Tag Archives: Tanya Plibersek

What ALP National Conference Delegates Should Hear About Marriage Equality

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While I am a member of the Labor Party (and have been for more than 13 years), I have not been elected as a delegate to this year’s ALP National Conference, which will be held in Melbourne next weekend (Friday 24 to Sunday 26 July).

If I had been, and if I had the privilege of speaking during the Rules debate scheduled for Sunday afternoon, this is the speech I would like to give:

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It’s time for the Australian Labor Party to fully support the equal rights of lesbian, gay, bisexual, transgender and intersex Australians.

It’s time to say – without equivocation or qualification – that the relationships of LGBTI people must be treated in exactly the same way under secular law as their cisgender heterosexual counterparts.

It’s time to take the Platform position, which already supports marriage equality in principle, and make it binding on the members of the Federal Parliamentary Labor Party.

The Labor Party can bind on marriage equality.

In fact, for more than two thirds of the time marriage equality has been debated in our Parliament, the ALP has bound its MPs and Senators on this issue – from Howard’s homophobic ban in August 2004, which we shamefully supported, until the last National Conference in December 2011, Labor MPs and Senators were bound to vote against it.

With a large majority of Party members, of Labor MPs and Senators – and, above all, of the Australian community – supporting amendments to the Marriage Act to ensure it does not discriminate on the basis of sexual orientation, gender identity and intersex status, there is absolutely no reason why we should not bind in support in 2015.

There is nothing so unusual or exceptional about marriage equality that dictates that normal Party processes, based on the principles of solidarity and collective action, and which ordinarily demand a bound vote, should not apply to this issue.

Despite what some delegates might try to argue, religious freedom is not a legitimate argument to reject a binding vote.

The introduction of marriage equality will not have an adverse impact on religious freedom. Under every Bill proposed to date, ministers of religion will be free to decline to officiate LGBTI weddings.

In fact, the introduction of marriage equality will enhance religious freedom because it will allow those organisations and faiths that want to marry LGBTI couples to do so.

As Tony Burke notes: “Those who want to marry will be able to do so. Those who do not want the change will be unaffected by it.”

That includes individual parliamentarians who want to oppose marriage equality simply because it does not accord with their personal faith.

If legislation sought to impose marriage equality within religion, to change the official teachings of their faith, they might have an argument.

But it does not. Again, as Tony Burke observes: “The various religious faiths will continue to have their own views and rules around marriage. The law of Australia needs to respect the freedom of people to practice their faith and it will.”

Viewed in this way, it is clear that MPs and Senators demanding a conscience vote in order to oppose equality in secular law are not seeking to exercise their ‘religious freedom’ – they are seeking to impose their personal religious views onto others.

And, as a secular political party, we should vigorously resist their attempts.

The Labor Party should bind on marriage equality.

It should bind because introducing this reform would address one of the major outstanding forms of discrimination against LGBTI Australians – and the ALP should always stand united in addressing discrimination against the marginalised.

In the words of Deputy Leader Tanya Plibersek, the question is simple: “Do we support legal discrimination against one group in this country? Or do we not?”

It should bind because the ability to found a family, and to have one’s relationships recognised under secular law, is more than just a natural desire, it is a fundamental human right.

Human rights should not be ‘optional’, and their recognition should not be left up to the whim of individual Labor Party MPs and Senators, as it is under a conscience vote.

As my old boss, Senator John Faulkner, told the 2011 National Conference when this same question was being debated: “A conscience vote on human rights is unconscionable.”

It should bind because the current Party Rule – which says “Conference resolves that the matter of same-sex marriage can be freely debated at any state or federal forum of the Australian Labor Party, but any decision reached is not binding on any member of the Party” – is not only wrong, it is offensive.

Commitments to achieve human rights should not come with an asterisk.

‘Terms and conditions’ should not apply when what is at stake is the equality of people on the basis of their sexual orientation, gender identity and intersex status.

It is offensive that special Party Rules continue to allow individual Labor MPs and Senators to vote against those rights, that equality. These provisions should be permanently removed from our governing document.

It should bind because it is unjust to impose solidarity on lesbian, gay, bisexual, transgender and intersex members of the Party, and to not offer it in return.

It is unjust to demand loyalty, to make Senator Penny Wong vote against her own community’s rights for seven and a half years, and Senator Louise Pratt for three and a half – and then deny that same loyalty when the Platform position changes to one of support for equality.

Solidarity, and loyalty, cannot be continually demanded of us but not reciprocated.

Finally, it should bind because lesbian, gay, bisexual, transgender and intersex Labor members are sick and tired of having our rights being sacrificed as the price of ‘Party unity’.

Granting a conscience vote on marriage equality should not be a ransom that is paid to parliamentarians who threaten to quit the Party rather than be compelled to vote to recognise the love of LGBTI couples.

If denying the legal equality of others is more important to them than adhering to Party solidarity – something they expect of others, but are unwilling to offer themselves – then they should leave. The rest of us should no longer give in to their blackmail.

The Labor Party must bind on marriage equality.

It must bind to finish the job that was left half-done by our predecessors in 2011, who voted to change the Platform, but narrowly failed to make that position binding.

That failure has had real adverse consequences – a bound vote in September 2012 could have seen marriage equality passed last term, putting an end to the painfully long wait of LGBTI couples simply to enjoy the same legal rights that are taken for granted by others.

Had the last National Conference decidedly differently, some Australians need not have died waiting for their relationships to be recognised by their own country – as some inevitably, and tragically, have done.

Adopting a binding vote now would demonstrate that we acknowledge we got it wrong in December 2011, and, in doing so, we apologise.

But this is about more than making up for past mistakes – it is about the present, too.

We must bind to ensure the Australian Labor Party does everything within its own power to support marriage equality in 2015.

We cannot control what Tony Abbott, and Warren Truss, and their respective Parties do on this issue – if we could, they would have adopted a conscience vote during the three and a half years in which we have already had one.

What we can control is our own Party and its Rules. What we can control, by adopting a binding vote, is ensuring as many ALP MPs and Senators as possible vote in favour of marriage equality the next time it comes before the Parliament.

That is what we are accountable for, and should be judged on accordingly.

And we must bind for the future. If marriage equality is rejected this term – and that remains a genuine possibility – the Australian Labor Party must be able to go to the next election telling the people that, if elected, it will pass marriage equality as quickly as possible.

The only way that it will be able to make that commitment is by adopting a binding vote at this Conference.

