David
Pocock, Australian Rugby openside flanker, (Marie Claire, July 2012, p.
44)
Wallaby David Pocock is one of the hardest, toughest men
currently running around on an Australian paddock. Consequently I was a little
taken aback to read his progressive and tolerant approach to marriage equality
in Marie Claire. Either footy has changed significantly since I played
it, or this nation has. And after conducting an inquiry into marriage
legislation I now know it is the latter.
Australians have usually been ahead of the rest of the world
when it comes to removing discrimination. Initiatives have included providing
the vote for women; repealing discriminatory immigration policies; protecting employment
for married women; and enabling Indigenous Australians to participate fully in
the democracy that had blossomed on their continent.
Reducing discrimination in all its forms is a matter of
social justice. All Australians are people worthy of respect, regardless of
age, religion, race, sex, gender, sexual orientation, occupation, level of
income, abilities, or choice of lifestyle.
In recent times, there has been growing recognition of the
discrimination that same-sex couples experience, both socially and legally, as
family units. I am proud to have been a part of the Commonwealth Parliament
that in 2008 rectified in a bi‑partisan way many of the financial
disadvantages that same-sex couples endured compared to their opposite-sex de
facto and married counterparts. The opportunity to take the step of publicly
declaring a couple’s love and commitment by entering into a marriage is the
final discriminatory hurdle for same-sex couples. It is unjust that two people
who love each other are unable to marry each other because of their sexual
orientation. And I firmly believe that marriage is still the best way to
protect committed monogamous relationships.
The key underpinning in any successful relationship is
‘love’, and love is universal. We all know love, seek love, and give love. We
also know what marriage signifies. Marriage is about the love and commitment
that two people have for each other. The sexual orientation of the parties to
the marriage is not the issue; it is what they pledge to each other in the
marriage itself. Today in modern Australia, marriage is a legal status
administered by the state. And while many marriages are conducted in accordance
with religious rites, the legislation that this report inquired into has no
intention to force any religious tradition or institution to include same-sex
marriage ceremonies.
The Australian Constitution makes no mention of ‘love’, but
no sane person would dare to suggest we are a nation bereft of this most
fundamental of human emotions. (Incidentally, the Constitution makes no mention
of ‘prime minister’ either, but that’s a story for another day!) However, s116
of the Constitution does enshrine the protection of Australians to practise
their religions without the interference of the state. Any changes to the
marriage legislation which was only introduced in 1961 will in no way interfere
with the continuation of this religious freedom.
It is important to remember that God did not write the
Marriage Act. It is written by lawyers and legislators and must reflect the
views and values of today. And every Member of Parliament is charged with the
duty of ensuring that our laws best protect the values and beliefs of all of
the people we represent.
To achieve this end, I fully support the legalisation of
marriage for couples of the same sex and the intent of both the Marriage
Equality Amendment Bill 2012 and the Marriage Amendment Bill 2012. Just as we
look back in disbelief to the day in my lifetime when Indigenous Australians
could not vote in their own country, or when homosexuality was illegal; it is
now time to enact this legislation and raise future generations of children who
won’t believe that once upon a time same-sex couples in Australia could not
marry. The love between same-sex couples is no different to that of
opposite-sex couples, and deserves no less the public recognition, celebration
and symbolism which the wonderful institution of marriage bestows.
To Members of Parliament, I encourage each of you to read
this report before voting on the bills. I appreciate that there are many
differences of opinion among us, as there is across the country. However, we
have the weighty responsibility of upholding the views of the constituents who
elected us to this position. We have a duty to lead as well as represent our
constituents and to vote accordingly. I encourage the House of Representatives
to remove this final vestige of discrimination against same-sex couples. Should
such legislation be challenged, let us hope that the High Court recognises that
the Constitution should not be frozen in the social attitudes of 1901.
I congratulate Mr Adam Bandt on being the first MP to
introduce a bill to legalise same-sex marriage in the House of Representatives.
I warmly thank him for his contribution to the inquiry as a supplementary
member to the Committee. The Committee is honoured to have been part of this
important debate, and I thank all the Committee members for their efforts in
carefully considering the bills and asking the important questions. Despite a
considerable diversity of views among the Committee, I am grateful for the bi-partisan
spirit shown in preparing this report to guide and support our strong and independent
Parliament.
As Members of Parliament it is now time for you to respond
to the growing public support for same-sex marriage and to lead the nation by
categorically opposing laws that legitimise discrimination. Government is made
up of individual members. You may belong to one party or another, but now is
the time for each of you to take a stand. To go against your conscience is
neither right nor safe.
Graham Perrett MP
Chair