Additional Comments
Mr Graham Perrett MP, Chair, and Ms Laura Smyth MP
We appreciate the opportunity to hold this inquiry into the Marriage
Equality Amendment Bill 2012 (the Bandt/Wilkie Bill) and Marriage Amendment
Bill 2012 (the Jones Bill). We are pleased to contribute to the public debate
and to provide comment to the Parliament prior to its vote on the question of marriage
equality.
Marriage equality has been a topic of discussion for many
years now and we believe that the conduct of that debate reflects Australia’s
tolerant and progressive culture. We are grateful to the public for providing
input into the inquiry. The level of public participation in this inquiry is
unprecedented in the history of the House of Representatives parliamentary
committees.
We hope that the report and our additional comments will aid
the Parliament in determining the passage of the bills. The report has examined
the proposed amendments to the Marriage Act in light of historical changes to
that Act affecting Indigenous Australians and the appropriate age of consent.
These changes demonstrate that attitudes to marriage eligibility and equality
have evolved with changing social attitudes. It is for the Parliament to
determine whether to accept the current proposed changes.
While we accept that different types of relationship
recognition may be available to couples in some Australian jurisdictions, those
recognition arrangements are limited, inconsistent, and do not equate to
marriage in the eyes of most Australians.
We note the particular significance given to marriage by
various faith based organisations which provided evidence to the inquiry, and
the diversity of religious views on same–sex marriage equality.
However, we also note the expectation of a separation of
church and state in Australian society. We are satisfied that this is not
compromised by the amendments proposed in either bill.
We acknowledge the strength of public interest in the
proposals, as demonstrated by the volume of public responses to the inquiry. We
were moved by the passion and intensity of the contributions made by members of
the public and organisations. As such we have included, at the end of these
comments, a broad selection of some of the views that members of the Australian
community hold, drawn from responses to the inquiry. We consider that the
inquiry process has provided a balanced selection of public responses on issues
including the role and composition of families, equality and freedom from
discrimination.
Having made significant advances in ensuring equal rights
for same sex couples, we believe that equal opportunity in marriage is a
further progressive step in ensuring equal rights in Australian society. Gay
and lesbian couples should be given the opportunity to have the foundation of
their relationships recognised in the same way as heterosexual relationships
are recognised under the Marriage Act.
The Jones and Bandt / Wilkie Bills will be debated in the
House of Representatives and all Members of Parliament, including members of the
Committee, will vote on these bills. In deliberating about these bills we know
that the Parliament is tasked with a weighty responsibility. Australia is a
nation that respects the diversity of its citizens. In considering social
change and the shape of Australia’s future, the Parliament must both lead the
nation and appreciate the values of a modern nation.
We commend the Committee Report to the Parliament and ask
each Member of the Parliament to weigh carefully the views and evidence
presented in their deliberations on the bills.
Mr Graham Perrett
MP, Chair
Ms Laura Smyth MP
Further comments—Mr Graham Perrett MP
The Committee received a record number of responses to this
inquiry, in the form of letters and emails and input into the online survey. I
would like to reiterate that the online survey was not a poll or ‘vote’ on
whether the bills should be passed or not. It provided a quick and easy means
for a large volume of people to participate and make their views known
anonymously. Many of the participants chose to make comments, and a sample of
these is provided below.
Comments on relationships
It is in our society’s best interests to foster and
support loving, committed relationships.
Human relationships are not determined by sex or biology,
but by the quality of the love, trust and care between the participants and
their commitment to each other.
I believe that marriage, as an institution in Australia,
is about recognising couples’ relationships in the eyes of the state, society,
friends and family.
One of the primary reasons for the development of the
institution of marriage was to ensure social and economic security by applying
formal recognition and thus mutual responsibilities to relationships.
Marriage is a social contract between two adults. In our
society it isn’t just a religious contract, with it comes duties, obligations,
and benefits between the two parties. Our laws recognise the unique nature of
this status and bestow special conditions on this relationship.
Legal and community recognition that a committed
relationship between two people (whether opposite or same sex) is important to
me. Relationships are important in our society as support for one another is
required to live life.