Lesbian, gay, bisexual, transgender and intersex Australians have waited long enough already – too long, actually – and, if legislation is unsuccessful this year, and we win in 2016, they will be looking to us to finally pass this reform.

If, as a newly-elected Government, we are unable to do so because too many Labor MPs and Senators exercise a conscience vote against the rights of their fellow citizens, we will left looking completely ineffectual – and, much more significantly, LGBTI Australians will be let down yet again.

Labor must be able to promise to introduce marriage equality next term – and, just as importantly, it must be able to deliver it.

Because only in that way can the Labor Party truly claim that it will represent, and govern for, all Australians.

Only by adopting a binding vote can we say that the famous ‘Light on the Hill’ shines for everyone – and that we will use its light to overcome the darkness that is homophobia, biphobia, transphobia and intersexphobia, both in the law and in society.

Only by adopting a binding vote can the Australian Labor Party say that it is whole-heartedly committed to creating a country that is free from discrimination on the basis of sexual orientation, gender identity and intersex status.

It’s time to make that commitment, here at this Conference, and then again later this year on the floor of Parliament.

Delegates, it’s time to bind in support of marriage equality.

Senator Penny Wong at the 2011 ALP National Conference in Sydney

Senator Penny Wong at the 2011 ALP National Conference in Sydney

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It’s Time To Bind – Counting the Numbers

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No, this is not a post about the expected numbers for and against a binding vote at the upcoming ALP National Conference, where this issue will be debated. Given the delegates for the largest state branch (NSW) have yet to even be decided, it would be decidedly premature to speculate about whether such a motion is likely to be successful or not.

Instead, this is a post about the numbers for and against marriage equality in the current Parliament, something that the Sydney Morning Herald has investigated in today’s article “Huge spike in Labor MPs’ support for same-sex marriage” (http://www.smh.com.au/federal-politics/political-news/huge-spike-in-labor-mps-support-for-samesex-marriage-20150508-ggx4z4.html ).

As the article’s title suggests, there has been a significant increase in the number of ALP parliamentarians willing to vote for this important reform since it was defeated in September 2012.

The Herald then uses this increase to assert that “Fairfax Media’s findings call into question deputy leader Tanya Plibersek’s recent strategy to push for a binding vote at the ALP conference in July.”

In fact, the reported increase does no such thing. In reality, and on a purely numbers basis, the findings by the Sydney Morning Herald actually confirm the benefits of a binding vote. Allow me to explain.

First, to the good news.

In the House of Representatives, the percentage of ALP MPs in favour of the equality of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians, and of our relationships, has increased from 53.5% in 2012 (when 38 of 71 MPs voted yes) to 78% today, with 43 of Labor’s 55 members of the House of Representatives saying they would vote in favour of a new Bill.

Together with the yes votes of Independents Andrew Wilkie and Cathy McGowan, and the Greens’ Adam Bandt, that means marriage equality legislation would still be 30 votes short of passage – and even with a Liberal Party conscience vote, it is unlikely that fully one third of Coalition MPs would vote yes in the current Parliament.

However, the dramatic growth in support from within the Labor caucus, together with the expected significant increase in the overall number of ALP MPs at the next election (whether they form government, or are defeated by a lesser margin than in 2013, which seems like a reasonable assumption), means that support from a much smaller number, and therefore reduced proportion, of Liberal MPs would be required for passage in the next term.

In short, the figures in today’s paper indicate that, while a conscience vote on both sides would still probably not pass the House of Representatives this term, it now has a much better chance in the next.

Turning now to the bad news – and the Australian Senate (charitably described by the Herald as ‘more conservative’ than the House of Representatives).

Just as in the House of Representatives, there has been an increase since 2012, albeit not nearly as dramatic: from 52% (16 out of 31) of ALP Senators then, to 68% – or 17 out of 25 – now.

In the rest of the Chamber, there is confirmed support from all ten Greens, plus Senators Xenophon and Leyonhjelm (although it is unclear whether he would insist on provisions which would provide civil celebrants the ‘right’ to be bigots: https://alastairlawrie.net/2014/12/21/senator-leyonhjelms-marriage-equality-bill-undermines-the-principle-of-lgbti-anti-discrimination-should-we-still-support-it/ and which might therefore be unacceptable to others), meaning 29 confirmed votes in favour – ten votes away from passage.

Even if there was a conscience vote from the Liberal Party, there are only three Coalition figures who have indicated they would say yes: Senators Birmingham (SA), Sinodinos (NSW) and openly-gay Liberal, and recent marriage equality convert, Dean Smith (WA). Which gets us to 32.

That still leaves the reform seven votes short of success – and it is difficult to see how we get there.

The Australian Marriage Equality website (http://www.australianmarriageequality.org/whereyourmpstands/ ) actually lists nine current non-Labor Senators as “undecided/undeclared”:

  • Senator Dio Wang, Palmer United Party (PUP), WA
  • Senator Glenn Lazarus, formerly-PUP, Qld
  • Senator Ricky Muir, Australian Motoring Enthusiast Party, Vic
  • Senator Barry O’Sullivan, LNP (sits in Nationals Party room), Qld
  • Senator George Brandis, LNP (sits in Liberal Party room), Qld
  • Senator James McGrath, LNP (sits in Liberal Party room), Qld
  • Senator Mathew Canavan, LNP (sits in Nationals Party room), Qld
  • Senator Linda Reynolds, Lib, WA
  • Senator Anne Ruston, Lib, SA

However, as you will note four of these are from the Queensland Coalition, a branch so conservative that the only Liberal or National parliamentarian, from either chamber, who did not oppose marriage equality legislation in 2012 (Sue Boyce, who abstained) subsequently did not appear on the Senate ticket in 2013, despite having served only one full term [as an aside, all six Coalition Senators from Queensland in the current term, to date, are men, only reinforcing how conservative they are north of the border].

And two of those four Senators from the LNP sit in the Nationals Party room federally which, even if the Liberals do grant their parliamentarians a conscience vote, probably won’t follow suit.

Which means that, if the Nationals do refuse a conscience vote (as appears highly likely), every single other undecided/undeclared Senator – from PUP, to ex-PUP, to Motorists, and including all four undecided Liberals – has to vote yes in order for it to be successful. That might happen… but I doubt it.

And, if the Queensland LNP puts pressure on at least one (and possibly both) of its two undecided Liberal Senators to vote no, as also seems likely, a conscience vote this term would, inevitably, be defeated. In fact, most realistic permutations of the above numbers would put marriage equality two or three votes short this term.

Unfortunately, with that defeat our problems would only just be beginning.

