Submission on National Health & Physical Education Curriculum

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

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

Curriculum Photo

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

Thursday 11 April 2013

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2nd Anniversary of Election of O’Farrell Government

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

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

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

Full text:

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

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

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

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

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

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

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

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

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

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

OFarrell hand

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

Senate Submission on Marriage Equality

Earlier this year, I made a lengthy submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Marriage Equality Amendment Bill 2010. I – and 79,200 other Australians. The majority of these (approximately 46,400 submissions) were in favour of marriage equality, although we all know that our parliamentarians ultimately ignored them, and many other public policy arguments, as they voted to entrench discrimination against LGBTI Australians.

Unfortunately, given the volume of submissions received, the Committee chose to only publish 360 submissions in total, and mine was not one of the select few. As the year draws to a close I thought I might publish what I submitted to the Committee. On reflection, it does tend toward the ‘ranty’ at times, but I think this simply reflects the passion which I felt (and still feel) on the issue. Which also helps to explain the length. Fortunately, I will be able to reuse much of this submission as the NSW Parliament has its own inquiry into marriage equality in the first half of 2013.

Anyway, here is the full text of my submission:

Submission to the Senate Inquiry into Marriage Equality

Please note that this submission reflects my personal views only and does not reflect the views of any other person or organisation.

Introduction

I am writing to strongly support the urgent introduction of marriage equality, and to call for the federal parliament to remove one of the final major pieces of discrimination against lesbian, gay, bisexual, transgender and intersex Australians.

It is somewhat frustrating to have to go through this process in 2012. To have to, once again, ask for the rights which should be granted as a matter of course, to demand action to remove a form of discrimination which should have been erased from the law books long ago. Of course, this frustration has been shared in the past by campaigners for gender and racial equality, who were forced to continue to protest and take action to gain equality, long after it should have been introduced. But just because this frustration is shared, doesn’t mean it is any less disheartening.

And it is also disheartening to have to engage in the same debate, to have to listen to the same so-called arguments against marriage equality, which are generally based on either prejudice (on a bad day) or ignorance (on a good one). The arguments for equality, which include the recognition of love, the introduction of genuine equality irrespective of sexual orientation or gender identity, and the symbolism of acceptance, are so compelling that the debate on this issue has already been won, amongst the family and friends of LGBTI Australians, in the wider community, and in the public sphere. The majority of Australians have come to recognise that marriage equality is something that should have already happened.

In fact, the only place where support for marriage equality seems to be in the minority is in the federal parliament. Well, later this year, our 226 elected representatives have the opportunity to finally redress this injustice. Our federal parliamentarians have the chance to treat love equally, to show that all Australians should be treated fairly no matter who they are attracted to, in short, to bring Australia into the 21st century.

But it is more than simply a chance to do what is right, it is an obligation. Our 226 elected representatives have an obligation to represent all of their constituents, not just the heterosexual ones. They have a responsibility to respect the rights of a minority, even when other groups demand that the law be used as a weapon to discriminate against that minority. Our elected representatives should be striving to eliminate homophobia, in the same way that our society continues to strive to overcome sexism or racism.

I hope that, later this year, our federal parliamentarians will seize this historic opportunity, and fulfil their obligations, to support the passage of marriage equality.

The major arguments against same-sex marriage

To begin the substantive part of this submission, I would like to rebut the main arguments which our opponents use to deny marriage equality, namely, that marriage is about religion, that marriage is about children, and that marriage is about tradition. Each of these is fundamentally wrong, as I will explain:

i)                    Marriage is a religious institution which cannot accommodate same-sex couples

There are so many things wrong with this statement it is difficult to know where to start. It is completely inaccurate and inappropriate in contemporary Australia. There is no religious test for people who wish to get married – anyone is welcome (christian, muslim, jew, hindu, buddhist, atheist and agnostic alike). And it goes without saying that, despite historical restrictions on religious ‘intermarriage’, people can also marry outside their religious affiliation, so it therefore cannot be considered a sacrament to a particular god. Marriage ceremonies also do not need to be religious – indeed, the vast majority of ceremonies are performed civilly (65% in 2008). Above all, a marriage in modern Australia is more likely to be simply a celebration of the love between two people, shared by their family and friends, than a solemn vow in front of their god or gods.

More fundamentally, the federal Marriage Act, which defines marriage and from which its legal rights and obligations flow, is a secular law, passed by a secular parliament, within an entirely secular system of government. Or to put it another way, because of the separation of church and state, Australia is not legally or formally a christian country, and its laws are not the exclusive plaything of christians. This is the only fair approach in a modern society – surely it is unjust to impose religious laws on those who are not ‘believers’, or deny citizens equal rights on the basis of their religion, or their lack of religion.

The most extreme example of the ‘gay marriage should be banned because of religion argument’ is a convoluted one, which goes something like: for some people, marriage is religious, and they would not accept same-sex marriage, so the granting of same-sex marriages to others would somehow be an infringement of their religious freedom. This has absolutely no weight, confusing as it does the freedom of religion (for religious people to conduct a wedding in the manner of their choosing) with a supposed freedom to impose their religious views on others (and thereby infringing on the equally important freedom from religion).

It also conveniently ignores the fact that several religious organisations would themselves like the right to perform same-sex marriages, so a same-sex marriage ban would infringe on their freedom of religion. Finally, I believe that religious differences can easily be accommodated by the current exemptions within the Marriage Act, which mean that no religious celebrant can be compelled to officiate over any ceremony which they do not support. Nothing in any current proposal for marriage equality would compel a church to allow same-sex ceremonies where they do not wish.

All in all, there is absolutely no religious reason why marriage should remain exclusively between men and women.

ii)                   Marriage is about children and therefore gay men and lesbians need not apply

The regularly-raised Simpsons-esque ‘won’t somebody think of the children’ argument also has no substance whatsoever. Apparently, marriage is about children and only those opposite-sex couples who intend to have children, and indeed who are capable of having children, should get married. I say apparently, because it seems a lot of married couples didn’t get that memo. Think of the people who get married beyond their natural reproductive age. Or who get married and have absolutely no intention of having children. Or who get married and are incapable of having children.

It also seems to have escaped the marriage vows ‘industry’. I can’t recall anyone getting married and promising to have the other person’s children. Instead, marriage vows, quite understandably, seem to focus on the love between two people. In fact, the book of common prayer vows state “to be my lawful wedded wife/husband, to have and to hold from this day forward, for better or for worse, for richer or poorer, in sickness and in health, to love and to cherish, til death us do part, according to God’s holy ordinance; and thereto I plight thee my troth.” There is no mention of children, and after all, wouldn’t it be included here if bearing children were so central to the rite of marriage?

The next variation of ‘won’t somebody think of the children’, claims that the best way to raise children is within heterosexual married families, as only opposite sex couples can reproduce naturally and only marriage provides a stable family environment. Once again, this proposition is full of holes. It ignores the reality that many gay and lesbian couples are having children, whether through surrogacy, artificial insemination or adoption. These rainbow families are real, and they are increasing. They are also good parents – independent studies by reputable psychologists have found that children raised by rainbow families are doing fine. In 2007, the Australian Psychological Society found that “parenting practices and children’s outcomes in families parented by lesbian and gay parents are likely to be at least as favourable as those in families of heterosexual parents, despite the reality that considerable legal discrimination and inequity remain significant challenges for these families.” If people genuinely cared about the children of these families, surely we should be arguing for the right of their parents to get married, if they so desire.

The ‘straight married families are best’ argument is also incredibly disrespectful to the diverse range of families in contemporary Australia. There are many wonderful married opposite sex parents, just as there are awful married opposite sex ones. That split applies equally to unmarried opposite couples too. There are amazing single parents, just as there are terrible ones. There are couples who stay together for the sake of their children, but probably shouldn’t. And there are all kinds of families who do the best they can for their child or children, no matter what the situation. In short, family structure does not guarantee anything, but the love of a good parent or parents counts for so much more.

So, that leaves just one of the most commonly used troika of arguments against equal marriage to rebut.

iii)                 Marriage is about tradition and it should remain ‘just the way it is’

This is the weakest argument of the three. Tradition as an argument only works where it meets one necessary pre-condition: that the tradition involved is an inherently good one. This is because tradition alone is never enough to justify the retention of a fundamentally flawed institution. Australia, and indeed the western world, has done away with many social policies over time that were once deemed traditional: slavery was traditional, terra nullius was a long-held custom, and yet both have been quite rightly swept away because they were abhorrent.

To argue against changing something, solely because of tradition, to unquestioningly state that what is now, is what automatically should be, forever more, is quite plainly a ridiculous position to adopt.

Many of the features of modern Australia would not exist if our predecessors had blindly worshipped at the altar of tradition – women would not have the right to vote, let alone be Prime Minister, and indigenous Australians would still be third class citizens. Many of Australia’s major social reforms were achievements because they removed outdated and inappropriate social traditions, and not in spite of this.

In terms of marriage, it is a well-respected tradition within the community (at least in concept, if not reflected in divorce rates), and one that arguably can perform a valuable social function in terms of organising social relationships. However, one must be careful to distinguish between the feature that gives it value – that marriage is the union of two people in a loving relationship – and other traditions which are associated with it, but not a core element. That is why the essential meaning of marriage has survived, despite the significant changes that have been made to the institution over time. For example, marriage is now seen as the union of two equals, rather than simply a man taking possession of a woman. As we have seen, marriage has gone from most being performed religiously, to most being civil. Marriage between races was once prohibited, now miscegenation laws are (thankfully) a distant memory. The introduction of divorce laws, in the first instance, and then later of no-fault divorce, have both been welcome improvements to the operation of marriage, but have not fundamentally altered its underlying meaning.

That is why, although marriage itself may be traditional, and the exclusion of same-sex couples from marriage has a long history, support for the former does not mean hanging desperately onto the latter. The exclusion of lesbians and gay men from marriage is not an inherently good tradition, worthy of continuation, especially when we have finally reached a point as a society where we understand that all citizens should be treated equally, irrespective of sexual orientation or gender identity. At least a dozen other countries have shown that you can amend marriage laws, removing the homophobic exclusion of same-sex couples, and yet retain its core meaning (of recognising the love between two people). The tradition of marriage does not mean that it cannot or should not ever change. To the contrary, the tradition of social progress within Australia means that we must change the marriage law to be inclusive, to reflect the 21st century. That act will not weaken the institution of marriage, it will instead make it more relevant to a new generation of Australians.

Other arguments against same-sex marriage

There are a range of other arguments which are occasionally raised in ‘defending’ the institution of marriage from the homosexual invaders. They range from the ridiculous, to what are essentially distractions, to the downright homophobic, so I will only touch on them rather than delve into too much detail.

i)                    Same-sex marriage will devalue the marriages of opposite sex couples who are already married.

This argument goes something like: marriage has a particular meaning for some people, which appears to derive value from excluding same-sex couples, and so they will feel their relationship is lessened or cheapened if same-sex couples have access to it. It is hard to engage with people who hold this view. If your marriage relies on other people being discriminated against for it to survive, then you need to focus on your relationship more and what other people do less. After all, what will it matter if Sue and Sandra down the road get married? And where do you have room in your heart for the love of your spouse, when it is already full of intolerance for people who are different to you? Your marriage will not change if my fiancé and I get married. If you want to prefer to think of marriage as being between a man and a woman, then you are free to do so in the comfort of your own relationship. But don’t deny other people their rights because of your insecurity.