In Australia marriage is the main way that we as a
society recognise the importance of relationships.
Making a commitment to a relationship is important and
marriage is one way of formalising that commitment.
Marriage is a special relationship between a man and a
woman for the raising of children in an environment where both genders are
represented. A different recognition of same sex couples seems more appropriate
than redefining a relationship which has been the basis of our society for
centuries.
In my opinion, marriage is the union between two parties
that choose to spend the rest of their lives together.
Gay people are already forming life-long relationships
and having children together. They are in all points of substance no different
to straight couples. They (and their children) deserve the same legal
recognition and protection that marriage provides to straight families.
Marriage is the fundamental basis of family, and thus of
society. Marriage allows children to have relationships with their biological
parents, and for biological parents to have relationships with their children.
Comments in support of same-sex marriage
Marriage is a legal construct legally recognising a
relationship between two people. By any objective measure, a same-sex
relationship has all the same qualities of an opposite-sex relationship. Some
last, some do not. Some involve children, some do not. To deny committed
same-sex couples the rights, responsibilities, and recognition of Marriage is
discriminatory and sends the message that they are second class citizens.
Marriage, insofar as it concerns the Australian
government, is the civil institution created by the recognition of a relationship
between two people, and any legal implications that recognition entails. The
religious institution of marriage is related, but separate, to this civil
institution. There is, therefore, no reason to exclude same-sex couples from
legal recognition of their relationship on the basis of religious norms.
As a secular government, the Australian Parliament should
recognise all lifetime commitments between couples regardless of religious
prohibitions.
Marriage is an expression of commitment and security. It
should not be restricted. All human beings have the right to equality before
the law.
Symbolically we need to show that gay people are not
excluded from our civic institutions (the religious institution of marriage is
a matter for the respective religions but the legal and civic notion of
marriage should apply to all).
Society is constantly changing, and it is time we started
to act upon these changes, rather than dictating old traditions.
Marriage is about two people uniting before God and for
legal recognition in the community, and I believe that if two people of the
same sex want to commit themselves to each other for the rest of their lives,
then they should have the same rights as everyone else.
At present, a large fraction of our society is excluded
access to the legal rights and privileges of marriage. This is morally wrong,
socially destructive, and potentially devastating for those affected.
All consenting adults should have access to the
institution of marriage, with the consenting adult of their choice. To only
allow marriage between opposite sexes is discrimination based on sexual
orientation, and thus is not equal rights.
Families with same-sex parents deserve the same social,
legal and religious protections offered to them that other families have access
to, something that only marriage equality can provide.
Recognising same-sex marriages is about saying that
Australia recognises all types of families and relationships and does not
discriminate based on sexual preference. This is how I want Australia to be
viewed by others and how Australians should view each other.
Marriage is the foundation of a loving and stable
relationship, and should be available to all Australians who wish to celebrate
it.
I support the Marriage Equality Amendment Bill 2012 over
the Marriage Amendment Bill 2012 as the former is a more inclusive, complete
version of the legislation. Discrimination on the basis of sex and sexual
orientation is prohibited in other acts, and should therefore be removed from
the Marriage Act. The current situation of disallowing same sex marriage in a
society where discrimination is prohibited is a case of everyone is equal, but
some are less equal than others.
Our life is like that of many other Australian families.
We enjoy planning (and going on) family holidays, we attend our local Catholic
Church on Sundays. All-in-all we lead a pretty boring life. One thing that we
would like to do, but can’t, is to marry. We want our children to grow up
knowing that their parents have the same rights as everyone else. This is not a
dangerous or radical proposition. After all, the desire to fall in love and
grow old with someone is not restricted to heterosexuals.
Comments in opposition to same-sex marriage
Marriage has always meant the union of one man and one woman
for life. This is the nucleus of family which is the foundation of our society.
It is essential that the sanctity of this definition and this union is
safeguarded now and into the future.
There are many different kinds of relationships in our
society, each with their own purpose, and I believe we should honour
traditional marriage for what it is.