Unlike the House of Representatives, there is limited capacity for further significant change in the numbers, both because of who the ALP Senators against equality are, and because of the 2010 and 2013 Senate election results.

In terms of the ALP Senators who do not yet support marriage equality (technically, both the Herald and AME list Chris Ketter as undecided/undeclared, but we should treat him as opposed, for reasons that will become clear below), they are:

  • Senator Helen Polley, Tas
  • Senator Catryna Bilyk, Tas
  • Senator Alex Gallacher, SA
  • Senator Joe Bullock, WA
  • Senator Chris Ketter, Qld
  • Senator Deb O’Neill, NSW
  • Senator Jacinta Collins, Vic
  • Senator Stephen Conroy, Vic

Of these, six are formally aligned to the Joe De Bruyn-led, virulently homophobic SDA – Polley, Bilyk, Bullock, O’Neill, Collins and Ketter. Of the other two, Gallacher confirmed his ‘no’ vote to the Herald, and Conroy voted no in 2012, without any clear signs he will change his mind in the near future.

The 2016 election will be of little assistance in changing these numbers. Bilyk, Bullock, Ketter, O’Neill and Collins’ terms all run until June 30, 2020. Of the three whose terms expire in mid-2017, Polley and Conroy have confirmed they are seeking pre-selection for the next election, and given this is currently Gallacher’s first term, we should start with the assumption that he will go around again too.

The 2010 Senate election result is also relevant because it was, overall, roughly a 50:50 split between the Australian Labor Party and Liberal-National Coalition.

That means, unless there is a pro-Labor landslide in 2016 (something which appears a receding prospect), the next Senate will have similar numbers to now, and the ranks of ALP Senators who support marriage equality will not increase unless:

  • There is a forecast for heavy snow in the underworld (ie the SDA drops its opposition to LGBTI equality and human rights) or
  • There is a binding vote.

Absent that binding vote, or a corresponding change of sentiment inside the Liberal Party, the numerical situation in the Senate cannot really change until the 2019 federal election, with senators elected at that poll taking their seats on 1 July 2020 (and, even if marriage equality was subsequently passed as quickly as possible, legislation would probably not take effect until early 2021).

Which is a long-winded (and certainly longer than I had originally planned) way of saying that, even if the Senate only narrowly defeated marriage equality under a conscience vote this term, it is certainly possible we could remain, agonisingly, a vote or two short of equality for the duration of the next term as well.

Now, I don’t know about you, but, having already been engaged for more than five years, I am not all that interested in planning an autumn 2021 wedding. Which is just one more reason why the ALP should consider adopting a binding vote in favour of marriage equality.

It would automatically change the equation – from July 27, 2015. In the current term, 25 ALP Senators, plus ten Greens and Xenophon and Leyonhjelm in favour mean the votes of only two of the undeclared/undecided cross benchers (Wang, Lazarus and Muir) would be required for it to pass. And that is without any Liberal Party conscience vote.

Even if one or two Labor Senators put their personal views above party loyalty and were consequently expelled, there would presumably be one or two Liberals who would cross the floor to support equality in any event (and yes, we’re looking at you Senator Smith). And, unless there is a pro-Coalition landslide in 2016 (which, thankfully, also appears a distant prospect), a binding vote within the ALP means marriage equality should pass the Senate in the next term too.

There is even the possibility that the Labor Party adopting a binding vote would actually pressure the Liberals into allowing a conscience vote – after all, it would be a crazy/brave political party to bind against a view held by 72% of the population and one on which your opponents have taken the popular position (for more on this, see the discussion under “The Strategy” here: https://alastairlawrie.net/2014/07/13/hey-australian-labor-its-time-to-bind-on-marriage-equality/ ).

So, far from ‘calling into question’ the push for a binding vote, the numbers revealed in today’s Sydney Morning Herald can in fact be seen as reinforcing the benefits of a bound ALP position, both in the current term and in potentially avoiding a long wait, until 2021, for marriage equality to finally become law.

There are two final comments which I would like to make.

First, it seems uncharitable of the Herald not to have highlighted the role of the calls by Tanya Plibersek, and others, for a binding vote in getting hitherto ‘silent’ supporters of marriage equality within the ALP (Bowen, Husic, Owens, Ripoll and Sterle) to ‘come out of the closet’, so to speak.

It is absolutely no coincidence that all five have declared their support in the fortnight after Ms Plibersek’s comments were widely-reported in the media – with some even explicitly linking their support for marriage equality with a campaign against a binding vote.

That is more progress within the ALP caucus than in the previous 12 months combined, and is at least partly a result of the push for binding.

Second, I have just spent the best part of 1700 words discussing numbers, and tactics, and the positions of various parties, and of individual MPs and Senators, without even mentioning possibly the most salient point of the original Sydney Morning Herald article – and that is the position put by WA MP Melissa Parke:

“West Australian MP Melissa Parke, a vocal internal critic of Labor’s approach to asylum seekers, pushed back against binding vote doubters, reasoning that just as her Left faction had had to accept a tough policy on refugees, others should have to accept same-sex marriage.

“I don’t see why members of the religious right shouldn’t have to do the same on a matter of equality,” she said.”

Hear, hear. While it is easy to get caught up in discussing strategy, we should not forget that the primary debate on binding concerns a fundamental matter of principle.

As a party of collective action, built on the idea of solidarity, there is absolutely no reason why we should not unite in favour of the equality of all Australians, irrespective of sexual orientation, gender identity or intersex status. Thank you Ms Parke for reminding us of that.

Labor MP Melissa Parke, reminding us that, if the Party can bind its MPs on its refugee policies, it can bind them to vote in favour of marriage equality.

Labor MP Melissa Parke, reminding us that, if the Party can bind its MPs on its refugee policies, it can bind them to vote in favour of marriage equality.

2 Additional Arguments Against an ALP Binding Vote on Marriage Equality… And Why They’re Wrong As Well

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I thought I had already debunked most of the major arguments that our opponents could be expected to use against a binding vote ahead of ALP National Conference in two of my previous posts:

and

But that was before I had the misfortune of reading Barrie Cassidy’s intellectually malnourished opinion piece on the ABC’s The Drum website on Friday, 1 May (“Why Plibersek’s Gay Marriage Pitch Will Fail”: http://www.abc.net.au/news/2015-05-01/cassidy-why-pliberseks-gay-marriage-pitch-will-fail/6436082 ).