The apotheosis of this argument was recently put forward, in its most ridiculous form, by Frank Brennan. He stated that “[t]he Commonwealth Parliament should not legislate to change the paradigm of marriage unless and until the majority of persons living that paradigm seek a change.” This is a novel point of view. I would love to know whether this means women should have waited for the majority of men to eventually figure out that the sexes were equal before they demanded change, or for indigenous people to be satisfied with their second-class status while white folk decided whether they were good enough or not. All citizens have the right to hold an opinion about a law, and not just those people who currently have access to a particular institution. To say otherwise denies the democratic process, and the agency of people who are discriminated against to advocate for reform.

ii)                   There will be unintended, unspecified consequences of allowing equal marriage

This argument is always vague, because its proponents can never spell out what any of these consequences might be. Because they are scared of this particular change, they suspect that the sky might fall in. In practice, the only negative consequence of gay people getting married will be gay people eventually getting divorced – in just the same way as heterosexual couples already do. No one else would be affected.

iii)                 Other issues are more important that equal marriage

It is incredibly difficult to argue against this proposition because it is basically true. There are indeed many other more important issues in the world. But, this argument ignores the fact that as a society and as a parliament we are capable of concentrating on multiple issues at the same time. And it also underestimates how easy it would be to fix this particular problem – all it would take is one bill, amending the Marriage Act and instantly, equality achieved. It is difficult to say that about many other social issues (and, in a best case scenario, could be done by the middle of the year). It is incorrect to say same-sex marriage is a distraction if it is one so readily resolved.

iv)                 The slippery slope argument

This argument starts our descent into the territory of outright homophobia. It was the one raised recently by fundamentalist christians in the Great Hall of Parliament House, when they hysterically asserted that equal marriage for LGBTI citizens will lead to men marrying children or humans marrying animals (or even inanimate objects). Not only does it raise the utterly grotesque and offensive stereotype of ‘gay men as paedophile’ (when we know that most child sexual abuse happens within the heterosexual family unit), it also completely devalues the institution of marriage itself, as the union of two equals, based on love and consent. Those conditions cannot exist in the ridiculous examples listed. The people involved in making such arguments should be laughed at when they spout such nonsense.

v)                  Equal marriage will ‘promote’ homosexuality

This argument is often followed by ‘and will lead to homosexuality being taught in schools’. Again, this argument is fundamentally based on homophobia. Apparently, if we treat lesbians, gay men, bisexuals, transgender and intersex people as equal citizens, then this will result in other, ‘normal’ people catching one of these infectious letters of the alphabet, much like catching the flu. Leaving aside the fact that being any one of these things is a perfectly natural thing (in the same way that being heterosexual is natural), it also does not reflect the reality of my experience, or anyone else I know from the LGBTI community. Saying that being gay is normal, or teaching kids that society is incredibly diverse and includes people with different sexual orientations and genders, will not mean people ‘catch’ gay or transgender. But it might just mean that a kid who is questioning his or her sexuality or gender identity will find acceptance rather than bullying, and might ultimately be spared from becoming one of the sad statistics in our epidemic of sexuality-related youth suicide.

vi)                 Gay people are not equal and do not deserve equal rights

In one sense, the people who make this argument should be respected for at least being honest, and not trying to dress their homophobia up as defending religion, children or tradition. On the other hand, if you are alive in 2012 and genuinely believe that you deserve more rights than me because you are attracted to someone of the opposite sex and I am attracted to someone of the same sex, then I feel sorry for you – the modern world must be a truly scary place to live in when you hold those bigoted views. But guess what, it is only going to get worse for you from here on – society will keep on marching towards equality, and your views will look worse and worse as time goes by.

In summary, we have seen that there are no strong arguments against the recognition of equal marriage – in fact, there are no substantive arguments at all. And even more importantly, the introduction of equality will cause no harm whatsoever. The churches will not be harmed because they will be free to not celebrate same-sex weddings. It will not make any difference to couples who are already married, or opposite-sex couples who plan to get married (well, other than some more competition for wedding venues). It will not harm children to know that there are gay people in the world – indeed, it will help some as they themselves will be same-sex attracted and it may make their coming out much easier.

The only groups who claim they will be ‘harmed’ are bigots and homophobes, as if the granting of legal rights to others compromises their own rights. This is of course not true – they are free to continue to disagree with same-sex marriage, but they should not be free to impose their prejudice on others, nor abuse the legal system in order to do so.

Arguments in favour of same sex marriage

Of course, logically, the absence of a negative does not mean a positive. While there is no reason to oppose same-sex marriage, there needs to be a positive reason for the parliament to adopt a legislative change. From my perspective, there are four main reasons: love, equality, symbolism and health benefits.

i)                    Recognition of love

The main argument for the recognition of same-sex marriage is the same reason why we have marriage at all – to celebrate the love between two people. I have attended the weddings of my sister, of my brother, of other relatives and of friends. Each ceremony has been wonderful (well, with the exception of the mandatory ‘Ruddock clause’, where the current definition of opposite sex marriage is read out, presumably to rub in the noses of gays and lesbians in attendance – this offensive piece of hateful propaganda is unnecessary in a ceremony which is essentially about love). Each ceremony also involves the warm embrace of the couple, both literally and figuratively, by their family and friends.

The love between gay couples is no different to the love between opposite sex couples, and deserves to be recognised in exactly the same way. On a more personal level, I see no reason why the love which I share with my wonderful fiancé Steve, should not be celebrated by my family and friends too. Or why we cannot stand in front of our 100 nearest and dearest and say ‘I do’. In fact, I am conscious of the fact that my parents have already reached their mid-60s. If marriage equality is lost this year, then we may have lost the opportunity for reform for 10 or 15 years.

I would be absolutely devastated if either one of my parents were not able to be here to celebrate my legal marriage simply because some people within the federal parliament now are hard of heart and mean of spirit, and want to perpetuate the ongoing discrimination against same-sex couples within our marriage law. I know that Steve feels exactly the same way – he would be gutted if either of his parents, or his grandma, were not alive when we finally had the legal right to get married in our own country. I do not understand the mentality of any parliamentarian who believes they have the right to deny that to us.

ii)                   Equality

The second argument in favour of same-sex marriage is an even simpler one. That is, people should not be treated differently on the basis of sexual orientation or gender identity; straight, gay, lesbian, bisexual, intersex and transgender people all deserve the same human rights. We have reached the point in public debate when even most of the opponents of same-sex marriage (except the truly homophobic) concede that same-sex relationships deserve all the same ‘legal rights’ as opposite sex couples. They then go into complete logic meltdown when they try and justify why they actually mean ‘all the same legal rights – except marriage’ because there is no justification to restrict the fundamental principle of equality from applying to this right as well. If gay and straight are truly equal, then same-sex marriage is not only inevitable it is also essential.

iii)                 Symbolism

No-one should underestimate the strength of this argument. It is why the gay and lesbian community is arguing so passionately, and it is also why our homophobic opponents are so upset at the possibility. If as a society we say gay people can get married, then we are saying once and for all that ‘gay is okay’. Full stop. No exceptions. Our current level of acceptance of gay people is inherently qualified – you are okay but, you are equal except, you have most of the same rights, just not all. It has led to many LGBTI Australians, myself included, feeling permanently like second-class citizens. It is also one of the reasons why I believe the internet ‘It Gets Better’ project has been so powerful and so popular. Because our parliament refuses to tell young gay and lesbian people that they are full citizens, just as worthy as their straight counterparts, it has been up to private citizens to communicate that message to their younger counterparts. I can imagine a large and incredibly diverse range of the LGBTI community collectively shedding a tear when the federal parliament delivers equal marriage, a legislative equivalent of ‘It Gets Better’, to its citizens.

iv)                 Health benefits

I touched on this earlier, in responding to those who say same-sex marriage will promote homosexuality. I suspect they mean it will ‘convert’ people or make people ‘catch gay’ (which is patently ludicrous). But, if they mean it in the sense it will encourage people who are actually lesbian, gay, bisexual, transgender or intersex to accept themselves and live a happier life, then I say “Damn right!”

As most people would know, LGBTI youth are far more likely to suffer from depression, to attempt suicide or most tragically to take their own life. And as most people would know, many of these mental health problems stem from their lack of acceptance by friends, family and society at large. Being denied full equality is surely a part of this. As eloquently put by psychologist Paul Martin in the GetUp! ad on 19 November, “until we end institutionalised discrimination, same-sex attracted young people in particular will continue to suffer as a result of the message [of inequality] we are sending them”.

From personal experience, I know the pain of living in an environment which does not accept you. Growing up gay on a farm outside a small town in Queensland, with very conservative parents, and then attending a religious boarding school which made no secret of its disdain for homosexuals, I almost became one of the statistics – it is only through a combination of luck and strong will that I did not take my own life, where so many others have and sadly continue to do so. So I know that, while it would not change the world completely, introducing same-sex marriage would make things just that little bit brighter for young gays and lesbians around the country. And that can only be a positive thing.

You will note that I have excluded some of the other arguments which are commonly employed by some people. For example, I do not have a lot of time for the argument that introducing same-sex marriage will lead to an economic bonanza (that a pink wave of weddings will lead to a boom in related industries) because I think that this trivialises what is fundamentally a question of human rights.

I also do not include the growing acceptance of gay marriage, as evidenced through opinion polls, as a stand-alone justification for its introduction. I think the arguments for the introduction of same-sex marriage described above are so powerful, and the arguments against so weak, that it should be introduced irrespective of its level of community support, whether that be 20, 50 or even 80%. Human rights are human rights, and remain rights even if there is popular opposition to them.

So, we have seen that there are no substantive arguments against equal marriage, and strong arguments for its urgent introduction. Which means that the result should be straight-forward, shouldn’t it?

Civil unions are not the answer and would only be a distraction

I am growing concerned that, later this year, some parliamentarians may try and take the focus away from genuine marriage equality, and instead aim for ‘civil unions’. This worry derives from the fact that civil unions are a red herring which can easily distract otherwise sensible people from the goal of full equality. Superficially, the argument that some people have concerns about the term marriage, so why don’t we give same-sex relationships the same legal rights but call it something else (ie civil unions), is attractive. Everyone wins, right?

Wrong. Civil unions are a compromise that would satisfy no-one. Setting up an entirely new system of relationship recognition for LGBTI Australians would not end discrimination, instead it would perpetuate and entrench it. If we are trying to overcome the treatment of people as second-class citizens we would not give them a second-class relationship category. The principle of ‘separate but equal’ has been comprehensively debunked from Brown v Board of Education of Topeka 1954 onwards. Separate but equal can never be equal.

Civil unions would also only ever be a half-way house. Even in countries which have introduced civil unions as an attempted compromise, the movement for full marriage equality continues – and will likely ultimately succeed. Therefore, the introduction of civil unions here should not be countenanced, whether by people who see it is a useful stepping stone or others who see it as a useful tool to suppress or delay equality. I cannot put it any more bluntly than this – in 2012 nothing short of full equality will do. Other groups do not accept separate but equal status, and lesbian, gay, bisexual, transgender and intersex Australians will not accept second-class status either.

Conclusion

So, as has become clear through-out this submission, there are no strong public policy arguments against equal marriage, and several strong arguments in favour. No-one would be harmed by its introduction, and there are no other valid options except for full equality. So now is the time for our 226 elected representatives to live up to their collective responsibility and just get it done already.

One of the best aspects of this issue is just how easy it is to redress. It would take just one Act of parliament to achieve. There would be no cost involved to the government, and none to the citizen – with the exception of those couples who could then chose to enter into a marriage (a choice which should be theirs alone and not the choice of their parliamentarians to make on their behalf). There are very few times when parliament can do such a purely positive thing, to immeasurably increase the human happiness of their constituents, without any negative or cost. I implore you to take advantage of this opportunity now and not let it wait another 10 or 15 years.

I ask you that, because, on a personal level, I am engaged to a wonderful man and would dearly love to be able to get married in my own country, and to have as many of my family and friends to be there as possible. I met my fiancé Steve 2 weeks after my 30th birthday. I had begun to doubt that I might ever meet the one, and then suddenly there he was, right in front of me. He is the most wonderful partner I could ever imagine, and I love him with all my heart. We have been together for almost four amazing years, through thick and thin, and I hope that other couples, same-sex and opposite sex, have relationships as good as ours.

Steve and I got engaged over two years ago. At some point in the next year or two, we will have our wedding. Obviously, we are both looking forward to the celebration that entails. We have delayed naming the date in the hope that we might be able to do so in Australia, depending on what happens in federal parliament later this year. If marriage equality is passed, then we will be able to have around 100 of our nearest and dearest present with us for our special day.

But, in the event the legislation fails, then we do not see any way that it will be passed in the next five years (at least – and more likely 10). We would obviously not wait for the next Bill, and be engaged for potentially close to a decade, if not longer, but would be forced instead to go overseas and get married in a different country. While some people may think that this is romantic or an adventure, I think that it is profoundly disappointing.