Marriage is a sacred union between a man and woman. If
homosexual people wish to have a union, it should be called something
different.
Marriage is deeply valued by a large proportion of the
population for cultural and religious reasons and this should be respected.
Marriage is a religious act not a legal act and therefore
politics should not be making laws to influence any religion to change their
beliefs. Marriage by definition is the joining of a man and a woman into a
holy union.
I believe that it is the best interest of Australian
families if we used God’s standard as the guide for morality and not public
opinion. We have seen how moving away from God’s standard has resulted in a
decay of the family unit. I therefore do not support legalising gay marriage.
The definition of marriage being between a man and a wife
cannot be amended to include same sex couples. If same sex marriage was to be
legalised, society will break down.
I believe in the biblical definition of marriage, being
for one man and one woman. I don’t think the definition of marriage can be, or
should be expanded.
There will be ramifications for the way in which ‘marriage’
is viewed for heterosexual couples.
The definition of ‘marriage’ is the union of a man and a
woman. This doesn’t contain any ‘moral’ considerations, that’s just the
definition of the word. If you change the definition, that’s not the same
word.
I believe marriage is between a man and a woman and
therefore the sanctity of this must be protected. As a society we need
traditions and firm foundations to build on.
Marriage is an ancient convention that provides a
formalised arrangement for a relationship of love and nurture with a primary
goal of providing a healthy and stable environment for the raising of children.
Marriage is not simply a loving, committed relationship
between two people, but a unique kind of physical and emotional union which is
open to the possibility of new life. It is not a discrimination against
homosexual couples to uphold marriage as being between a man and a woman.
Marriage and same sex unions are essentially different realities.
Marriage has always meant the union of difference, leading
to the issue and raising of children, and this does not naturally follow from a
gay union. I oppose the redefining of marriage, as it will destroy the very
nature of that relationship.
Personal stories
My partner & I have been together now for 17 years.
As far as we, our family & friends are concerned, we are married. We both
contribute to our local community & have careers in the private &
government sectors. We pay tax & have a mortgage, too but the best we can
be offered, as far as our relationship status is concerned, is ‘defacto’. It
feels like a second rate concession when our contribution is first rate.
I have been with my boyfriend for 4 years and we love
each other dearly. One day I would like to get married, but it is sad if my
love is deemed inferior because of arbitrary reasons.
As a 23-year-old individual I have grown up with an
acceptance that same-sex relationships are normal and legitimate in every
sense. I honestly believe there is a large generational gap and by bringing in
this legislation it will help to begin to reduce this.
I would like to support my daughter in her quest to
marry, and have that marriage formally recognised with her long time partner. I
have been married to my wife for more than thirty years.
if they pass, it’ll mean that my partner and i can
finally get married, after 12 years. there’ll be a narrative and language that
people can understand and get their heads around. our family will gradually
become safer as society is led by legislation to understand that we should be
treated equally.
I have been in a same sex relationship for 32 YEARS and
cannot understand why after all these years there is still not recognized
equality for persons in same sex relationships.
Changing the law to enable me to marry my same sex partner
will mean that we will be able to seek equal treatment in our public lives. For
example, my partner’s employer (UN) will recognise our 30 year relationship
fully if our country recognises our marriage. This will include health care,
leave and moving arrangements and superannuation.
My little sister is a lesbian. Ever since she told me, I
never want to see my sister upset again if I can help her get through it. The
thought of her not being able to get married is unjust and unconstitutional.
Please stop this inequality and recognise that we are all people just trying to
do the best we can in this world, with the little time we have. Please make it
is easier for my sister to live in this society without inequality and
discrimination based on sexual orientation.
I am Australian. I am a daughter. I am a sister. I am a
niece. I am a cousin. I am a friend. I am a university graduate. I am a
teacher. I am a partner. I am in love. I am...not allowed to legally marry. I
want to watch my partner grow old and get wrinkles. I want to share my
adventure called life with her. I want to experience together the overwhelming
joy of childbirth and raise children in a loving family home. I want to walk
down the aisle in a beautiful white dress just like every little girl dreams
of. I love being Australian. I love Australia. I am proud of where I come from
and how fortunate we are. I would love if Australia felt the same way about me.