Now, I don’t have time to fully rebut all of the silly things that Mr Cassidy wrote (including his unwarranted smear, linking Ms Plibersek’s long-standing support for marriage equality to base electoral considerations), but there are a couple of arguments which deserve a response, especially because they are likely to be raised by others in the lead-up to July’s conference.

  1. The ALP should not ‘waste time’ discussing a binding vote because it is a distraction from other issues

This is a variation of an argument that is commonly used against marriage equality per se: and that is that marriage equality is either not as important as, or does not affect as many people as, other issues (like health, or jobs, or education, or climate change etc etc etc), and therefore we should not use ‘valuable time’ discussing it. Instead, we can apparently get around to it when everything else is ‘fixed’ (whenever that is).

We’ve become very adept at responding to that argument over the years (including observing that most people can walk and chew gum at the same time), which means we are well prepared when Barrie Cassidy writes nonsense like this:

“And already merely raising the issue has shown how divisive it can be. The ALP’s national conference is a singular opportunity for its leader, Bill Shorten, to take centre stage with a developed plan for the future built around economic management. The issue of Palestine threatens to distract from that. Loading up the agenda with an unnecessary brawl around gay marriage is a further impediment” (emphasis added).

Well excuse us Barrie if we, the ordinary members of the ALP, think that prioritising the equal rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians, and how we can best achieve those rights, is worthy of being debated for one short section out of a three day political conference.

And we’re sorry (or more accurately, #sorrynotsorry) that such a discussion might be uncomfortable for those who either oppose LGBTI human rights, or don’t believe a centre-left political party should be doing everything in its own power to pass marriage equality legislation (which is exactly what a binding vote would be – the most that the ALP can deliver).

After all, that is what the ALP National Conference is, or at least what it should be: a decision-making political gathering, where people put forward the best case for change, and attempt to persuade the majority of delegates to agree. That is all that Ms Plibersek, and many, many others, are seeking, and it is no less than we deserve.

To suggest otherwise – that it is actually some kind of extended press conference, where Bill Shorten can “take centre stage with a developed plan for the future built around economic management” but separate from any genuine policy debate – is a pretty hollow conception of what party democracy should look like.

One final point on this argument, and that is to note that we have been here before.

When John Howard first introduced legislation containing his homophobic ban on the right of LGBTI-inclusive couples of get married in 2004, the ALP hastily acquiesced. The primary argument used for that capitulation was the need to avoid a messy internal division, especially with a federal election to be held shortly thereafter.

Except that agreeing to support the marriage ban didn’t really help at the ballot box then – and the only long-term electoral consequence of that decision was to give the Greens a massive fillip, and decade-long recruiting tool, something that has been particularly evident at the recent Victorian and NSW elections.

We shouldn’t make the same mistake twice. Holding this particular debate now might be a challenge for some. But shying away from this fight will have much worse outcomes in the long run.

  1. The ALP should agree to a wider range of conscience votes

This argument has reared its head occasionally in recent years, including from the Member for McMahon and Shadow Treasurer, Chris Bowen.

Apparently, rather than agreeing to marriage equality being treated in exactly the same way as nearly every other policy issue, the ALP should instead significantly broaden the range of topics on which we allow individual MPs and Senators to vote solely according to personal preference (or individual whim).

And Barrie Cassidy appears to agree. On Friday he wrote:

“As voting patterns change, parties need to be more diverse. The broad church imperative grows, not diminishes. That means, at times foregoing discipline for flexibility; being more open to conscience votes, not less so.

“Insisting that conscience votes should be limited to matters of religious belief – life and death matters like abortion and euthanasia – is far too limited. They should apply to a range of debates not directly religious, but more a matter of morality and, yes, conscience; issues where feelings are deeply personal and immutable, like surrogacy, adoption, stem cell research, cloning and genetically modified food.”

It’s funny (or more accurately, not amusing in the slightest) that even when pressed to come up with suggestions for additional issues that could attract a conscience vote, all Mr Cassidy could name are further examples where religious conservatives are likely to disagree with the majority Labor position – plus ‘genetically modified food’ which is tacked on rather bizarrely at the end.

For Mr Cassidy, and presumably others like him, things like the offshore processing and resettlement of refugees, the passage of privacy-invading metadata legislation, or even the decision of whether or not to go to war, are not issues ‘where feelings are deeply personal and immutable’.

This goes to the heart of the problem with proposals like those of Mr Bowen – the net outcome of an increase in the use of conscience votes within the ALP is likely to simply be an expansion of the number of issues on which religious or conservative MPs and Senators can undermine the chances of progressive reforms – and that includes on LGBTI policies, too.

This is not about increased party democracy, it is instead about further ways to restrict the ability of left-wing and progressive members of the party, both inside and outside Parliament, to effect change.

And that is before we even deal with the philosophical weakness of the case for more conscience votes, which was so eloquently highlighted by the Member for Griffith, Terri Butler, during the week (discussing marriage equality at 8 minutes, 50 seconds onwards: http://media.smh.com.au/news/federal-politics/childcare-policy-and-marriage-equality-6484325.html ):

“I can’t think of too many issues that we vote on in the Parliament that aren’t moral issues…

“Everything we decide has a moral dimension because it’s always a question of what’s right and what’s wrong when it comes to the nation and the Australian people.

“I think that quarantining out same-sex marriage on morality basis, it just is jarring when you are asking Members of Parliament to vote on other issues that are equally significant to them and to their constituencies.

“…Every single piece of legislation that we consider as a caucus must be considered from a perspective of what’s right for our nation and what’s right for our constituency.”

Hear, hear.

Perhaps the editors of the Sydney Morning Herald should have watched this video, on their own website. It might have helped avoid a second major clanger of the week (after their column on Wednesday, which I was compelled to respond to here: https://alastairlawrie.net/2015/04/29/tanya-pliberseks-principled-stand-threatens-to-achieve-progress-on-marriage-equality/ ).

In today’s editorial (http://www.smh.com.au/comment/smh-editorial/the-shoppies-union-and-labors-samesex-marriage-flaw-20150501-1mxphs.html ), which primarily focussed on the Shop Distributive and Allied Employees’ Association, the preferred union of the Catholic Right, they actually wrote this:

“So angry are many in modern Labor that deputy federal leader Tanya Plibersek decided this week to go public with a plan to match the Shoppies’ use of Labor’s policy and rules forums to force federal MPs into a binding vote in support of same-sex marriage, as opposed to the current conscience vote.

“Unfortunately, Ms Plibersek’s method was equally undemocratic.”