It would mean that many of our friends, and at least some of our family members, will not be able to be there with us (whether that be because they have small children, it costs too much, they cannot take time off work, it is too far etc). Because Steve and I are a ‘normal’ engaged couple – in the sense that we both plan on only having one wedding in our lifetimes – this means that parliamentarians who vote no on marriage equality this year are effectively taking those people away from our ceremony, limiting the amount of people who can be there for our wedding day. I am acutely aware that those lost memories will never, ever be given back.

I hope that this is something which parliamentarians who are considering voting no think about before they cast their vote later this year. In fact, I would welcome the opportunity to be able to discuss the issue of marriage equality, face to face, because I am confident in the power of the arguments for, and in the weakness of the arguments against. However, given I will likely not be able to speak directly with those parliamentarians before the Bill, I would like to conclude my submission with a personal message, and a series of questions, just to them.

A message to the parliamentarians considering voting against marriage equality

To those MPs and Senators who are considering voting against legislation which would introduce marriage equality, I would like to make the following points:

  • Of all the bills which you will vote on in your entire parliamentary career, there will always be a group of people in the community who will judge you according to this particular vote, and whether you stood up for equality and love, or for discrimination and prejudice.
  • If you do not appreciate the characterisation of the issue in that way, then I am sorry, but you are going to have to get used to it. This vote is that simple – either you vote for equality or against, either you believe that lesbian, gay, bisexual, transgender and intersex Australians are first-class citizens, or you think they are inherently second-class.
  • Further, if you vote no on marriage equality, then please do not ever again say that you stand up for lesbian, gay, bisexual, transgender and intersex Australians, or believe that they deserve equal rights. If you do so, we will rightly point out your hypocrisy.
  • Down the track, if your views change and you come to regret your vote, then please do not say that you did not understand what you were doing at the time – the arguments have all been made, and you must be aware by now of the consequences of your actions.

And finally, I would like to leave you with the following questions to contemplate before you vote no:

  1. Have you told all of your gay and lesbian colleagues, staff, friends and family members that you think they are second-class citizens and deserve less legal rights than you?
  2. Have you considered how you are likely to reflect upon this vote in 20 years’ time – will you be proud of your actions in parliament, or will you try and disown them?
  3. Are you comfortable being remembered as someone who stood against the tide of progress, in the same way that we now consider someone who supported apartheid, or who supports discrimination against women or indigenous people?
  4. Will party allegiance or political considerations be enough to make you feel better for having voted against the human rights of your fellow citizens?
  5. Given we all know that marriage equality will eventually be achieved, at some point in the next two decades, what will voting against it this year actually achieve, other than simply delaying the inevitable?
  6. What would you say to an elderly lesbian, whose partner dies between now and when equal marriage is ultimately legalised, but who was never able to legally marry the person they love, at least in part because of your actions?
  7. How would you explain your vote to a mother or father, who simply wants to celebrate their gay son’s wedding, in exactly the same way they have celebrated the wedding of their heterosexual son and/or daughter?
  8. What message do you want to send to a same-sex attracted youth , growing up in a country town and having trouble accepting their sexuality in a society which does not value them as much as their straight peers?
  9. How will you feel, waking up the day after the vote, knowing that your actions have helped to break gay and lesbian hearts rights across the country?
  10. Finally, and most importantly, if you had a gay child or grandchild (or your best friend had a gay child or grandchild) could you honestly explain to them why you thought you were better than them, and that you deserved to have a legal right that they did not, just because you were straight and they were not?

New Zealand Marriage Equality Submission

The following is my submission to the New Zealand Parliamentary Inquiry into their marriage equality legislation. I think that it is a fantastic initiative of their parliament to allow submissions from Australia, and I hope that they pass equality later this year or early next year, even if it casts an even larger shadow over the performance of our parliamentarians on this issue.

new_zealand_flag

First, as a citizen of Australia I would like to thank the Parliament of New Zealand for allowing people from across the Tasman to make a submission to your inquiry on the Marriage (Definition of Marriage) Amendment Bill 2012.

This is an important inquiry on legislation which has the ability to affect a wide range of people, not just in New Zealand, but also from other countries in the region.

I am one of those people who could potentially be affected. I am a 34 year old gay man living in Sydney with my partner of more than four years, Steven. We have been engaged to be married for almost three of those four years (I proposed to him at the beginning of 2010, and to my eternal happiness he said yes).

However, as you would be aware, the Parliament of Australia voted in 2004 to ban same-sex and gender diverse marriages, and extended this ban to apply to couples wishing to get married in other countries (by deciding not to issue certificates of no impediment to same-sex and gender diverse couples).

Even worse, as I am sure you are also aware, the Australian Parliament recently voted to reconfirm its opposition to marriage equality, and did so by a large margin (98 to 42 in the House of Representatives), meaning that marriage equality is unlikely to be recognised within Australia (at least at the federal level) for the foreseeable future.

Nevertheless, there was a brighter moment early in 2012 when the Australian Attorney-General, the Hon Nicola Roxon MP, overturned the previous ban on the issuing of certificates of no impediment. This means that, despite being denied the right to marry in our own country, there is now no legal obstacle to our getting married in those countries where it is legal.

But there are other obstacles. While we can choose to get married in a range of countries, they are all some distance from Australia. This means that any option to get married for Steven and I would be expensive. Much more importantly, it means that any option to get married overseas would likely to be too far and too expensive for most of our family members and friends to come along with us and be there for our special day. And we both have elderly grandmothers for whom travelling to Europe, North America, South America or South Africa would be out of the question.

For Steven and I, and countless other couples like us in Australia, this is a heartbreaking decision. We can either legally get married in another country, but do so in the absence of the special people in our lives, or choose to wait many years before we can get married in our own country, and risk people like our grandmothers no longer being with us.

The legislation which is currently being considered by your Parliament might provide an opportunity for couples like us to be able to travel to our neighbour, and get married with many more of the special people in our lives being able to join us. I believe that many couples would make the same decision that we would – if marriage equality were to be legalised in New Zealand, and available to citizens of Australia, we would seek to get married in your country.

Some people might try to make an economic or financial argument based on this fact (ie that same-sex and gender diverse marriages from across the Tasman would provide a windfall to New Zealand). I do not support this proposition because fundamental human rights should never be determined by whether a nation benefits from it financially.

However, I do make the argument that, by legislating for marriage equality, and allowing same-sex and gender diverse couples within New Zealand, and from around the region including Australia, to get married, you would be substantially increasing human happiness. There are few moments where politicians have the opportunity to do that so decisively – by voting yes, you would not just bring happiness to the couples getting married but also to the family members and friends who finally get to celebrate that fact.

This submission may seem somewhat self-interested – after all I am putting forward my case as to why I should be able to access a legal right in your country. But it is also selfless in the same way that true love can be. Because I don’t just want to get married for my own benefit – I want to marry my fiancé Steven because I know that it would make him happy, and that our wedding would also bring happiness to countless others.

That makes me no different to any heterosexual person who wishes to get married, and no different to the same-sex and gender diverse couples within New Zealand who also wish to have a legally recognised wedding.

Obviously, your primary duty as elected representatives of New Zealand is to represent them. And I am sure that LGBTI New Zealanders are making the necessary arguments to you based on love, equality, acceptance and respect which all support the introduction of a definition of marriage that does not discriminate on the basis of sexual orientation or sex and gender identity.

If you accept those arguments and vote yes, you will no doubt bring happiness and joy to same-sex and gender diverse couples within New Zealand who wish to get married, and to all LGBTI New Zealanders for being recognised as full citizens.

What this submission has tried to make clear is that the positive outcome of a yes vote is not restricted to New Zealand and its citizens – the benefits of supporting this legislation could extend to couples from other countries, including Australia like Steven and me, who may also be able to get married as a result.

And who knows, just like with giving women the right to vote in 1893, a first move by New Zealand on this legislation might be enough to convince Australia’s own parliamentarians to finally vote for marriage equality.

Update: New Zealand passed marriage equality in April 2013, with weddings set to commence from August. What a wonderful achievement from our cousins across the Tasman, and what an indictment on Australia’s politicians that we do not appear even close to passing similar legislation here. Anyway, possibly the best moment of the NZ marriage equality debate happened immediately after the Bills were passed, with the Gallery breaking out into a traditional Maori love song. Simply beautiful:

http://www.youtube.com/watch?v=ilMBLV3A6ug

139 People Standing Against the Tide of History

First, a disclaimer: this is hardly an original column. There have been many other bloggers and social media users who have posted the full list of our federal parliamentarians who recently rejected equal marriage. One particular website which is impressive in both its comprehensiveness and usefulness is ‘the98against’ (for those Members of the House of Representatives who voted no) and its corresponding Senate site (‘the41against’), which also helpfully provides the contact details of each MP.

Nevertheless, I think it is important for us to document – in as many places as possible, and as loudly as possible – the names of each and every Australian parliamentarian who decided that only opposite-sex couples should have the legal right to marry in this country. These 139 people decided that there are some rights which should only be granted to heterosexuals, and to entrench this homophobic distinction in our nation’s laws for several more years (at least).

The majority of the list is made up of Coalition MPs. In fact, every Coalition MP who voted cast their vote against equality and for discrimination. This is in part the direct result of Opposition Leader (the not very honourable) Tony Abbott’s decision to deny Liberal and National MPs a conscience vote. However, it is also partly a consequence of the gradual decline and death of the moderate wing of the Liberal Party, and the failure of Coalition MPs to exhibit any evidence of a spine by voting for equality anyway (despite constantly reminding others that they are free to cross the floor on any vote).

Indeed, only one Coalition MP deserves any kind of pass mark – and their name is not Malcolm Turnbull. Liberal Senator for Queensland Sue Boyce gave a principled and dignified speech in favour of equality and then abstained from the final vote (one assumes to preserve any kind of future within the now-quite-illiberal Liberal Party).

Malcolm, on the other hand, cast his vote against equality, just like Tony Abbott and Cory Bernardi. In the one place where it counted – on the floor of parliament – there was nothing to distinguish Malcolm from Cory; and that is something which the electors of Wentworth should keep in mind at the ballot box next year.

In fact, the list below shows a range of people who have voted against equality despite having a high number of LGBTI Australians living in their electorates. This includes Teresa Gambarro in Brisbane, Kevin Rudd in Griffith, Jane Prentice in Ryan, Turnbull, John Murphy in Reid, Kelvin Thomson in Wills, Michael Danby in Melbourne Ports and Kelly O’Dwyer in Higgins. They should all fear repercussions from progressive voters come next year (although how much they suffer remains up to us).

Of course, the list below includes a number of ALP parliamentarians, who chose to exercise their ‘conscience’ vote and reject the ALP’s official platform, which, as of last year’s national conference, actually supports same-sex marriage. It includes a range of people who really should know better – as well as Thomson and Danby, I would add to that list Julie Owens, Daryl Melham and Anna Burke.

And then there is the former Prime Minister, Kevin Rudd. After foxing for months on the subject – and giving the impression to marriage equality supporters that he would vote yes – Kevin disgracefully voted to entrench inequality in federal law. Thus he amply demonstrated that he has not grown during his time on the backbench, and those people who are looking to the future of the ALP should no longer cast their eyes in his oh-so-eager, ‘please pick me’direction.

Rudd’s cowardice, on top of Julia Gillard’s ongoing capitulation to the Christian Right, has cast the spotlight on those ALP MPs who are thinking about the future, and what a ‘no vote’ would have looked like on their record in 2, 5 or even 10 years from now (a hint: it is the equivalent of someone saying today that they continue to support discrimination against Aborigines).

Stephen Smith voted yes, possibly for this reason, as did Jason Clare. Bill Shorten’s vote was the most encouraging – he is a political pragmatist of the highest order and a (well-known) self-promoter. It speaks volumes that he knows which way the wind is blowing. By being clever on this issue, Shorten has confirmed his place near the front of the queue of who should lead the party when we eventually get rid of Gillard (Greg Combet would also have to be on that list simply because of his general awesomeness, while Mark Butler is a longer-term consideration).

In fact, in the medium term this vote will be able to be used by a weapon by an astute future Labor leader against the Liberals. Whenever a matter of social policy or social justice arises in 2017, or 2023, the ALP head will be able to point to Joe Hockey, or Josh Frydenburg, or any MP who is currently in Parliament, and point to this vote to show how regressive they truly are. It is definitely something to store away for a rainy day.

