have been no openly lesbian, gay, bisexual, transgender or intersex (LGBTI) members of the House of Representatives. The achievements of prominent Senators over the past 15 years – most notably former Greens Leader, Bob Brown, and current Leader of the ALP Opposition in the Senate, Penny Wong – mean many people, including some within the LGBTI community, are unaware of this fact.

However, the truth remains that, 38 years after the first Australian state decriminalised homosexuality (South Australia in 1975), and 16 since the last (Tasmania in 1997), no openly LGBTI MP has ever occupied a seat in our federal lower house. This ongoing absence is both an embarrassment, and means Australia is a statistical outlier amongst similar countries.

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Above: now retired, Senator Bob Brown, former leader of the Greens.

The United Kingdom has a long, and mostly proud, history of ‘out’ House of Commons MPs. Leaving aside the ‘outing’ of Labour’s Maureen Colquhoun in 1976, fellow Labour MP Chris Smith voluntarily came out just a year into his first term, way back in 1984. The first Tory to come out in office – Matthew Parris – did so the same year. In fact, with roughly 20 current openly LGBTI House of Commons Members (there’s so many it’s getting hard to keep up), even adjusting for size Westminster features the equivalent of 4 or 5 openly LGBTI Australian House of Reps MPs.

New Zealand is similarly a long way ahead of Australia. Like the UK, our Trans-Tasman cousins had a female MP who was ‘outed’ whilst in office (Marilyn Waring from the Nationals, in 1976), with the first MP to publicly come out being Labour’s Chris Carter, shortly after his election twenty years ago. New Zealand even had the world’s first openly transsexual Member of Parliament, Georgina Beyer, before the turn of the last millennium. And, despite having a national list as part of their electoral system, these (and several other openly LGBTI) MPs represented single-member geographic electorates.

Meanwhile, the Canadian history of openly LGBTI lower house MPs has already reached a quarter century, following Svend Robinson’s pubic declaration in 1988. Even the United States Congress has featured openly LGBTI members in their House of Representatives; after Democrat Gerry Studds was outed in 1983, fellow Democrat Barney Frank came out voluntarily in 1987. Heck, the first Republican Members of Congress to either be outed (Steve Gunderson in 1994) or come out voluntarily (Jim Koelbe in 1996) happened almost two decades ago.

So, what has gone wrong in the Australian political system such that, despite having six openly LGBTI Senators or Senators-elect (in addition to Brown and Wong, there’s Democrat Brian Greig, Labor’s Louise Pratt, Liberal Dean Smith and newly-elected Green Janet Rice), not one openly lesbian, gay, bisexual, transgender of intersex MP has ever won a seat in the House of Reps? How is it that Liberal Kevin Ekendahl, contesting the seat of Melbourne Ports in September 2013, appears to be the candidate to come closest – and even he fell more than 3.5% short?

The first possible explanation is that the party machines, in particular of the Coalition and the ALP, have actively operated to prevent LGBTI politicians from rising to the top. Given Australia’s incredibly strong two-party system (much stronger than the UK, New Zealand or Canada), it’s plausible that the increasingly powerful religious/conservative wing of the Liberal and National parties, and the virulently homophobic SDA, led by Joe De Bruyn inside the ALP, have each stopped the emergence of LGBTI politicians in Australia.

Except they haven’t been completely successful – 3 of the 6 openly LGBTI Senators have come from major parties (although none yet from the Nationals). And it ignores the Senate’s position as a quasi-‘insiders club’, where the majority of people elected have themselves emerged from, or at least have the support of, the party hierarchy. Which means that, even if discrimination within the party machine offers some of the explanation, there must be more to it.

A second possible explanation is that our political parties, operating in a system of single-member electorates with compulsory voting and compulsory preferential voting, have taken conscious decisions to find candidates who do not risk alienating any specific part of the electorate, and therefore have ruled out pre-selecting openly LGBTI candidates; or have nominated them to the multi-member Senate instead. Especially in marginal suburban or regional electorates, even a small backlash from voters motivated by homophobia (or who could be made to feel so through an exploitative campaign by opponents) could arguably be the difference between success or footnote.