The unavoidable conclusion of this argument – which describes simply seeking the authority of the ALP’s supreme decision-making body to make a policy position binding, in exactly the same way that nearly everything else is, as “undemocratic” – is that any binding policy is similarly undemocratic.

In essence, the Sydney Morning Herald editor(s) are arguing for a political party to be based entirely on conscience votes. Perhaps they, and Mr Cassidy and Mr Bowen for that matter, should be reminded that we had a political party that was based on this philosophy – the Australian Democrats – and they were deregistered by the Australian Electoral Commission last month.

For the rest of us, who still believe in a Party, and movement, based on collective action and solidarity, the case for a binding vote for marriage equality is as clear as ever. And it remains up to us to make that case, as loudly and as frequently as possible, in the three months left til National Conference.

Barrie Cassidy, whose The Drum opinion piece this week could charitably be described as 'not his best work'.

Barrie Cassidy, whose The Drum opinion piece this week could charitably be described as ‘not his best work’.

#ItsTimeToBind – The Quick Guide

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During the course of April, I have written a series of articles, and letters, on the subject of a binding vote for marriage equality within the Australian Labor Party, in the lead-up to the expected debate on this topic at ALP National Conference in July.

These posts were accompanied by some (very) simple social media graphics which outline the main points of this campaign, including why the arguments against a binding vote (which we are already hearing, from both inside and outside the Labor Party), are wrong.

In this post I have brought together these graphics, and included the links to the original articles, as a ‘quick guide’ to the #ItsTimeToBind campaign. As always, if you support this campaign, then please feel free to share it far and wide (and if you do, please include the hashtag). Thanks, Alastair

Hey Australian Labor

The original post “Hey Australian Labor, It’s time to bind on marriage equality” from July 2014: <https://alastairlawrie.net/2014/07/13/hey-australian-labor-its-time-to-bind-on-marriage-equality/

Bill Shorten, Will you lead on marriage

My letter to Opposition Leader Bill Shorten, from January 2015: <https://alastairlawrie.net/2015/01/24/bill-shorten-will-you-lead-on-marriage-equality/

Disappointingly, while he hasn’t replied to my correspondence, as at Thursday 30 April, it appears Mr Shorten has decided not to support a binding vote: <http://www.smh.com.au/federal-politics/political-news/tanya-plibersek-push-on-samesex-marriage-faces-defeat-amid-labor-leadership-split-20150430-1mww0s.html

Although it should be remembered, of course, that National Conference in 2011 decided to change the platform despite the opposition of its then Leader (former Prime Minister Julia Gillard) so there is no reason why National Conference can’t decide to change the Party’s rules, by supporting a binding vote, this year.

150403 50 percent versus 100 percentA letter to all ALP MPs and Senators (well, all except five) calling on them to support a binding vote in favour of marriage equality: <https://alastairlawrie.net/2015/04/03/letter-to-alp-mps-and-senators-calling-for-a-binding-vote-on-marriage-equality/

Thank you Tanya Plibersek for supportingA thank you to the Deputy Opposition Leader, the Hon Tanya Plibersek MP, and the Leader of the Opposition in the Senate, Senator the Hon Penny Wong, for supporting a binding vote: <https://alastairlawrie.net/2015/04/05/thank-you-tanya-plibersek-and-penny-wong-for-supporting-a-binding-vote-on-marriage-equality/

And also a response to a later Sydney Morning Herald editorial that attacked Deputy Opposition Leader Tanya Plibersek for standing up for the principle of a binding vote: <https://alastairlawrie.net/2015/04/29/tanya-pliberseks-principled-stand-threatens-to-achieve-progress-on-marriage-equality/

%22Senator Wong's longstanding position is

If the woman on the left could be bound

Letters to the two Labor parliamentarians (Chris Hayes and Senator Joe Bullock) who have publicly threatened to cross the floor rather than vote for marriage equality: <https://alastairlawrie.net/2015/04/07/the-mp-and-the-senator-threatening-to-cross-the-floor-rather-than-vote-for-marriage-equality/

The question Chris Hayes should be asked

Myth_ The ALP always binds on 'gay

A post discussing four of the main arguments used against a binding vote on marriage equality within the ALP, and explaining why they’re wrong: <https://alastairlawrie.net/2015/04/09/4-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong/

Myth 2_ The ALP never binds its MPs and-2

Myth 3_ Marriage equality is too-3

Myth 4_ ALP MPs and Senators should have-4

Myth 5_ The only way to achieve marriage

Another post examining four additional arguments against an ALP binding vote in favour of marriage equality, and why they’re wrong too: <https://alastairlawrie.net/2015/04/16/4-more-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong-too/

Myth 6_ If Tony Abbott gives Liberal-2

Myth 7_ If marriage equality is passed-2

Myth 8_ A binding vote for marriage-5

Myth 9_ The ALP should not 'waste time'-2

And an additional post looking at two more arguments against a binding vote and, you guessed it, explaining why they’re wrong as well: <https://alastairlawrie.net/2015/05/02/2-additional-arguments-against-an-alp-binding-vote-on-marriage-equality-and-why-theyre-wrong-as-well/

Myth 10_ The ALP should introduce

A binding vote should mean exactly that-2

A look at the suggestion by some that a binding vote should include an ‘explicit right to abstain’ for socially conservative MPs and Senators. Umm, I don’t think ‘binding’ means what you think it means… <https://alastairlawrie.net/2015/04/13/an-alp-binding-vote-for-marriage-equality-should-not-include-a-right-to-abstain/

People 'conscientiously object' to-3

NSW ALP Leader Luke Foley, Will you lead-2

Letters to all State and Territory Labor Leaders, calling for them to support a binding vote on marriage equality in the lead-up to National Conference: <https://alastairlawrie.net/2015/04/20/letter-to-state-and-territory-labor-leaders-calling-for-them-to-support-a-binding-vote-for-marriage-equality/

Victorian Premier Daniel Andrews, Will-2

Queensland Premier Annastacia Palaszcuk,-4

WA Opposition Leader Mark McGowan, Will-2

SA Premier Jay Weatherill, Will you be a-2

Tasmanian Opposition Leader Bryan Green,-2

ACT Chief Minister Andrew Barr, as the-2

* And I am happy to confirm that Mr Barr was very quick to tweet his response: “Yes”.