In the meantime, those of us who simply want the right to get married in our own country will have to wait. And the size of the loss – 98 to 42 in the House of Reps – means that wait may be quite long. Contrary to popular opinion, while the tide will continue to move in our direction, the fact that people are now on record for and against (well, overwhelmingly against), means that it necessarily will take a public about-face for those MPs to support equality in the future. Saying that they got something wrong is not intrinsic to the nature of most politicians.

Even if the Liberals will have the excuse that they were denied a conscience vote this time, their recorded vote against will nevertheless be a factor in considering where to cast their ballot next time around. And the disturbingly high number of ALP MPs who voted no, despite being free to vote yes, demonstrates that there is still significant work to be done on the left side of politics as well.

In fact, the scale of this defeat, especially in the House of Representatives, has done nothing more than confirm to me the likelihood that it will take at least a couple of federal elections, and possibly three, for there to be sufficient turnover such that a future federal parliament is in the position to support marriage equality. No wonder the AME and other marriage activists have transferred their attention to securing same-sex marriage at state and territory level. For the foreseeable future, that is likely to be much more fertile ground.

 

House of Representatives Members who voted no:

Abbott, AJ Adams, DGH
Alexander, JG Andrews, KJ
Andrews, KL Baldwin, RC
Billson, BF Bishop, BK
Bishop, JI Bowen, CE
Bradbury, DJ Briggs, JE
Broadbent, RE Buchholz, S
Burke, AS Byrne, AM
Chester, D Christensen, GR
Ciobo, SM Cobb, JK
Coulton, M Crook, AJ
D’Ath, YM Dutton, PC
Emerson, CA Entsch, WG
Fitzgibbon, JA Fletcher, PW
Forrest, JA Frydenberg, JA
Gambaro, T Gash, J
Gillard, JE Griggs, NL
Hartsuyker, L Hawke, AG
Hayes, CP Hockey, JB
Hunt, GA Husic, EN
Irons, SJ Jensen, DG
Jones, ET Katter, RC
Keenan, M Kelly, C
Laming, A Ley, SP
Lyons, GR Macfarlane, IE
Marino, NB Markus, LE
Matheson, RG McClelland, RB
McCormack, MF Melham, D
Mirabella, S Morrison, SJ
Moylan, JE Murphy, JP
Neumann, SK Neville, PC
O’Dowd, KD O’Dwyer, KM
O’Neill, DM Owens, J
Prentice, J Pyne, CM
Ramsey, RE Randall, DJ
Ripoll, BF Robb, AJ
Robert, SR Rowland, MA
Roy, WB Rudd, KM
Ruddock, PM Schultz, AJ
Scott, BC Secker, PD (teller)
Smith, ADH Somlyay, AM
Southcott, AJ Stone, SN
Swan, WM Symon, MS
Tehan, DT Thomson, KJ
Truss, WE Tudge, AE
Turnbull, MB Vamvakinou, M
Van Manen, AJ Vasta, RX
Washer, MJ Windsor, AHC
Wyatt, KG Zappia, A

Senators who voted no:

Abetz, E Back, CJ
Bilyk, CL Bishop, TM
Boswell, RLD Bushby, DC
Cash, MC Colbeck, R
Collins, JMA Conroy, SM
Cormann, M Edwards, S
Eggleston, A Farrell, D
Fawcett, DJ Fierravanti-Wells, C
Fifield, MP Furner, ML
Gallacher, AM Heffernan, W
Hogg, JJ Humphries, G
Johnston, D Joyce, B
Kroger, H Macdonald, ID
Madigan, JJ Mason, B
McKenzie, B Nash, F
Parry, S Payne, MA
Polley, H Ronaldson, M
Ryan, SM Scullion, NG
Sinodinos, A Smith, D
Stephens, U Sterle, G
Williams, JR

A Tale of Two Speeches Part 2

A Tale of Two Speeches Part 2

I have chosen to reproduce another two speeches from the Senate’s debate on marriage equality over the past week. These two Senators from South Australia encapsulate everything that is right – and sadly, everything that is wrong – in Australian politics. Senator Penny Wong’s speech is yet another example of her amazing capacity for both passion and eloquence on an issue which is obviously personal and yet clearly much bigger than the interests of her and her immediate family.

Senator Bernardi’s speech is already infamous, both within Australia and internationally. He deservedly lost his position as a Parliamentary Secretary to the Opposition Leader for introducing the repugnant comparison of allowing equal marriage with future calls for bestiality to be recognised. It is to his, Tony Abbott and the Liberal Party’s shame that he still retains his position as a Senator – and this is something which the voters of South Australia should remember next year when they are casting their ballot for the upper house.

Of course, there were many other notable speeches both for and against which I could have included. One of my previous bosses – Senator John Faulkner – gave a dignified and appropriately serious call to arms for people who support progressive change (does he ever do anything else?). And Senator Helen Polley disgraced herself yet again, not to mention sullying the reputation of every member of the Australian Labor Party, by reading out a constituent’s letter raising the spectre of a future ‘stolen generation’ should equal marriage be legislated. Shame on you Senator Polley – what a warped view of love and sexuality you must have.

Senator Wong

(South Australia—Minister for Finance and Deregulation) (12:00): This is an important debate for Australia. It is an important debate for this parliament, because the issue at the heart of this debate is fundamental to who we are and what we believe. This is a debate about the principle of equality. The aspiration of and struggle for equality has been a constant in our history. Australia has not always been an equal society, but ultimately we always move in the direction of greater equality, and we should not forget that it is a progression that is greater than any one vote.

The Marriage Amendment Bill (No. 2) 2012 is a step along the path of progress, and that fact is demonstrated by what we have seen while this vote has been on the horizon. Our numbers have grown, as the numbers of those who oppose marriage equality have got smaller. The momentum has been one way. Many of my colleagues who have previously opposed marriage equality now support it. I acknowledge them and I thank them because, like me, they know that the principle of equality is inherent in who we are and it is central to the world we want for our children.

Equality is more enduring than any single generation. It is a principle that will continue to inspire, and it is a fundamental right. If you look at the span of history, of social change, the calls for equality have been persistent and they have been successful. We have seen changes to ensure individuals are not discriminated against because of their gender, their race or their religion—reforms that see all Australians treated equally in the community and in their workplaces: the quintessential idea of a fair go for all.

Much has been said in this debate about relationships, about families, about parenting and even about the so-called threats to the nature of Australian society. But let us be clear what we are debating here: we are being asked to consider whether the state, through law, should continue to discriminate against some Australians solely on the basis of their sexuality. We are being asked to consider whether in today’s Australia we should continue to ban two consenting adults from marrying because and only because they are of the same sex.

If you subscribe to the principle of equality, as I am sure most in this chamber would, then substitute same-sex for race in this debate and see if it changes your view. Just imagine if we told Australians today they could not get married because the person they love is of a different coloured skin. Imagine if we told Australians today they could not get married because the person they love is of a different religion. Such notions are rightly seen as anachronistic. And, in 2012, it is truly sad that some still feel the need to constrain the freedom of others to make a commitment to the person they love through marriage.

I do believe marriage is unique. I believe that marriage is special and that it is a bedrock institution of society. I believe that marriage should be valued. But marriage does not need to be walled off from some Australians in order to preserve its worth. The heart of marriage is the love of and commitment to another. This promise, the vow of marriage, does not discriminate and nor should our laws. But the Marriage Act as it is currently worded is discriminatory. It involves different treatment and lesser rights to certain individuals on the basis of their sexuality. The discrimination could not be more real.

There are many arguments that have been put in this place and in the debate more broadly by those seeking to continue marriage inequality. People have argued that same-sex marriage would undermine the institution of marriage—that marriage as a concept is immutable and therefore unable to accommodate gay and lesbian Australians. Then there is perhaps the most hurtful of arguments: the view that marriage is an institution of procreation and therefore same-sex couples are not welcome. I believe it is worth discussing these arguments each in turn because, when held up to scrutiny, they are clearly without foundation.

As I have said, some have tried to claim that allowing same-sex couples to marry will somehow destabilise the very foundation of marriage, that it will undermine what marriage is. But this not a zero-sum game. My getting married does not preclude a heterosexual couple from getting married. Indeed, the argument that allowing me to marry the person I love will somehow make their love less says more about their relationship than mine. So I say to those who oppose this bill: ‘You do not need to legitimise your relationship by undermining mine. You do not need to tell me and the thousands of other same-sex couples that our relationships are less worthy, less valid or less important. We know the worth of our relationships. We will not allow them to be diminished in this debate and we do not accept them being diminished by this law.’

As I said, I agree marriage is both unique and important. Same-sex couples believe marriage is an important institution. That is why we want the choice to enter it. For those opposite who may think this view is only held by some on the progressive side of politics, look at the statements of British Prime Minister David Cameron, who last year said:

I don’t support gay marriage despite being a Conservative; I support gay marriage because I’m a Conservative.

He is a Conservative Prime Minister who makes a very important point: that institutions are not weakened by inclusion.

Inclusion and tolerance have always been the guiding lights of social progress. They have always shone brightly on discrimination and, time and time again, have shown us that our similarities will always be greater than our differences. Our society is strongest when we are accepting, when we enable equality to overcome exclusion and when, with open eyes, open minds and open hearts, we cherish diversity and value inclusion. Exclusion so often unearths the worst in us, because it reflects the least worthy aspects of society. So often it is driven by ignorance or, worse, by prejudice. That is why the argument that the institution of marriage is strengthened by exclusion is as spurious as it is hurtful. It is discrimination, plain and simple.

There are those who argue that the institution of marriage is immutable; that it has not changed since time immemorial. Such statements ignore how much the understanding of marriage has varied. Marriage has changed from being a concept of ownership to being one of genuine partnership.

Marriage was previously banned for interracial couples and it took a Supreme Court decision in the United States to overturn this. Australian history provides further examples. In 1901, JC Watson, later to become the first Labor Prime Minister, asked during a debate on the Immigration Restriction Bill:

The question is whether we would desire that our sisters or our brothers should be married into any of these races to which we object.

These views were once normal. These views of marriage were once predominant—but no longer. In my own family, I have seen this change. My parents married during the last years of the White Australia policy; what was seen as an interracial marriage, remarked on in its time, would in today’s Australia be unremarkable. Indeed, marriage as an institution has proven to be flexible in reflecting the social norms of the day—far from being set in stone, it has responded to social change. If passed, the bill before the chamber would see marriage again reflect the values of our society.

I want to turn now to the place of religious belief in this debate. I believe in freedom of religion and in the right of Australians of faith to express and practise their faiths and traditions. I support the provisions in the bill which protect the church from having to marry same-sex couples if their faith does not permit it. The real question here is the line between religious teaching and secular laws—whether those who hold a particular belief should impose that view on all. The majority of Australians now marry in civil, not religious, ceremonies. Should the views of some who hold particular beliefs determine the legitimacy and eligibility of those who choose to marry outside of religious services and beyond their church? I think not.

Some also argue that marriage is about children, and that same-sex couples cannot or should not have children. This is an argument that brings with it a fair amount of logical confusion. To suggest that you can or should only have children if you are married is inconsistent with the reality of today’s Australia. To suggest that marriage should only be defined by reference to children would mean that marriages in which someone is infertile would not be allowed, that marriages where the couple did not want to have a family would not be allowed and that marriages where the couple were too old to have children would not be allowed. Clearly, this is not the case.

But underlying this position—and perhaps the most hurtful argument of all—is the view that some Australians are not worthy of being parents simply because of their personal attributes. That is, because of our sexuality, our worth as a mother or father is lessened. The fact is same-sex couples already have children. Denying marriage equality will not change this. Bringing an argument about the worth of our families and about the value of our parenting into this debate is dishonest and it is objectionable. The quality of parenting, whether by a straight person or a gay person, will never be determined by a political argument. The love that a parent—straight or gay—has for their child is seen in the days and nights and years of love and nurture and hope and so much more.

The arguments of those that oppose this bill do not stack up. But perhaps what is worse is the vein of prejudice that runs through some of the contributions in the debate over marriage equality. As this debate has occurred over the past weeks, homophobia has increasingly come to the fore. It is an undeniably ugly vein that runs deep in some of the arguments against marriage equality, and it is regrettable, hateful and hurtful.