At least historically, that could have been a somewhat rational, albeit craven, view from inside our major parties. But over time, with the growing acceptance of LGBTI people throughout Australian society, that perspective should have become irrelevant. And, once again, it cannot offer a full explanation, because, even accounting for different electoral systems in other countries, LGBTI candidates have had to counter, and survive, explicitly homophobic campaigns against them elsewhere. That could, and should, have happened here too.

A third possible explanation is that LGBTI people themselves have ‘self-selected’ out of becoming members of the House of Reps. There are two main ways in which this could have happened. First, if LGBTI advocates and achievers, becoming disgruntled by a (real or perceived) lack of progress on equality inside the major parties, chose instead to focus their energies on minor parties like the Democrats or, later, Greens, then they have largely ruled themselves out of being viable candidates for the House of Reps. The fact that 3 of the 6 openly LGBTI Senators to date have come from these smaller parties lends some weight to this hypothesis.

The other way in which an LGBTI person might rule themselves out is that, having progressed within the major parties and been in a position to challenge for pre-selection, they instead chose not to expose themselves to public scrutiny of their sexual orientation, gender identity or intersex status, or the possibility of outright homophobia. It’s been reported before that this is one reason why Justice Michael Kirby chose the law instead of politics (as an aside, imagine the achievements of Kirby as an activist Attorney-General?). It’s possible this fear continues to be a factor today. And, given the sexism and misogyny that is still directed at our female politicians, who’s to say they’re being irrational?

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Above: Senator the Hon Penny Wong, currently Leader of the ALP Opposition in the Senate, with her family. Unfortunately, as a Senator she can no longer be promoted unless or until she moves to the House of Representatives.

Last month, Bill Shorten made addressing this issue, through the introduction of LGBTI affirmative action rules for ALP candidates, one of his policy planks in the contest for Labor Leader. The proposal, oft described as a quota, drew condemnation from a diverse range of people, including Andrew Bolt and Crikey’s Guy Rundle. Disappointingly, the debate over his solution (which, for the record, I think is worthy of consideration) ignored the fact that Shorten was talking about a real problem – that LGBTI people continue to be excluded from Australia’s House of Government, long after they have stormed the barricades in comparable nations.

It’s important this problem is addressed, not because a Parliament must automatically reflect the demographic make-up of the people it represents, but because, at a time when the rights of LGBTI people continue to be a matter of major public debate (see: marriage equality), we should at least be at the table; or on a green chair or two, anyway. But above all, removing the barriers which have, in the past, operated to prevent openly LGBTI people being elected to the House of Representatives, means clearing the way to ensure that the best possible candidates are put before the Australian people, irrespective of their sexual orientation, gender identity or intersex status. That’s something we all deserve.

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UPDATE 7 JANUARY 2016:

On Saturday 5 December 2015, Trent Zimmerman became the first out gay man to be elected to the House of Representatives, in the North Sydney by-election created by the resignation of former Treasurer Joe Hockey.

A Liberal, Mr Zimmerman will be the first out member of the LGBTI community to serve in the lower house of our federal parliament when he formally takes his seat on Tuesday 2 February 2016.

While his historic victory was a long time coming, there is some hope that the 2016 Federal Election may even see other out LGBTI representatives elected to join him. The best chance at this stage appears to be gay army major Pat O’Neill, standing for Labor in the marginal seat of Brisbane.

Other candidates with admittedly longer odds include Carl Katter (ALP) and Jason Ball (Greens) in Higgins which is currently held by Liberal Kelly O’Dwyer (they both had much stronger chances before Malcolm Turnbull replaced the bigoted Tony Abbott as Prime Minister), and Labor’s Sophie Ismail who is running against Green Adam Bandt in Melbourne.

Of course, even if Mr O’Neill succeeds, two MPs out of a chamber of 150 do not a landslide make. LGBTI voices will still be under-represented when the issue of marriage equality is debated (yet again) next term, as well as other issues of importance to the LGBTI community.

And Australia remains well behind in terms of LGBTI representation, both in comparison to similar countries elsewhere, and when we remember the fact that there has still not been an out transgender or intersex member in either house. Despite Mr Zimmerman’s victory, there is still a very long way to go.

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Liberal Trent Zimmerman became the first out LGBTI person elected to the House of Representatives on 5 December 2015 [image source: The Weekly Times].