New NT Labor Leader Michael Gunner, Will-3

If the ALP can bind its MPs and Senators-2

A comparison between marriage equality and other morally and ethically contentious issues, like refugees and metadata, that the ALP nevertheless adopts a binding vote on: <https://alastairlawrie.net/2015/04/22/one-of-these-things-is-not-treated-like-the-others/

If the ALP can bind its MPs and Senators-3

If the ALP can bind its MPs and Senators-4

If the ALP can bind its MPs and Senators-5

#ItsTimeToBind-2

Letters to unions affiliated to the NSW Labor Party calling on them to support a binding vote, because LGBTI members of the ALP, and of the union movement more generally, deserve solidarity too: <https://alastairlawrie.net/2015/04/26/letter-to-unions-affiliated-to-nsw-alp-calling-on-them-to-support-a-binding-vote-for-marriage-equality/ )

150501 IT2B solidarity

& soon-3A look at how far we’ve fallen behind other countries on marriage equality, posted on the day of the US Supreme Court hearings and in the lead-up to the Irish referendum: <https://alastairlawrie.net/2015/04/28/its-time-to-bind-to-stop-us-falling-further-further-behind/

In Australia, we don't need the highest-6

And finally, if you are anything like me, the most important reason why now is the right time to push for a binding vote in the ALP:

#ItsTimeToBind Because we've waited long

Tanya Plibersek’s Principled Stand Threatens to Achieve Progress on Marriage Equality

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This morning’s Sydney Morning Herald editorial (“Tanya Plibersek’s Misstep Threatens Progress on Samesex Marriage”), which attacks Deputy Opposition Leader Tanya Plibersek for calling for an ALP binding vote for marriage equality, is misguided and mistaken – about as misguided and mistaken as its pre-2013 Federal Election editorial (you know, the one where they advocated for the Australian people to vote to make Tony Abbott Prime Minister).

The editorial itself appears to be making two main arguments, both of which are wrong:

  1. That Ms Plibersek’s call for an ALP binding vote will prevent the Liberals from adopting a conscience vote. This is a complete misdirection of blame.

The editorial implies that what Labor does on this issue (ie whether it binds, or retains a conscience vote) will determine what the Liberals do. Except that we have already had three and a half years of an ALP conscience vote on marriage equality (during which legislation to introduce it was heavily defeated), and the Liberals have yet to even properly debate it.

The only people who are able to decide whether there is a Liberal Party conscience vote on this issue are Tony Abbott and the members of the Liberal party room; the last time I checked Ms Plibersek didn’t have a vote there. And, even if the ALP votes as a bloc, the last three and a half years clearly demonstrates there is nothing to prevent the Liberals from simultaneously granting their MPs a free vote.

If the Herald is so concerned about the lack of progress on a Liberal Party conscience vote on marriage equality, perhaps they should apportion responsibility for this where it belongs – to Tony Abbott and his Liberal Party colleagues, and no-one else.

  1. That Ms Plibersek’s call for an ALP binding vote is an imposition on the freedom of conscience of her Labor Party colleagues. Once again this completely misunderstands the issue.

What the Herald is really trying to say is that forcing ALP MPs and Senators to vote for marriage equality even where their personal religious beliefs do not support it is an unacceptable imposition on their freedom of religion.

Except that it is not. Nothing in any marriage equality legislation proposed to date would compel any religion to conduct same-sex weddings, or to recognise those marriages within their religion.

If those churches – and the parliamentarians, including some inside the Australian Labor Party, who are members of them – do not want to support marriage equality within their religion, they will be absolutely free to continue to do so.

All that marriage equality legislation would do is amend the secular law of this country to ensure that it does not discriminate on the basis of sexual orientation, gender identity or intersex status. It will allow those Australians for whom marriage is not a religious institution (and, with 72.5% of marriages conducted by a civil celebrant in 2013, that is an overwhelming majority of the country), including LGBTI Australians, to be able to choose whether to marry, or not, for themselves.

And, just as importantly, it would recognise the freedom of religion of those faiths and churches who wish to be able to marry LGBTI-inclusive couples, to do so too.

The alternative, to suggest that the personal religious beliefs of individual ALP MPs and Senators is a justification for them to withhold the right to marry from an entire class of people, from their fellow citizens, simply because of who they love, is not freedom of religion – it is the imposition of a particular religious view on the rest of country.

And that is what is unacceptable in this debate.

So, no, Sydney Morning Herald editor(s), Tanya Plibersek has not made a ‘misstep’ in calling for a binding vote for marriage equality, and she has definitely not derailed progress.

What Ms Plibersek has done is stand up for the principle that the secular law of this country should finally recognise the equality of our relationships, irrespective of who we are.

What Ms Plibersek has done is call for the Labor Party to support the human rights of all Australians, and to do so through collective action, because fundamental equality should not be optional, and because there is absolutely no reason why the ALP, which binds its parliamentarians on nearly all issues, should not bind on marriage equality too.

What Ms Plibersek has done is stand up for the values of me, and thousands of other lesbian, gay, bisexual, transgender and intersex (LGBTI), as well as progressive, members of the Labor Party, and the labour movement more broadly, who are pushing for this change to happen at National Conference in Melbourne in July.

And, contrary to the assertions in the editorial, that is not a failure to demonstrate leadership – instead, this is exactly what leadership looks like. It is a profound shame that the Sydney Morning Herald cannot recognise it.

(To read the full Sydney Morning Herald editorial, click here: http://www.smh.com.au/comment/smh-editorial/tanya-pliberseks-misstep-threatens-progress-on-samesex-marriage-20150428-1mut6z.html )

Deputy Opposition Leader, the Hon Tanya Plibersek MP, who is demonstrating leadership by calling for a binding vote for marriage equality inside the ALP.

Deputy Opposition Leader, the Hon Tanya Plibersek MP, who is demonstrating leadership by calling for a binding vote for marriage equality inside the ALP.

Thank you Tanya Plibersek and Penny Wong for Supporting a Binding Vote on Marriage Equality

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In the lead-up to ALP’s National Conference in July, if the #ItsTimeToBind campaign is to be successful, it will be important for senior figures within the party to come on board and express their personal support for a binding vote in favour of marriage equality.

Which is why it was so encouraging that, on 28 March, two members of the current parliamentary leadership group publicly indicated their own commitment to a binding vote.

In an article which appeared in The Saturday Paper, Deputy Opposition Leader the Hon Tanya Plibersek MP, and Leader of the Opposition in the Senate, Senator the Hon Penny Wong, both confirmed their backing for a change to the rules (article here: http://www.thesaturdaypaper.com.au/news/politics/2015/03/28/pressure-builds-same-sex-marriage-libs-and-alp/14274612001683#.VR8hjboxGX1).