There are those who say homosexuality is a greater hazard than smoking. There are those who suggest that gay and lesbian Australians are promiscuous yet in the same breath criticise us for wanting to have our relationships recognised through marriage. There are those who lump homosexuality into the same category as bigamy and those who talk about the normalisation of homosexuality. Well, we are normal and we are here.

Gay and lesbian Australians are no different to all other Australians. We come from all walks of Australian life, from all regions and from all income brackets. We are your daughters and your sons, your brothers and your sisters, your mums and your dads, your coworkers and your friends, and we have the same aspirations, the same ambitions and the same hopes. We are not so different. It is time to recognise this.

I stand here today as a proud member of the Australian Labor Party: a party that in government has done more to progress the interests of gay and lesbian Australians than any other; a party that changed its platform last year to support same-sex marriage and to allow a conscience vote on this issue; a party big enough and brave enough to accept differences of views, and to support three of our senators, and the member for Throsby in the other place, introducing this bill—a braveness not matched in the leadership of those opposite. When the Liberal Party denied its parliamentarians the right to vote with their conscience on marriage equality, they ensured its defeat in the 43rd Parliament. The maths is as simple as it is devastating.

We often talk about the negativity of politics today, but this is different. It is not some tired, three-word slogan; it is worse. The party which preaches individual freedom refuses to allow a free vote on this most personal of issues. I welcome the comments of Senators Birmingham and Boyce, Mr Turnbull and Dr Washer, who have put on the record their desire for a conscience vote on this matter. On another day, at another time, I hope that they, along with members of the Labor Party, the Australian Greens and others, will have the opportunity to sit side by side in support of marriage equality.

There will be some who will see this week’s result as a vindication of their opposition to same-sex marriage—and they will be wrong. There will be many who will look at the members of this chamber and think that the parliament has failed them—and they will be right. We have failed to uphold the principle of equality in the law. The parliament as an institution should reflect the best of Australia. It should inspire tolerance and acceptance. It should encourage respect. On this issue, our parliament is lagging behind our community.

The result of this vote will be disappointing to many thousands of Australians. To all the friends, to the mums and dads, to the sisters and brothers, to the mates and to the colleagues of gay and lesbian Australians: I encourage you to keep the fight for equality going. We are on the right side of this debate and on the right side of history. We are on the side of equality.

This parliament may miss its opportunity to right a wrong, but it will only be through your perseverance that we can guarantee that the next time this comes to a vote there will be no choice but to support equality. Remember, many steps towards equality in this country were not won the first time nor even the second. Many were achieved only after years of action and of activism. But the aspiration for equality is persistent, and it cannot be denied forever.

To the Australian LGPTI community who feel disappointed, I encourage resolve and, particularly, to young gay and lesbian Australians, to those who may not have come out yet or are finding their way, I want you to know that the prejudice you have heard in this debate does not reflect the direction in which this country is going. Those who oppose this bill speak to the past. I and my colleagues are talking to a better future because, whatever happens in the parliament this week, our relationships are not inferior, our relationships are not less equal and our love is no less real. We will get there—perhaps not in this parliament, but one day. One day we will be recognised as equal.

For us, this is the most personal of debates. It is about the people we love most in the world, the people who give meaning and hope to our lives. It is about our families. And, ultimately, it is not only about what we want for ourselves; it is about what we want for our children. We all hope for our children an easier path, that the challenges life presents will be surmountable. I do not regret that our daughter has Sophie and I as her parents. I do regret that she lives in a world where some will tell her that her family is not normal. I regret that, even in this chamber, elected representatives denigrate the worth of her family. These are not challenges she deserves. None of our children deserves such challenges. So I will not rest in the face of such prejudice. I want for her, for all of us, an Australia which is inclusive and respectful. This is why this campaign will not end here: because we who argue for equality are not only standing for principle, we are also standing for the people we love—and there is nothing more powerful than this.

I say to those opposing this bill: you have nothing to fear from equality. Let us judge relationships by the markers which matter—love, respect, commitment. Let our laws reflect these most cherished values and give voice to the equality that is due.

Senator Bernardi

(South Australia) (21:22): I have spoken many times in this place about the importance of traditional marriage. In fact, I spoke about marriage in my maiden speech in this place over six years ago. In that speech I said:

Marriage has been reserved as a sacred bond between a man and a woman across times, across cultures and across very different religious beliefs. Marriage is the very foundation of the family, and the family is the basic unit of society. Thus marriage is a personal relationship with public significance and we are right to recognise this in our laws.

I have been and always will be a strong supporter of traditional marriage and its current definition, being a union between a man and a woman. Marriage is accorded a special place in our society because it is a union that is orientated towards having children, thereby ensuring the continuation of our population and civilisation. Society benefits from marriage, so marriage is accorded benefits by society. At the base level marriage is concerned about what is best for society, rather than being concerned about the so-called rights of the individual. Changing the definition of marriage would indeed change the focus of the institution itself. It would put the focus on the desire of adults, as opposed to having the focus on the production and nurturing of an environment for the raising of children for the benefit of society.

I know that not every marriage has children but marriage is a foundation for the family unit upon which our society is built. It has proven itself as the most sustainable and effective social support and training environment for our future generations. I recall columnist Miranda Devine quoted a UK Family Court judge in 2010 in which he noted that family breakdown is the cause of most social ills and that, despite its faults, marriage should be restored as the gold standard and social stigma should be reapplied to those who destroy family life.

The Australian Institute of Family Studies has found that children of married couples benefit from marriage because they have higher levels of social, emotional and educational development in comparison with children who do not live in that traditional environment. Married mothers are more likely to be employed or hold a university degree and married-couple families are less likely to come up against financial problems. While the authors of the research were keen to stress that this is because of a family’s financial situation and the educational qualifications of the mother, it does give me cause to wonder: doesn’t marriage itself help to provide financial stability and better outcomes? That seems to be a case for opening marriage up to any environment and to any union of two people, as Senator Cameron said, who happen to love each other, but in a family environment it is children who should be the primary concern and children benefit from having both a male and a female role model living in a house—two people that love each other in a permanent union.

We have all seen the sad effects of marriage breakdown and the adverse impacts it can have on children. We have to also acknowledge that today families do not always come as the gold standard where mum and dad do live together under the one roof of a house and love each other and provide that nurturing environment. I have always said that a child is better in any environment where it is loved and that is irrespective of the circumstances, but it will not stop me from advocating that traditional marriage is the absolutely best environment for the rearing of the next generation. So whatever the forms that families take in this modern day and age—and they do come in so many different forms with some people being individual parents and indeed same-sex couples also raising children and they all do an amazing job in the circumstances—as I said, I will not stop focusing on the importance of promoting and encouraging the traditional family. But simply because marriage is important that does not mean that we should redefine it. We should not open it up to all comers, because I think it would actually devalue the institution.

The move for same-sex marriage is just another step in what I consider an attack on our enduring and important institutions, particularly the social ones. It is another tear in the fabric of our social mores. The proponents of same-sex marriage, and I do not mean to generalise but this is about many of the proponents of same-sex marriage, ask for one step and they think that is all they want or they say that is all they want and they will be satisfied when this has been achieved—’Just this one thing; give us that and that will be okay and all inequality will be diminished and everyone will be equal and it will be fair’. But the harsh reality is that there will never be equality in society and there are always going to be people who feel that they have got a raw deal or have been discriminated against or do not have the same access to opportunities or advantages as others do, and to pretend any differently is really to deny reality. But history demonstrates that once those who advocate for radical social change, which I consider this to be, achieve it in any way, shape or form, there is then another demand and another demand and another demand and they slowly chip away at the very foundation of what provides our social support, stability and cultural mores and we are left with a replacement that is somehow vastly inferior to the wisdom of successive generations.

I recall that in this place only a few years ago people pushed for the same entitlements and benefits for all relationships that were then held by married couples. This was achieved. I opposed it at the time because my point was that just because people are in a sexual relationship that does not mean that they should be afforded the same rights and privileges as society affords those in traditional marriage, and I have outlined some of the reasons for that. Indeed, I advocated at the time that if it is about genuine equality and interdependency then we should advance this to interdependent relationships in which there is no sexual engagement. There are any number of those relationships, including people who live together and share bank accounts and expenses and who, for all intents and purposes, share their lives without having a sexual or physical relationship. But that was rejected, I suspect because it was not really about equality. It was not about interdependency and it was not about sharing your life with someone; it was about chipping away at the institution of marriage.

The legislation got through and I lost that debate—you win some and lose some in this business. At that stage I was one of many saying this was another step that would undermine marriage. Today we see the next step. This is another push—it is not the first time and it will not be the last time—for same-sex marriage. Time and time again the techniques of the radicals who seek to overturn the social institutions and social fabric of our society are out of step with the priorities of mainstream Australia. No-one out there that I have come across says this is the most important issue facing Australia. There are enormous social and economic problems in this country, and this debate will not solve any of them. Time and time again the same characters seek to tear down our institutions that have been built and have sustained our civilisation for thousands of years. The time has come to ask: when will it end?

If we are prepared to redefine marriage so that it suits the latest criterion that two people who love each other should be able to get married irrespective of their gender and/or if they are in a sexual relationship, then what is the next step? The next step, quite frankly, is having three people or four people that love each other being able to enter into a permanent union endorsed by society—or any other type of relationship. For those who say that I am being alarmist in this, there is the polyamory community who were very disappointed when the Greens had to distance themselves from their support for numerous people getting together and saying they want to enter into a permanent union. They were disappointed because they were misled that this was about marriage equality and opening up marriage to all people who love each other.

There are even some creepy people out there—and I say ‘creepy’ deliberately—who are unfortunately afforded a great deal more respect than I believe they deserve. These creepy people say it is okay to have consensual sexual relations between humans and animals. Will that be a future step? In the future will we say, ‘These two creatures love each other and maybe they should be able to be joined in a union.’ It is extraordinary that these sorts of suggestions are put forward in the public sphere and are not howled down right at the very start. We can talk about people like Professor Peter Singer who was, I think, a founder of the Greens or who wrote a book about the Greens. Professor Singer has appeared on Q&A on the ABC, the national broadcaster. He has endorsed such ideas as these. I reject them. I think that these things are the next step. As we accede to one request we will then have the next one which will be for unions of more than two people. We will have suggestions for unions of three or four people. I notice the Greens are heckling, but the point is that they misled their constituent base and there was an outcry about this. Where do we go then? Do we go down the Peter Singer path? Those that say this is the end of the social revolution have no history of being honourable about that. They continue to push and challenge our social and cultural mores. We simply cannot allow such an important social institution to be redefined, especially when Australians do not see this as a priority issue.

Senator Cameron was critical of his party denying some of the people in support of same-sex marriage a conscience vote, the ability to speak up in favour of what they thought was important. He neglected to mention that the Left of the Labor Party had never really supported a conscience vote. In fact, they sought to change the party’s position to support same-sex marriage. That meant that those that had a conscientious objection to it would have been bound by the Labor Party’s platform to support same-sex marriage. On the one hand Senator Cameron decried the fact that some people could not vote according to how they felt and yet he was one of the architects of this, along with people like Mark Butler. In a story in the Sydney Morning Herald Mark Butler is said to be one of those who believes that those who support traditional marriage should not be allowed to put their position forward.

I understand that this is a very sensitive debate. I also understand that senators on both sides of this chamber have very strong views. I understand some of these views are borne by personal experiences or those of loved ones and some are borne by their idea that this is a fairer and more equitable way to proceed. We have seen demands and requests for surveys of what is going on in the electorates. That was put forward by Mr Bandt in the other place. He asked for members of parliament to report back on what their constituencies thought about this argument. I have to say that a significant majority—some have suggested as many as two-thirds—reported that their constituents broadly supported marriage being retained as between a man and a woman, as was endorsed by this parliament some eight or 10 years ago.

In standing up for traditional marriage, advocates are not saying that one group is better than another or that one group is superior to another. This is, in my view, about defending what is right and what is important for society. Last year I read an article by a 19-year-old university student Blaise Joseph, who wrote:

Marriage laws are fundamentally a question of what’s best for society rather than a question of individual rights.

That view, in one way, shape or form, was shared by over 32,000 people who wrote in favour of traditional marriage to the recent Senate inquiry.