I am no different from your own sister, daughter, niece, cousin or
friend....how would you feel if the country they loved did not allow for them
to get married? Let me help with that answer....it hurts.
As a gay woman who grew up dreaming of her big white
dress wedding day it breaks my heart to be almost 30 and facing a future where
I can not marry the love of my life as should be my right, as should be anyone’s
right.
I am an 18 year old female and although my sexual
orientation is different to others, I still grew up imagining myself walking
down the aisle with the person I love. I still dream of that one, perfect day
which I can share with my friends and family. The education system within
Australia teaches us to be independent, strong and accepting yet why is the
homosexual community discriminated and restricted by the current laws? I
believe that everyone should have the right to marry anyone they wish to, and I
believe that the government needs to take a step forward in their growth to
legalise same sex marriage.
I have been married to the woman I love for 55 years and
we are both Christians. We believe that same sex marriages should be permitted
because they imply fidelity, love and happiness.
I have been married for forty-eight years, and can see no
reason why any couple who wish to make such a commitment should not be able to
do so.
I believe in equality. I have been married for 50 years
and have 2 children so I have no personal axe to grind. Marriage is about love
and commitment and doesn’t only apply to heterosexual people. Some people think
that marriage is about children but lots of people get married without any
intention of having children. And quite a lot of heterosexual people should
never have children.
As a gay man, a Catholic man, a man from a cultural
minority, and a registered psychologist - I know very well the implications of
both sides of the debate. It has been my experience that prevention of same-sex
marriage, and lack of recognition of same-sex marriage performed in foreign
countries, perpetuates gay people’s experience of segregation and
discrimination. ANYTHING we can do as a community to send the message that we
are equal goes some way to undo and prevent further damage.
My Experience growing up as a straight male in a highly
Christian environment, both at school and at home has taught me that love is
the greatest thing two people may share. Love is greater than gender and anyone
should have the chance to express this in a way that is recognized by a country
as Great as Australia.
I was raised in a Mormon (LDS) family and for a long time
I believed I had the blueprint for life, happiness and could speak to the rules
god had laid out for us. I came to realise that no one has a right to control
another’s life so long as they aren’t hurting anyone else. Beyond that I
realised how self righteous I was to think I was better than someone else just
because I happen to love to opposite sex. I’ve since formed amazing friendships
with LGTBI people and those connections will last for life. I’ve met some of
the most loving, sincere people who are now considered part of my family. They
raise families and their children deserve the same rights as other kids - to
have their parents marry if they want to and to know they are recognised as a
family unit.
I believe that permitting same sex marriage in Australia
will cause more harm than good. Giving 4000 gay couples in Australia happiness
by allowing this bill to pass, does not outweigh the outrage that the religious
and independent belief organisations will have. I myself believe that gay
couples should be allowed to get married, but from a utilitarian point of view,
this would cause more harm than good. P.S i am 15 years old.
My wife and I have been married for 37 years this year
and believe that marriage must be recognised as only between a man and a woman.
This relationship is the best structure for the family unit and society.
We have been married for 51 years and have 4 children and
11 grand children. The proposed law changes would downgrade our marriage to the
level of the union of 2 homosexuals.
I am strenuously opposed to same sex marriage as this
notion goes against the laws of nature, traditional culture and religion.
Having been married to my wife for 40 years, I find it repulsive and insulting
that the people supporting this notion are trying to push this legislation
through. If same sex couples wish to live together that is none of my business
and I would not discriminate against them in any way. However, I feel that the
people trying to legalise same sex marriage are trying to gate crash our sacred
institution of marriage between a man and a woman.
I do not agree that a same sex union is an equivalent
relationship to a marriage between a man and a woman. I have been married for
nearly thirty years and raised five children to adulthood with my wife. I think
maybe without intending this bill demeans the specialness of the relationship
which has so defined my life by making it one of a number of ‘valid’
expressions of human relationship. Find other ways to deal with same sex and
defacto relationships but don’t make them equivalent to marriage with the
stroke of a pen.