Remove the Lord’s Prayer from Federal Parliament

There are many things which I miss about working as an adviser at Parliament House. And there are many things which I do not miss in the slightest. At the end of this, the first fortnight of sittings since I left Canberra, one thing which I am more than comfortable living without is the recital of the Lord’s Prayer at the start of each parliamentary day, both in the Senate and in the House of Representatives.

The majority of the Australian population do not pay close attention to what happens in parliament (indeed many pay no attention at all), so they would be blissfully unaware that each day begins with our parliamentarians engaging in a prayer in adherence to one particular religion. Indeed, even though I was relatively politically engaged before starting work there, even I was unaware that each and every day starts with the same religious ceremony, as it has done during every sitting since Federation.

This is simply unacceptable in a modern secular democracy. One of the core tenets of the Australian system of Government is, or at least should be, the separation of church and state. We are not a theocracy, there is no religious test for standing for public office and there is no official state religion – in fact, these principles are enshrined in our founding document (s116 of the Constitution reads “[t]he Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office of public trust under the Commonwealth”).

It is also curious that the prayer remains part of the order of parliamentary business when our Senators and House of Representatives members come from a wide range of religious backgrounds. Many are christian, but some are from other religions (including our first muslim MP in the current parliament), some are agnostic and many are atheist. Those who are not christian should move to end the recital of the Lord’s Prayer because it has no place in a house of legislation rather than a house of god/s.

In theory, they would be joined by the majority of capital ‘C’ christians, who should understand that the separation of church and state means that, in order for all faiths to be protected equally, the state should not preference any one religion and should not engage in religious observance itself. This is also necessary to protect those, such as myself, who have no faith. In fact, only the most extreme christian fundamentalists would argue that an arm of government should begin each day by invoking a prayer to one particular deity in whom many parliamentarians do not believe, just like many people in the community that they represent.

So why, in 2012, does this relic of religious observance continue to corrupt the beginning of each sitting day? Well, despite the notable efforts of some MPs in recent years to raise its profile (especially Bob Brown and Harry Jenkins), this issue is admittedly minor in consequence when compared to others which affect vastly more people more seriously (the only people directly affected by the recital are our MPs, the staff who work in Parliament House and the very small number of people watching via APAC).

It is also fair to say that only a small number of citizens care passionately about the issues raised either way – on the one side, secularists who support the separation of church and state, and on the other religious fundamentalists who believe that they should be able to impose their religion on others. And while secularists, such as myself, are and continue to be vocal, religious fundamentalists are an increasingly rabid group of people who, now used to getting their way (see: banning same-sex marriage, parachuting chaplains into schools), would likely employ a nuclear response to any attempt to jettison the prayer.

Which means that the majority of MPs who are not christians do not actively support this reform for fear of being labelled anti-christian (which is of course fundamentally untrue – secularism is not explicitly against any particular faith, rather it opposes the intrusion of faith into areas where it should not stray). Even parliamentarians who are capital ‘C’ christian but support the separation of church and state do not take on this issue because they do not want to incur the opprobrium of people like George Pell, Peter Jensen and Joe De Bruyn. The small minority of MPs who are religious fundamentalists do not have to do anything to secure yet another victory.

As a result, even though most Senators and House of Representatives members probably know that it should be removed, and it would take only a small amendment to standing orders to achieve, each sitting day still starts with the Lord’s Prayer. It will continue to do so until enough MPs are willing to stand up for principle over pragmatism. Well, one can hope anyway.

In the meantime, should you ever catch a glimpse of the start of parliamentary proceedings on APAC, or happen to be in the public gallery, it is interesting to witness the strategies which MPs adopt during the prayer. While some say the prayer out loud (you can probably guess which ones), others stand silent, looking as if they want to be anywhere else at that particular moment, and some orchestrate their late attendance so they arrive in the chamber after the prayer ends.

My coping mechanisms involved a combination of going for a well-timed coffee, judiciously employing the mute button, or simply talking over the top of the Senate broadcast. Unfortunately, on a couple of occasions I had to sit in the adviser’s box in the chamber, because a bill I was responsible for was coming on for debate as the first item of legislative business, and so listening to the prayer was completely unavoidable.

I don’t think that any employee in any workplace, let alone one working for the federal government, should have religious observance imposed upon them. That is a fundamental human right which should always be respected. In fact doesn’t s116 already say something along those lines? If only the High Court had the courage to invigorate that particular clause. But that is another post for another day…