Add these views to MPs’ electorate surveys and the calls and emails I get from my own constituents and it is very clear to me that many Australians want to protect the notion of traditional marriage, for many valid reasons. These people have, in some instances, put aside their fears of being branded as intolerant, uncaring, heartless or in support of inequality by those people who profess to be tolerant of other points of view and who, in my view, look to degrade the notion of marriage. These people who have stood up against same-sex marriage in the face of a very vocal campaign are to be commended in this current culture of political correctness, where those who apparently disagree with the wisdom of the elites are somehow howled down and demonised publicly.

I am sure there are millions more Australians who share these sentiments irrespective of whether they have spoken publicly about it. I will continue to stand with these Australians and to fight for traditional marriage because I believe it is what the people of Australia want. More importantly, I think it is the right thing to do both for our children and for our society.

A Tale of Two Speeches

At some point today, Wednesday 19 September 2012, both the House of Representatives and the Senate will vote against legislation which would provide for marriage equality in Australia. The vote in the Senate will at least be close – the House of Representatives less so. This will be an incredibly devastating result for LGBTI Australians, and indeed all people who believe in a progressive and inclusive society, because it means that at least on a federal level, marriage equality will not happen for several years and quite possibly not until next decade.

Most of the words which could be written on this topic have already been, and much more eloquently than I could possibly write here. That is why I have instead chosen to reproduce two speeches here in full, taken from the Marriage Equality debate in the Senate on Monday. One is by the amazing Senator Louse Pratt, speaking in support of the Bill in the same articulate and passionate way that she has always spoken in favour of equality. The other is by Senator Ron Boswell, speaking against the Bill in well, the way that one would expect a bigot to speak.

The words of the speeches largely speak for themselves. The difference in the substance of the arguments – indeed the paucity of the arguments against used by Boswell – once again demonstrate why marriage equality is inevitable. The only shame is that it will not happen here and now, that instead we will have to wait. And the basic reason for that is that the Prime Minister, Deputy Prime Minister, Opposition Leader, Leader of the National Party and the majority of our MPs will be voting against equality. Instead, they have chosen to align themselves with ‘Team Boswell’ and not ‘Team Pratt’. We should never let them forget which way they cast their vote today.

Monday 17 September 2012 Senate Hansard

Senator Pratt

(Western Australia) (10:39): Today we are here to debate a bill which will remove the last remaining discrimination against gay and lesbian Australians from our federal law. This legislation, the Marriage Amendment Bill (No. 2) 2012, has been a long time coming. I think it is ironic that this last piece of discrimination to be removed should be the most recently introduced. I, like thousands of other Australians, was hurt and dismayed when the federal parliament back in 2004 took steps to entrench discrimination into our nation’s Marriage Act. I have always worked for fairness and equal treatment for all Australians. That principle is at the core of my commitment to politics, and it is and always will be a touchstone for me.

I would support the removal of discrimination from the Marriage Act whether or not the act as it currently stands discriminated against me personally. But it would be disingenuous of me not to put on record that in this case the act does discriminate against me. I am one of those hundreds of thousands of Australian citizens who know that the laws of our nation hold our capacity for love and for commitment to be lesser because of the gender of our partner, one of the hundreds of thousands of Australian citizens who know that the laws of our nation say we are less deserving of rights, of respect and of recognition. And we know that those ideas are not true, and that the laws that reinforce them are not right. So this debate has a personal impact for me, in addition to the commitment I have always felt to end legal discrimination against any Australian. I have grown weary over the years of making that case over and over again that, yes, I am a person like everyone else and, yes, I deserve the same treatment under the law as everyone else. But I must say I have been strengthened, over and over, by the growing support in the Australian community to end discrimination once and for all. We can see in the history of this debate that about 38 per cent support for marriage equality in 2004 grew to more than 65 per cent of the Australian community today. What is more, more than 75 per cent of Australians believe that marriage equality in this nation is inevitable. And that is hardly surprising. The gradual reform of laws at a state, territory and federal level throughout recent decades has been accompanied by a growing realisation in our community that being gay, lesbian, trans or intersex is not something to be ashamed of, or something to be hidden.

As someone who has seen the laws that denied my rights fall, one by one, in my lifetime, as someone who came of age in an Australia where being who I am was, if not universally accepted, at least no longer a shameful secret and a source of fear, I want to put on record today how incredibly grateful I am to those men and women who went before us, those men and women who were brave enough to be open about their life and open about their love in a time when doing so put them at real risk of danger, who fought for our rights regardless of what it cost them, both personally and, for many, professionally. Without them, we would not be debating this bill today. Without them, I would not be here in this parliament at all. And without them, it would not now be the norm, rather than the exception, for gays and lesbians to live openly, to be accepted by their families, their workmates and their communities. Because of that openness, because of that acceptance, for many Australians today the question of marriage equality is not an abstract one—it is about equal rights for their daughter, or their brother, or their dad or their workmates, their teammates, their friends. And if there is one thing about the Australian character that we have always been able to rely on, it is about the commitment of Australians to a fair go for the people around them.

Support for marriage equality is, in my view, about that fair go. But, more importantly, it is about support for marriage itself—recognition of the importance of lasting, committed, loving relationships and the public recognition and display of that commitment. Historically, gay, lesbian and transgender people have been denied the opportunity to make that commitment in a public ceremony recognised by the laws of our nation in the community. I think it is one of the bitterest ironies of this debate that, historically, gay people have been stigmatised as promiscuous and immoral while being denied by the law the right to demonstrate the importance and consistency of their relationships in the way that any other Australian can. Think about that. If marriage is important to our society, if mutual commitment to a shared life is important and if it is valuable in and of itself—and I think it is—and for the strength it lends our community then we should be encouraged by the desire of so many non-heterosexual couples to enter into that lifelong bond.

The simple fact is that thousands of lesbian and gay couples are married here and abroad, and I take issue with Senator Brandis when he says this bill is in breach of custom. Take a look at Australia today. Take a look at the customs of Australia today. There are thousands of lesbian and gay couples who are married, in marriages like anybody else’s. They have the same characteristics as any other, bar the official recognition of the law of our country.

I understand that some senators may be concerned, as some who made submissions to the Senate Legal and Constitutional Affairs Legislation Committee are concerned, that the removal of discrimination in the Marriage Act would force religious celebrants who feel same-sex marriage is against the principle of their religions to nonetheless preside over such marriages. But you only need to look at the facts of the Marriage Act today. The Marriage Act contains provisions that clearly and unequivocally protect ministers of religion from any obligation to conduct marriages that they believe do not accord with their religious beliefs.

So I will be voting for this bill, and I hope that all my Labor colleagues will be voting for this bill. I know the majority are. I believe that this bill fits with a sensible reform agenda and with the passion for fairness and equality that our party has always prized. I hope, too, that opposition senators on the other side of this chamber will be voting for this bill because they support the importance of marriage in our society. I believe that this bill fits with the Liberal Party’s stated commitment to the rights and freedoms of equal opportunity for all Australians, and I remind National Party senators that a great many lesbian and gay Australians live in rural and regional Australia. They are your constituents too, and I ask you to recognise their rights.

I believe that this bill, as the Legal and Constitutional Affairs Legislation Committee recommended, should be the subject of a conscience vote for all federal senators and members. This in in fact consistent with the way the Marriage Act has been treated in the past. Australians believe that coalition senators and members should have a conscience vote on this question. This is not an issue that should divide left and right. It is not a conservative-versus-progressive issue. It is not a left-wing issue. It is not a progressive issue.

It is about our recognition of the importance—to individuals and our community—of people making together a mutual commitment to a shared life. It is about the importance of marriage in our society—the importance of marriage not to the few but to the broad breadth and depth of the Australia community. If we want marriage to remain an important institution in Australia — and I certainly do — then we must make this change.

I believe this bill is good policy. It is in line with principles of equality and in line with today’s community expectations. I would support this bill, as many in this chamber and in the other place support it and as many in the community support it, if it did not affect me. But, this is a bill that personally affects me, because marriage discrimination affects same-sex couples and also affects people with intersex and transgender partners. I am sure many of you do not know that under the current law we see married couples, with children, forced to divorce against their will when one partner realises they are transgender in order to have their gender legally recognised. It is a disgrace that those in functional families with children are required to divorce so that someone can have their gender recognised. Under the current law, there are also Australians who have the legal right to marry no-one because they are legally and by biological fact intersex — that is, they are both male and female — irrespective of how they identify. The discrimination in the Marriage Act directly affects me, as well as thousands and thousands of other lesbian, gay, bisexual, transgender and intersex Australians. But it also directly affects many, many more Australians than those because legal discrimination against gay and lesbian Australians hurts not just us but our parents, our children, our brothers and sisters, our friends. It hurts everyone who loves us, just because of who we love.

So in closing my remarks in this debate, I ask senators in this chamber to remember, when they are deciding how to vote, we exist, we already exist, our relationships exist, our children exist, our families exist, our marriages exist and our love exists. All we ask is that you stop pretending that we don’t. Stop pretending that our relationships are not as real as yours, our love not as true, our children not as cherished, our families not as precious—because they are. Removing this last vestige of legal discrimination against gay, lesbian, bisexual, transgender and intersex Australians from federal law now has the support of the majority of the Australian community. It is my sincere hope that it also has the support of the majority of senators in this place.

Senator Boswell

(Queensland) (11:54): Madam Acting Deputy President Crossin, I understand we are debating your bill today. I find it a very serious debate. In fact, to me it is one of the most serious debates that we have ever had to face in this parliament, because it will fundamentally affect the way Australia reacts as a society. In my party, one of the basic philosophies is that the family is the basic unit of society and without a family you do not have a society. I cannot imagine a more severe attack on the family than undermining marriage. It is what the whole of our society is based on. It is what the whole of society over centuries—probably from the start of man—has been based on: a man and a woman getting together to procreate children and for those children to stay together under the care of a mother and a father. Without that, what do you have? What is society? That all stands before us. Fortunately, the Marriage Amendment Bill (No. 2) 2012 is not going to get through, but I have been around long enough to know that this is only the first attempt.

But what I want to say to you, Madam Acting Deputy President, is: yes, in the inner city suburbs of West End, South Brisbane and Redfern, there might be a bit of support for this, but there is certainly no support for it out in the western suburbs among the blue-collar workers, where the families are strong. Among the different communities, whether they be Catholic, Muslim or Jewish, it is an anathema. It is an anathema with my party. Senator Bishop said that he has not been lobbied very much. I can tell you, Madam Acting Deputy President, that I have not been lobbied at all except to say to me, ‘You stand up strongly for the basic unit of society, which is marriage and the family.’

I believe we now stand at the brink. We have to make a decision. Do we as a society turn away from everything we know and everything that our society is based on—the ideal that the family has been based on for thousands of years—or do we go the other way? Do we say, ‘Near enough is good enough, because it does not really hurt anyone, it does not cost anything and people want to do it; why not?’ and allow gay marriage and just give up on the ideal that the family is the basic unit of society and it gets there through marriage? We know from experience that the whole of the family—a marriage between a man and a woman—allows children to live in a safe, protected environment where they are allowed to grow into adults and pass strong values on to their children. The family is a continuum. We know this from experience, and therefore we continue with that ideal and look to uphold it.

I believe people have not thought this through. I think people in Australia do not give a lot of thought to these important issues, and we as members of parliament have to. From a distance, the issue of gay marriage looks a lot like other issues for Australian voters. From the outside it looks like it does not harm anyone, does not affect any individual who does not engage in it and does not seem to harbour any cost to the taxpayer or any other organisations. It seems relatively harmless—a relaxation of laws and conventions. If it does not hurt me and it does not hurt them, who does it hurt? It hurts society—that is who it hurts—and people have not thought it through.

What happens when the conventions are relaxed? What happens after the conventions have been removed? Marriage is based on a man and a woman, for the reason of having children. Two men and two women cannot conceive without some outside assistance. Marriage is not just a convention or a mere formality; it is a mechanism that was created by society to bring two sexes together and create a foundation of moral, social and legal protection and stability. Without this foundation, we are risking the lot. Like all things that have a foundation, society has a foundation. What is it based on? What is society based on? A man and a woman getting together, having children and then, in a broader sphere, an outer family of cousins, uncles and aunties, all providing support for the family, and that family fighting like crazy to make sure their kids get a good way of living, a good education and sometimes even the parents backing them into a home—people standing up for their family. The family is what people give their children. They send them to expensive schools and make great sacrifices for them because they believe in the family.