I have been married for nearly 20 years now. I entered
into marriage for life, to the woman I still love. Our wedding was conducted in
accordance with the laws of the Commonwealth of Australia witnessed by our
family, friends and our God. I do not want my marriage to stand for anything
other than what we entered into 20 years ago. Please do not change the laws to
make marriage something different for whom marriage works now.
Australian religious groups including Christians and
indeed non-religious groups identify with the definition of marriage as
relating to a male and female. They have the right to claim the maintenance of
a long established sacred covenant that is held dear by people, not only
locally but also globally. I have been married for 36 years and I do expect the
legal relationship I entered into maintains the original definition.
I have been married for 37 years and I would feel very
disappointed if our government were to change the definition of marriage. This
would mean a lot of married couples who are opposed to same sex marriage would
be just put into some category that is not what they took a vow to. Where does
this leave them?
I work in the area of child protection and so some of
reasoning is based on my experience working with broken families and the
effects on children. I have seen many varied family groups and my conclusions
are that even though it may not be perfect, children thrive best when they have
both a male and female parent.
Because of my Christian beliefs which are strongly held,
I believe that marriage should be between a man and woman as it is the natural
way to build a stable society.
It is my belief that a marriage should only be between a
man and a woman, based not only on my religious beliefs, but also on my
experiences in interacting with both same-sex and traditional couples. It is my
belief that marriages are lasting unions, and allowing same-sex couples to get
married would delegitimise the sacred union of marriage, as there may be higher
chances for divorce.
I have had the privilege of working as an accredited
welfare worker, church pastor, marriage celebrant and counsellor over a forty
six year period. During that time I experienced living and working with people
from different backgrounds, cultures and beliefs, and one thing stood out, the
primacy of the marriage between a man and a woman and the importance of the
family unit as the building block for a healthy society. The current
description in law has it right
Marriage is a special relationship between one man and
one woman. It holds religious significance to many people, including my family
and this should be respected. I worry that redefining marriage could change my
religious freedom. Families are built on marriage and society built on strong
family life. Research has shown that a child with married, biological mother
and father do best. I believe that this is the model we should aim for in
society.
Although you are elected as my representative I do not
give you the power to change elements of my life and of the world that are far
beyond the purview of any government.
My rights as a ‘married’ person are being ridiculed by
the selfishness of homosexual couples. I took my marriage vows very seriously
indeed - they are personal and meaningful in a relationship between a male and
female. Find another word and you might be surprised at the support you get.
I commend the Committee Report to the Parliament and ask
each Member of the Parliament to weigh carefully the views and evidence
presented and to vote with the courage of their convictions and to support
Australia moving towards equality for all.
Mr Graham Perrett
MP
Chair
Mr Shayne Neumann MP and Mr Mike Symon MP
We do not believe there is anything like sufficient
community consensus which would justify changes to such a fundamental societal
institution as marriage.
Marriage, as the union between one man and one woman has
been steeped in history, law, culture and religion for millennia. This is a
fact which cannot be denied.
We believe that marriage should remain "the union of a
man and a woman to the exclusion of all others, voluntarily entered into for
life" which incorporates the traditional and historic English and
Australian case law definition.
There has been much exaggerated comment from different
parties during the course of this public debate and evidence of the same can be
found in many of the submissions to this Inquiry.
We do not accept "the thin end of the wedge" style
of argument of some opponents of same sex marriage. We find the references to
polygamy et al to be repugnant and ridiculous.
Equally, we do not accept the contention of some proponents
of same sex marriage that this argument is solely about marriage equality. This
contention is disingenuous.
In Australia, marriage is not permitted by law where the
blood relationship is too close and further, at law, there are clear
restrictions on the minimum age of marriage.
Australia is a diverse country and its relationships and
families are diverse as well.
Love, understanding and acceptance within relationships and
families should be celebrated and cherished.
As Members of Parliament we have been pleased to have
supported more than 80 legislative amendments in such areas as social security,
immigration and superannuation to end discrimination against same sex couples
during the terms of this Federal Labor Government.