I have sent short letters to both Ms Plibersek, and Ms Wong, thanking them for their public stands (copied below). Hopefully, these will be the first of many such thanks we get to write in the 16 weeks remaining til the party’s delegates assemble in Melbourne.

The Hon Tanya Plibersek MP

Deputy Leader of the Opposition

PO Box 6022

House of Representatives

Parliament House

CANBERRA ACT 2600

Sunday 5 April 2015

Dear Ms Plibersek

Thank you for Supporting a Binding Vote in Favour of Marriage Equality

I am writing to express my thanks to you for supporting a binding vote in favour of marriage equality, as confirmed in an article published in The Saturday Paper on 28 March 2015.

If the campaign for a binding vote on marriage equality is to be successful at ALP National Conference in July, then it will require leaders within the party to stand up for the principle that the recognition of the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians should not be optional.

Thank you for publicly supporting this principle, and for demonstrating leadership in the process.

Hopefully, you will be joined in this position in coming months by the majority of your parliamentary colleagues, from the Leader of the Opposition, the Hon Bill Shorten MP, down – and that, ultimately, the majority of delegates to ALP National Conference agree.

In this way, not only will the Australian Labor Party make history by changing its position, but the Australian Parliament will be much closer to making history by changing the law – something which I am sure you agree is long overdue.

Thank you again for supporting a binding vote. Let’s hope the campaign is successful come July.

Sincerely

Alastair Lawrie

Deputy Opposition Leader, the Hon Tanya Plibersek MP, confirmed her support for a binding vote on Saturday 28 March.

Deputy Opposition Leader, the Hon Tanya Plibersek MP, confirmed her support for a binding vote on Saturday 28 March.

Senator the Hon Penny Wong

Leader of the Opposition in the Senate

PO Box 6100

Parliament House

CANBERRA ACT 2600

Sunday 5 April 2015

Dear Senator Wong

Thank you for Supporting a Binding Vote in Favour of Marriage Equality

I am writing to express my thanks to you for supporting a binding vote in favour of marriage equality, as confirmed in an article published in The Saturday Paper on 28 March 2015.

If the campaign for a binding vote on marriage equality is to be successful at ALP National Conference in July, then it will require leaders within the party to stand up for the principle that the recognition of the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians should not be optional.

It is incredibly pleasing that your spokesperson’s quote in the article strongly reflects this view: “Senator Wong’s longstanding position is that marriage equality should not be a matter of conscience, it should be Labor policy.”

Thank you for publicly supporting this principle, and for demonstrating leadership in the process.

Hopefully, you will be joined in this position in coming months by the majority of your parliamentary colleagues, from the Leader of the Opposition, the Hon Bill Shorten MP, down – and that, ultimately, the majority of delegates to ALP National Conference agree.

In this way, not only will the Australian Labor Party make history by changing its position, but the Australian Parliament will be much closer to making history by changing the law – something which I am sure you agree is long overdue.

Thank you again for supporting a binding vote. Let’s hope the campaign is successful come July.

Sincerely

Alastair Lawrie

"Senator Wong's longstanding position is that marriage equality should not be a matter of conscience, it should be Labor policy." Hear, hear.

“Senator Wong’s longstanding position is that marriage equality should not be a matter of conscience, it should be Labor policy.” Hear, hear.

Letter to ALP Caucus re Senator Leyonhjelm’s Freedom to Marry Bill 2014

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The Hon Bill Shorten MP

Leader of the Opposition

c/- PO Box 6022

House of Representatives

Parliament House

Canberra ACT 2600

Monday 23 March 2015

Dear Mr Shorten

Please Amend Senator Leyonhjelm’s Freedom to Marry Bill 2014

I am writing to you regarding Senator Leyonhjelm’s Freedom to Marry Bill 2014, about which debate is scheduled to begin on Thursday 26 March 2015.

Specifically, I call on you, and all federal parliamentary members of the Australian Labor Party, to seek to amend this legislation during debate to remove provisions that would allow civil celebrants to refuse to provide services to LGBTI-inclusive couples, based on nothing more than the celebrant’s personal prejudice.

These provisions are wrong in principle, undermining legislation that is purported to promote the equal right to marriage by also expressly providing a ‘right’ to discriminate on the basis of homophobia, biphobia, transphobia and intersexphobia.

There is no justification to allow people providing secular services in a secular area of public life (ie non-religious wedding ceremonies) to discriminate on the basis of sexual orientation, gender identity or intersex status.

If passed, these provisions would also set a worrying precedent for other legislation. It is no coincidence that this legislation is being moved by an extremist who does not believe in the right not to be discriminated against in public life – indeed, Senator Leyonhjelm has previously stated that “[i]ndividuals should be able to discriminate but governments should not.”

In this way, the civil celebrant provisions of the Freedom to Marry Bill 2014 should be seen for what they are – the first steps in a campaign, supported by religious and libertarian extremists alike, to undermine Australia’s framework of anti-discrimination protections.

It took 38 years, from the passage of the Racial Discrimination Act 1975, for Australia’s lesbian, gay, bisexual, transgender and intersex (LGBTI) community to finally achieve protection against discrimination under Commonwealth law – the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 was an important achievement of, and is an essential legacy of, the previous Labor Government.

It would be devastating if the very next piece of LGBTI-related legislation to be considered by the Commonwealth Parliament were to directly undermine the right not to be discriminated against on the basis of sexual orientation, gender identity and intersex status, by instead granting civil celebrants the ‘right to be bigots’.

I sincerely hope that, given the Australian Labor Party has spent the past 12 months campaigning against Senator Brandis’ proposal that Australians should have the right to be bigots vis-à-vis racism, that you will also seek to amend these provisions that would enable bigotry of a different kind.

I also sincerely hope that enough of your parliamentary colleagues, including from the Greens and from the cross-bench, agree and that therefore these provisions are removed, meaning the Parliament can consider a Freedom to Marry Bill that is not also a ‘freedom to discriminate’ bill.

However, the question remains what the position of the Australian Labor Party should be if these amendments are unsuccessful, or if the House of Representatives insists on the Freedom to Marry Bill 2014 including the freedom to discriminate.

I acknowledge that this is an incredibly difficult decision to make – to reject the ability of LGBTI-inclusive couples to be married or to promote intolerance against those same people – indeed I have written previously of this exact dilemma: https://alastairlawrie.net/2014/12/21/senator-leyonhjelms-marriage-equality-bill-undermines-the-principle-of-lgbti-anti-discrimination-should-we-still-support-it/.