People think, ‘How does it affect me—a man marrying another man?’ If it is made legal they think it will not have an impact on their lives. But they have not considered the real harm that homosexual marriage can bring about, and there are three big harms in legalising homosexual marriage. It abolishes a child’s birthright to have both a mother and a father. Marriage includes the right to start a family. Under article 16 of the Universal Declaration of Human Rights, the right to marry comes with the right to start a family. If two men are legally able to marry, they obtain the absolute right to have a child via surrogacy. After gay marriage is legalised, a child can henceforth be brought into the world without ever having the right to a mother and father. Sometimes this happens inadvertently—through desertion or death—but it is not something we plan for; it is not something we want.

Same-sex marriage says that a mother or a father does not matter to a child—and it does. Two mothers or two fathers cannot raise a child properly. Who takes a boy to football? Who tells him what is right from wrong? What does he do—go along with the two mums? How does he go camping and fishing? Yes, there might be some attempt by one of the mothers to fill in as a father figure but it will not work. It is defying nature. And what about a young girl changing from a teenager into a young woman? Is it fair to say to her, ‘You don’t have a mother; your mother can’t take you shopping’ or to not be able to help her understand how her body is changing? What are we trying to do here? Why are we trying to defy what has been the right thing for hundreds of thousands of years? What suddenly gives us the inspiration to think that we can have gay marriage and it will not affect anyone?

I say to the people who very narrowly think this through or who do not think it through: it is more than saying, ‘It doesn’t hurt me; it doesn’t cost anything.’ It is a lot more than that. Once you have gay marriage in law, you have normalised the law, you have normalised homosexual marriage in law, which forces the normalisation of homosexual behaviour in the wider culture—

Senator Hanson-Young interjecting—

Senator BOSWELL: I will not be drawn in, Senator—especially in the school curriculum. I ask the people of the Western Suburbs: if you have gay marriage and it is legal, how can a teacher discriminate between normal marriage and gay marriage? He has to explain both as part of the curriculum. How can a teacher explain one part of the law but not the other?

So I ask these people who think it does not hurt me: do they want their children to be taught about gay marriage?

Senator Hanson-Young: Why not?

Senator BOSWELL: That is the question—why not? You do not find it objectionable from your side of politics. My side of politics finds it abhorrent and does not want any part of it.

But that is what we have to face up to, because these things are like a salami slice. You start off thinking, ‘It doesn’t hurt anyone.’ Then: ‘Oh, little Freddy’s got to go listen to why homosexual marriage has nothing wrong with it. Why is nothing wrong with it? Because it’s legal. This parliament has made it legal.’ I say to the people: do you want that for your children? Some of you will not object. Some will think it is a good thing. Certainly the progressive left will think it is wonderful. But I do not think they will think it wonderful in the western suburbs—the people who rely on the ALP to defend their jobs through the unions. That is why they are there. They are not there to have their kids taught about homosexual marriage versus traditional marriage. That is going to happen the very day this legislation gets in. Once you legalise something, you cannot discriminate against it. It is happening already in America, where homosexual marriage became law and the next thing in Massachusetts was the teachers teaching about homosexual marriage and traditional marriage.

I want to quote from the Australian Education Union. This is what the teachers said: ‘If Australia normalises homosexual marriage, the Australian Education Union’s 2006 gender identity policy would be implemented. Homosexuality, bisexuality, transgenderism and the intersexed need to be normalised. All curricula should be written in non-heterosexist language.’ I suspect the Greens would not see any objection to that but I suspect the Labor people would go into meltdown, because this will be out there. This is what the teachers union have said—and why shouldn’t they? If it is legal, they have to teach it. If it is legal, it has to be taught. You cannot just pick out what you want to teach and not teach.

If homosexual behaviour is legalised then schools will have to treat homosexual behaviour and marriage on the same basis as heterosexual behaviour and marriage. Parents will no longer have the right to object to these teachings. All conscientious objection to both gay marriage and the normalisation of homosexual behaviour in the school curriculum would be abolished. That is what those people who think, ‘It doesn’t hurt me, it doesn’t cost me; if it doesn’t, let’s just let it go through’ are opening up. Let’s think a bit deeper because it is your society, your Australia that you are playing with.

I ask people, particularly from the Labor Party—and I admire the people who have had the courage to stand up over there: do you want your children to go into classrooms that give equal weight to heterosexuals and homosexuals? I do not think many of them do. There will be a few who support the Greens and think it is wonderful, but they are hugely in the minority. John Howard, whose views I admire and respect, said last year:

Changing the definition of marriage, which has lasted for time immemorial, is not an exercise in human rights and equality; it is an exercise in deauthorising the Judaeo-Christian influence in our society, and anybody who pretends otherwise is deluding themselves.

I agree with him. We are told there will be certain legislation that will respect churches and that, if they do not want to perform certain marriages, they will be excluded, but it does not take long for the antidiscrimination committee, instrumentalities, the Greens and GetUp! to start to wage a campaign.

If business or the churches object to hosting homosexual marriage or to blessing them, they will be hit. They will put up a defence, but it will only last for a certain time. They will be crushed by the anti-discrimination laws. We have already seen it happen in countries such as Denmark. The churches will have no choice but to facilitate homosexual marriage. We might push it out three years, four years or five years, but it will happen in the end. We have seen it happen with the abortion laws. You cannot walk away from them. You have to offer it or if you do not offer it then you have to find someone who will do the job. The European Court of Human Rights has ruled that any church situated in a member state where same-sex marriage is legal must marry same-sex couples or be found guilty of discrimination. It will happen here.

Marriage is a social institution with a biological foundation. All society does with marriage is to reinforce this biological fact, to keep men with their mate and then help raise their children. Society merely recognises that marriage is the most important relationship in nature and works to reinforce it. It has no right to reinvent marriage. Politicians have no right to redefine marriage, only to reinforce the biological purpose of marriage. I recall when there was discrimination—when there was huge discrimination—that I had a phone call from a certain minister who said, ‘We have just had a request for a gay doctor to bring his gay partner in and practice in a certain country community. We thought you would object, that you were the person most likely to object. If you let it go, it will go through.’ I said, ‘I could not possibly object to that, that would be discrimination.’ I think it was in 2008 that Warren Entsch brought in, or agitated through the party, that all forms of discrimination be removed. There is absolutely no discrimination against gay people other than the discrimination between heterosexual and same-sex marriage. Frank Brennan, the former chair of the National Human Rights Consultation Committee, said:

I think we can ensure non-discrimination against same-sex couples while at the same time maintaining a commitment to children of future generations being born of and being reared by a father and a mother.

I want to talk about commitment now. This was a commitment given by both leaders before the last election: ‘I won’t have gay marriage’. Both leaders said they would not condone gay marriage. Tony Abbott has stuck to his word. He knows how important it is to many of those people out there—not only conservative people but also family people who believe in the family. They want to go fishing, they want to have a few beers and they do not want a carbon tax. They are in the Labor Party because they think the Labor Party will protect them in their job. (Time expired)

Letter to Chris Bowen/Brendan O’Connor on LGBTI Asylum Seekers

Update 6 February 2013: So, this correspondence was never answered by Minister Bowen, before he left the portfolio in last week’s reshuffle. I don’t know for sure what that is a reflection of, but can only assume that not answering in 6 months means he was not open to scrutiny on the issue of LGBTI asylum-seekers and in particular their treatment on Nauru, Manus Island and, eventually, in Malaysia.

With the appointment of Brendan O’Connor as the new Minister for Immigration I have resent the original correspondence, including the questions below, to Minister O’Connor. If I have not received a response within 4-6 weeks it will be time to pursue this again but in a more public format. Thanks for reading.

Original Post: Like many Australians, I was appalled by the recent decision of the Australian Government to accept the recommendations of the Houston Report and send asylum seekers to Nauru and Papua New Guinea for indefinite periods (and by the Government’s refusal to rule out sending asylum seekers to Malaysia in the longer-term). I am also appalled by the potential consequence of this decision for LGBTI asylum seekers, and have written the following letter to Australia’s Immigration Minister, Mr Chris Bowen. I will of course write a similar letter to the Opposition’s Immigration spokesperson Scott Morrison, given the Liberal and National Parties supported the move to ‘offshore processing’. As always I will post any response received.

Dear Minister Bowen,

I am writing to express my disagreement and disappointment with the Australian Government’s decision to implement the offshore processing of asylum seekers.

I think that this decision is a failure of our human rights obligations under international law, not to mention a failure of our moral obligations as human beings to open our arms and our hearts to people fleeing persecution.

Given that your government has now committed to process asylum seekers in Nauru, Papua New Guinea and, in the medium term, through ‘regional processing’ in Malaysia, I am also writing with several questions which I would like answered about one particular issue – the treatment of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers.

  1. Do you acknowledge that there are many countries around the world where being LGBTI is illegal and/or subject to government harassment and intimidation?
  2. Do you accept that LGBTI people have the right to seek asylum on the grounds of persecution of their sexual orientation or gender identity?
  3. Do you agree that this means LGBTI asylum seekers should be accepted by countries like Australia, rather than be returned to their originating country and asked to ‘return to the closet’ or conceal their sexual orientation or gender identity? (Disturbingly, there have been some cases within Australia suggesting that LGBTI asylum seekers can be returned in such circumstances, something which is not required of people fleeing persecution on political, religious or other grounds. I am simply seeking your confirmation that you do not support this special and discriminatory imposition on LGBTI asylum seekers).
  4. Do you support the right of LGBTI people to seek sexual companionship, form loving relationships and found families no matter where they are in the world? Are these fundamental rights which should be protected?
  5. Do you agree that asylum seekers who are fleeing persecution on the grounds of sexual orientation or gender identity (or indeed who are fleeing on other grounds but are LGBTI), should not be sent to any country which criminalises or discriminates against LGBTI people?
  6. Are you aware that homosexuality is currently illegal in all three countries to which the Australian Government currently intends to send asylum seekers?
  7. Will the laws of these jurisdictions apply to asylum seekers being detained by the Australian government (or, in the case of Malaysia, to asylum seekers who may be living in the community)?
  8. What representations have the Australian Government made to, and what agreements have the Australian Government sought with, the governments of Nauru, Papua New Guinea and Malaysia, on the specific treatment of LGBTI asylum seekers?
  9. Do you agree that, if LGBTI asylum seekers are unable to seek sexual companionship, form loving relationships or found families in Nauru, Papua New Guinea and Malaysia, that this is a fundamental breach of their human rights?
  10. As a fellow human being, are you comfortable that the Australian Government will reject someone who is fleeing the death penalty in another country for simply being who they are and instead send them to a third country where it remains a criminal offence to be who they are?

I have copied this letter to the Prime Minister, Foreign Affairs Minister and Attorney-General given these issues cut across several portfolios. I look forward to your prompt response.

Yours sincerely,

Alastair Lawrie

As an illustration of why there remain so many LGBTI refugees, the following map indicates the countries in which homosexuality remains illegal – while there has been significant progress over the past 50 years, there remains far too many countries shaded black, including of course Papua New Guinea:

Decriminalization_of_homosexuality_by_country

Julia Gillard and the ACL: Unholy matrimony

Two weeks ago tomorrow, the Australian Christian Lobby announced that Prime Minister Julia Gillard would be the keynote speaker at their annual conference in October. Given it was only a day after the Houston Report on asylum seekers was released, and the Government’s shameful adoption of offshore processing, this announcement did not receive a great deal of coverage in the mainstream media.

Nevertheless, it did provoke an instant backlash within the gay and lesbian community. I was among those who reacted with dismay at the decision by Gillard (or her advisers) to accept an invitation to speak at the ACL’s annual gathering. Two weeks later and I am still upset at the action taken by the ALP leader. Many others are too. Why?

By agreeing to appear at the ACL conference (which presumably also doubles as a fundraiser), the Prime Minister is endorsing the legitimacy of this organisation. Note that I am not necessarily saying she is endorsing each and every view of the ACL (because of course speakers can address audiences with whom they disagree on particular subjects). But simply by being there, Julia Gillard will be endorsing the ongoing participation of a hateful and extremist group in public debate. By turning up, she will give them her imprimatur to continue their campaigns based on prejudice and discrimination.

Make no mistake. The Australian Christian Lobby is a hate group, whose primary reason for existence appears to be founded on the denial of human rights to Australia’s lesbian, gay, bisexual, intersex and transgender community. The ACL is to homophobia what One Nation is to racism.

The evidence comes from examining the public comments made by the Lobby. An analysis of the ACL’s website, by Jacob Holman, found that the ACL’s press releases and media mentions made 122 references to campaigning against LGBTI rights over a six month period. This was almost five times more than the next most referenced issue (prostitution and human trafficking). And many more times than any other issue (like, for example, asylum seekers or global poverty and hunger).

Imagine that – denying equality to gay men and lesbians is five times more important than any other issue in the world. That is an unhealthy obsession with denying the rights of a minority group, and shows that homophobia is at the core of the ACL. This is confirmed by some of the more ‘colourful’ tweets from the ACL – including that “Legitimising gay marriage is like legitimising child abuse”, or the infamous tweet by Managing Director Mr Jim Wallace concerning ANZAC Day (“Just hope that as we remember Servicemen and women today we remember the Australia they fought for – wasn’t gay marriage and Islamic!”).

This alone should be sufficient justification for any political leader to rule out attending an ACL event. It certainly would be if their campaigns were against the rights of indigenous people, or people from other races. Well, just as in other matters, the LGBTI community demands equal treatment – our political leaders should refuse to speak at the events of organisations founded on gay-hate in the same way they steer clear of race-hate groups.

Even if the Prime Minister thought it was appropriate to address a christian organisation (and whether that would be appropriate is a subject for another day), it is unclear why she would choose the ACL. This is an organisation which does not speak on behalf of any particular church. It is also reticent when it comes to nominating its membership figures. Indeed, their 2011 Annual Report proudly states the number of facebook fans it has (now 3,550), and the number of twitter followers of itself and Jim Wallace (1230 and 1800 respectively, which are all low for a supposed ‘national peak body’), but does not state how many people are paid up members. This, together with its extreme views, surely makes one question just how representative the ACL is of Australia’s christians.

In fact, on the main issue on which it is active – lobbying against equal marriage – the ACL clearly does not represent mainstream christians. A galaxy poll in August 2011 found that the majority of Australians who identify as christian support same-sex marriage: 53%, with only 41% opposed. It is likely that, just as in other segments of the community, this level of support will continue to grow.

That makes the ACL a self-appointed ‘peak body’, claiming to represent all of Australia’s christians but in reality only directly representing a small number, advocating hateful policies based on discrimination. It should be relegated to the fringes of society, not placed centre-stage by a supposedly ‘progressive’ Prime Minister. That alone is enough to justify the outrage of myself and other activists. But it does not fully explain why Julia Gillard’s decision has cut so deeply.

The reason we feel so completely let down can be found by comparing the Prime Minister’s official participation at an ACL event, with her position on gay and lesbian equality and treatment of supporters of equal marriage. It is no secret that Julia Gillard is one of the key reasons why equal marriage is unlikely to be achieved during the life of this parliament – in addition to her personal opposition, she led the charge for a conscience vote within the ALP virtually guaranteeing that it would not receive sufficient votes to be passed into law.

Compounding this, the Prime Minister has, as far as I am aware, held only one formal meeting with advocates for same-sex marriage during her tenure (the ACL alone had two meetings just in 2011 – as helpfully boasted about in its annual report). Even worse, Julia Gillard took eight months to organise a dinner with same-sex couples wanting to get married, which had been won publicly at a charity auction in June 2011.

This was despite the fact it was supposed to be held within ONE month, and that the same-sex couples involved were flexible with timing, their only request being to hold the dinner before the ALP national conference last December (a request which was not met). And it is almost unimaginable to envisage the PM addressing a major gay and lesbian event or conference any time soon.

Given the issue of same-sex marriage is inevitably one of ‘us v them’, the Prime Minister’s decision to be keynote speaker at the ACL annual conference underscores just whose side she is on. A hint: it is not those who are standing up for equality under the law, and for a progressive and fairer Australia. Instead, yet again, Julia Gillard has chosen to side with the bigots and religious fundamentalists. No wonder it hurts.

Equal Marriage: A failure of political leadership pt 2

I ended my previous post on this topic on a very pessimistic note. I wrote: “Instead, it appears that LGBTI couples will need to wait another eight years or more before being able to walk down the aisle. Let’s hope that, by then, the major political parties are led by people who understand what leadership means.”

I believe this pessimism is justified because, if we look past the failures of the current crop of political leaders (Gillard, Abbott and Truss), there is little evidence to inspire confidence in the next generation. None of the most likely candidates to replace the leaders of their respective parties is, right at this moment, both advocating a yes vote on marriage equality and actually committed to voting yes. That’s right, none of the seven people who are generally considered ‘next in line’ is committed to delivering marriage equality through both words and actions.

There are three who have already committed themselves to voting against marriage equality. The first is no surprise – the future leader of the National Party, Senator Barnaby Joyce. Joyce addressed the annual anti-gay hate rally at Parliament House in 2011 (organised by the Australian Christian Lobby and the Australian Family Association) and claimed, in his usual incoherent manner, that legislating for same-sex marriage would somehow limit the ability of his four daughters to enter into opposite-sex marriages.

Joyce said, “We know that the best protection for those girls is that they get themselves into a secure relationship with a loving husband, and I want that to happen for them. I don’t want any legislator to take that right away from me.” Leaving aside the complete failure of Barnaby Joyce to learn anything from multiple waves of feminism (women can exist without husbands, it has nothing to do with ‘his’ right), it is also devoid of logic, given extending the right to same-sex couples does not affect the right of opposite-sex couples of marry if they so choose. Finally, Barnaby Joyce fails as a human being – if he is the father of four daughters, then surely he must contemplate the possibility one (or more) of those daughters may be a lesbian and wish to enter a same-sex marriage.

The next ‘future leader’ is someone who really should know better. Joe Hockey is supposedly a moderate within the Liberal Party (whatever that means in 2012), and some in the LGBTI community had speculated he may indeed vote for change. However, Hockey cruelled those hopes on ABC’s Q&A in May this year when he said that, after having children, his view on same-sex marriage had changed. He will now vote against marriage equality because he believes that children deserve the right to a mother and a father.

That rationale is almost as lacking in substance as Joyce’s, given that many heterosexual people have children outside of marriage, many opposite-sex married couples choose not to have children (or can’t because of age or infertility) and many gay and lesbian Australians are already having children. It also deliberately mischaracterises the nature of marriage in contemporary society, which has evolved such that it is now the recognition of a loving relationship between two people, nothing more and nothing less. So those hoping for leadership on marriage equality should look elsewhere than the member for North Sydney, whose views have recently regressed instead.

The final leadership contender to have already stated unequivocally that they will vote no on equal marriage is Wayne Swan (and for those thinking he is not a genuine leadership contender, please note he is still the deputy leader of the ALP, deputy prime minister and treasurer, and historically leadership challengers have occupied at least one of these positions). Sadly, despite discovering the power of arguments based on economic justice earlier this year (especially in his attacks on the mining magnates), Swan appears to have little understanding of the meaning of social justice. If he did, he would be supporting the rights of his LGBTI constituents and the principle of equality – instead he is supporting fundamental discrimination against a group of Australians simply on the basis of their sexual orientation and gender identity. Shame.

There are three other leadership contenders who, at the time of writing (Wednesday 22 August), have not declared a position on same-sex marriage: Julie Bishop, Kevin Rudd and Bill Shorten. One, two or, if Abbott allows a conscience vote, potentially all three could end up voting in favour of equality. That would obviously be a good result numerically, because even if equal marriage is likely to be defeated this year, less momentum will be lost if the result is at least close.

And yet, by failing to adopt a public position, by failing to advocate for change, each has also failed to demonstrate the qualities most desirable in a leader. Irrespective of their reasons for staying quiet (and especially with Rudd and Shorten it can be viewed through the prism of their desires to assume ALP leadership later this year, and consequently not wanting to ‘offend’ the Catholic Right of the caucus), by doing so they have effectively abdicated their responsibility to help achieve progressive social reform and thereby make Australia a better place.

That sentiment might sound a bit ‘pie in the sky’, but, as I wrote in my previous post on this topic, these reforms are usually won when true leaders stand up and be counted, when men and women of substance put forward the case for change and prosecute it until victory is achieved. It is not as if Bishop, Rudd and Shorten could claim to be surprised that same-sex marriage is a public issue either: it has been on the agenda ever since Howard amended the Marriage Act in 2004 (indeed, Rudd and Bishop were already members of parliament at that time).

Equal marriage has also been one of the most discussed issues during the life of this parliament, with Adam Bandt’s successful motion that House of Representatives MPs should consult with their constituents on this issue, the vigorous debate in the run-up to and at ALP national conference in December 2011, and particularly now with three bills already tabled in Parliament seeking to implement this reform. And I am sure that each of them would be aware of the large number of constituents writing to them on this issue (on both sides of the debate), on top of the record number of submissions to the House of Representatives and Senate committee inquiries earlier this year.

In short, there is absolutely no excuse for Julie Bishop, Kevin Rudd and Bill Shorten to have not adopted a public position on this issue. Their failure to say or do anything to help achieve marriage equality can be interpreted to mean that they simply do not care enough about LGBTI equality to take a stand. While others inside the Liberal and Labor parties have been fearless advocates, Bishop, Rudd and Shorten have been cowards. Enough said.

There is of course one last member of the current generation of major party leaders to consider: Malcolm Turnbull. As with most things Malcolm, his position on same-sex marriage is more intelligent and articulate than most, but ultimately he remains a politician of words not actions.

In early July, Turnbull delivered the Michael Kirby Lecture in which he eloquently made the conservative case for recognising same-sex relationships as marriages, equal to and no less than opposite-sex marriages (an edited extract of his speech was also published in the Sydney Morning Herald the following day). In doing so, he demolished the religious arguments against change and showed that it was bigoted to believe that LGBTI Australians should accept their status as second-class citizens. Turnbull even announced that, if the Coalition were to adopt a conscience vote on this issue, he would vote in favour of equality.

But that ignores the fact that Tony Abbott has ruled out a conscience vote and, in those circumstances, Turnbull has made clear he would follow the party line and vote against same-sex marriage. Which means that, no matter how nice his words are in support of change, Turnbull’s only ‘action’ will still be to vote against LGBTI equality. Despite being the only one of the current generation of leaders to publicly advocate legislating for same-sex marriage, Turnbull has nevertheless failed this test of political leadership.

That might sound like a harsh judgement. After all, he would have to go to the backbench in order to vote yes, and that is obviously a massive price to pay for any politician. Indeed, Australian Marriage Equality appears to give Turnbull a ‘pass mark’, listing him as a supporter on its website. But in my mind a supporter is not just someone who mouths the words – they also demonstrate their support through their actions, and that is something which Turnbull refuses to do in this case.

By contrast, I suspect he probably would move to the backbench if the vote was to deny Jewish people rights on the basis of their religion, or Indigenous Australians on the basis of their race. It is just that lesbian, gay, bisexual, transgender and bisexual Australians don’t seem to count as much (something which I hope LGBTI residents of Wentworth remember at the next federal election).

Turnbull’s vote against equality means that the failure of this generation’s political leaders on same-sex marriage is complete. Including Gillard, Abbott and Truss, none of the ten leaders or alternative leaders of our major parties have both advocated for – and committed to vote for – equal marriage. Six of them (including Joyce, Hockey and Swan) have announced they will be voting against LGBTI equality. Three (Bishop, Rudd and Shorten) have refused to indicate which way they will vote and have effectively abdicated from the responsibilities of (moral) leadership. Only one, Malcolm Turnbull, is currently advocating for a Marriage Act which does not discriminate on the basis of sexual orientation and gender identity, and even he is voting no.

That is why, even though it might be pessimistic to think Australia might not achieve equal marriage until next decade, it may also be the only realistic view. Maybe by then we will have the real leadership required to deliver this reform. In the meantime we are forced to imagine what that leadership looks like.