In the absence of LGBTI community consensus on this issue – and there can be no consensus because, as far as I can tell, there has been no genuine community debate or consultation – I am forced to fall back on my basic principles. And they are as follows:

I want marriage. I want the right to be married to my partner of almost seven years, my fiancé of more than five, in exactly the same way that my sister and my brother have been able to marry their respective spouses. There is absolutely no reason why I should have lesser rights than them simply because of who I love.

But, I want equality more. The principle of LGBTI equality is fundamental to any just society, and militates against the creation of ‘special rights’ or ‘special privileges’ to treat us as lesser citizens in any way.

To me, the struggle for LGBTI equality is broader than simply the battle for marriage: it includes improving the protections offered by anti-discrimination legislation (both state and federal), among many other things. This overall struggle is more important than any one Bill, and should not be undermined by the passage of flawed legislation such as this.

I will concede that there are those who wish to pursue the Freedom to Marry Bill 2014 in its current state, ‘warts and all’, as an incremental reform – a stepping stone – and to seek the removal of the civil celebrants provisions at a later date.

Not only do I believe that this could be labelled disingenuous – especially if concerns about these provisions are not placed on the public record ahead of the upcoming parliamentary debate – but it also under-estimates the difficulty of removing such legislative ‘blemishes’ after the central reform has passed.

For example, 33 years after the introduction of ‘homosexual’ anti-discrimination protections in NSW, the worst excesses of that particular compromise (such as the right of private schools to expel gay and lesbian students) remain seemingly intractable. It also took almost two decades to equalise the age of consent in NSW post-decriminalisation – and in Queensland their unequal age of consent is now 25 years old and counting.

Which means that it is no exaggeration to suggest that, if the Freedom to Marry Bill 2014 is passed in its present form, the so-called ‘right’ of civil celebrants to reject LGBTI-inclusive couples will likely still be around in 2025, 2030 or even beyond. And that is an unacceptable situation.

So, with a heavy heart, I urge you, and all federal parliamentary members of the Australian Labor Party to reject the Freedom to Marry Bill 2014 if you are unable to remove provisions which allow civil celebrants to discriminate on the basis of their personal prejudice.

Instead, I urge you to concentrate on passing other legislation, including the Marriage Equality Bill developed by the Deputy Leader of the Opposition, the Hon Tanya Plibersek MP, that does not promote homophobia, biphobia, transphobia and intersexphobia.

Marriage equality will be won, must be won, and it must be won soon. But it must also include both parts – marriage and equality. Senator Leyonhjelm’s Freedom to Marry Bill 2014 only offers the first half of that equation.

Please amend his flawed Bill and, if you are unsuccessful in doing so, please vote against it and instead support genuine marriage equality legislation in the (hopefully) not-too-distant future.

Thank you for taking this correspondence into consideration.

Sincerely

Alastair Lawrie

Cc The Hon Tanya Plibersek MP

Deputy Leader of the Opposition

PO Box 6022

House of Representatives

Parliament House

Canberra ACT 2600

Senator the Hon Penny Wong

Leader of the Opposition in the Senate

PO Box 6100

Senate

Parliament House

Canberra ACT 2600

The Hon Mark Dreyfus QC MP

Shadow Attorney-General

PO Box 6022

House of Representatives

Parliament House

Canberra ACT 2600

Letter to Ministers re National Health & Physical Education Curriculum

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

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

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

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

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

Dear Minister Garrett

NATIONAL HEALTH AND PHYSICAL EDUCATION CURRICULUM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank you in advance for considering this correspondence.

Gardasil vaccine for boys starts

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Gardasil Vaccine Image

So, last Friday, 15 February 2013, the Federal Government scheme providing Gardasil vaccinations to teenage boys commenced.

I have written about this issue before (in my Top 12 moments of 2012), but I think it bears repeating – this is an absolutely fantastic initiative, and one that will save the lives of many, many gay and bisexual men in the future.

The fact that Gardasil was provided only to girls up to now is a direct result of the decision made by the then-Minister for Health, Tony Abbott, under the Howard Liberal-National Government in 2007. That decision, which attempted to redefine Gardasil as being a vaccine against cervical cancer first and foremost, effectively disregarded the mounting evidence that Human Papillomavirus (HPV) is the cause of many cancers (genital, anal, mouth and throat), in both men and women.

On the flipside, the current Health Minister, Tanya Plibersek, will be responsible for saving the lives of many gay and bisexual men in future by expanding this scheme to provide Gardasil to school-age boys. Thank you Minister for this decision, which will hopefully inspire other countries around the world to do the same thing, and save as many gay and bisexual men from these unnecessary cancers as possible.

The text of Tanya Plibersek’s media release is included below.

The Hon Tanya Plibersek MP

Minister for Health

MEDIA RELEASE

15 February 2013

Boys get their world-first dose of Gardasil ® to protect against HPV

Australian schoolboys have begun receiving the first of three vaccinations to protect them against cancers and disease caused by the human papillomavirus (HPV), Health Minister Tanya Plibersek said today.

Ms Plibersek said more than 280,000 boys will be eligible for the free Gardasil® vaccine this year, which is estimated to prevent a quarter of new HPV infections.

Vaccination will protect boys from cancer and genital warts, and continue to reduce the rates of cervical cancer among women.

In a world first announced in July, schoolboys will join more than one million Australian girls aged 12-16 years who have already been fully vaccinated against HPV under the school vaccination program.

“The HPV vaccine is the best protection against the HPV virus; a virus that infects four out of five sexually active people at some point in their lives and is linked to cancer and other disease.”

“Because of our work in this area, Australia’s HPV vaccine coverage rates are among the best in the world, resulting in a significant drop in HPV-related infections.”

Since the HPV vaccination program started in 2007 there has been a reduction in HPV-related infections in young women and a reduced incidence of genital warts in males and females.

There has also been a reduction in pre-cancerous lesions in young women.

“We’re confident that extending the program to males will reduce HPV-related cancers and disease in the future,” Ms Plibersek said.

More than 400,000 boys and girls will start to have their first vaccination this month, with follow up doses from April and August.

The vaccinations will be delivered by qualified immunisation providers in all states and territories, but only if parents and guardians provide their consent.

The Gillard government is working with all states and territories to implement the HPV school vaccination program.

Parents, students and health professionals can find more information about the HPV school vaccination program at australia.gov.au/hpv.

Further information: A media website, with the eligible state and territory year groups and downloadable audio and video clips from HPV experts, is available at hpv.health.gov.au/media.