Nevertheless, we do not think that the framers of the
Australian Constitution had same sex 'marriage' in mind when they enumerated
the Commonwealth Government's powers to legislate with respect to marriage in
Section 51 of the Constitution.
We think it more likely that the classic marriage definition
of "Hyde v Hyde" would have been the common understanding.
It is to be noted that there was robust debate in the
submissions received (both written and oral) re whether the Commonwealth has
constitutional power to legislate for same sex 'marriage' or if the matter is
for the States to decide.
If either of these Bills passes through Parliament then it
will be for the High Court to decide the constitutional limits which apply.
Finally, to change the meaning of marriage is a major step
with many legal, familial and cultural implications as is evident from the
submissions to the Inquiry.
Both Bills propose to remove the terms of 'husband' and
'wife' from the Marriage Act but there is nothing in the draft report that
examines the effect of that provision on the status of the many millions of
people in Australia who are married already as husband and wife.
We consider that there should be no change made to the
Marriage Act in the terms of these two Bills without the clearest and most
widespread community support.
Mr Shayne Neumann
MP
Mr Mike Symon
MP
Hon. Sharman Stone MP
In my view, and after hearing all of the evidence presented,
the passing of either of these two bills would not deliver the changed
attitudes to long-term relationships between same-sex couples which their
advocates desire.
The Coalition does not support either of these bills because
doing so would mean breaking a commitment we made to the Australian people at
the last federal election.
The Coalition has long been opposed to changes to
Commonwealth law that could diminish the institution of marriage. This position
was represented to the Australian electorate at the 2010, 2007 and 2004 federal
elections.
I do not agree that the view towards marriage in Australia
has changed since the 2010 federal election. The Coalition believes that the
definition of marriage, as contained in the existing provisions of the Marriage
Act 1974 (Cth), appropriately reflects the common understanding of marriage
in the Australian community—‘the union of a man and a woman, to the exclusion
of all others, voluntarily entered into for life.’ I am not persuaded that this
definition should be changed.
In relation to the issue of discrimination, the Coalition is
of the view that it is widely accepted that there are certain customs and
practices in any society that are unique to certain relationships. To
acknowledge this does not amount to discrimination.
The Coalition is of the view that marriage is a sui
generis institution and its limitation to people of the opposite sex is not
to discriminate against people who wish to belong to same-sex relationships,
but rather acknowledge that in Australia marriage is a unique institution
which, in accordance with its traditional meaning and purpose, has only been
regarded as being between a man and a woman. It has never been intended to
apply to any other kind of relationship or status.
The Coalition’s view is that all Australians should have
freedom from discrimination and on the question of discrimination against
same-sex couples, our position is clear and unambiguous: we do not accept
discrimination on the basis of sexuality. The removal of discriminatory
provisions against same-sex couples in Commonwealth law began under the
previous Coalition Government in 2004 and the Coalition not only strongly
supported, but substantially improved and extended, further legislative
amendments to eliminate discrimination in 84 other Commonwealth statutes in
2008.
In reaching my decision not to support these bills, I have
considered this issue bearing in mind three important values: that commitments
made to the Australian people at an election are important; that all people are
entitled to equal respect and their relationships are entitled to equal respect
regardless of their sexuality; and that marriage has only ever been understood
to mean one thing in Australia, and that understanding ought to continue.
I do not therefore support either of the bills considered in
this review. Marriage should continue to refer to the union of a man and woman,
a civil union or any other term preferred by same-sex couples is not inferior
or discriminating, it simply observes the differences.
Hon. Sharman Stone
MP
Mr Ross Vasta MP
The Coalition does not support either of these bills because
doing so would mean breaking a commitment we made to the Australian people at
the last federal election.
The Coalition has long been opposed to changes to
Commonwealth law that could diminish the institution of marriage. This position
was represented to the Australian electorate at the 2010, 2007 and 2004 federal
elections.
I do not agree with the majority of the Committee that the
view towards marriage in Australia has changed since the 2010 federal election.
The Coalition believes that the definition of marriage as contained in the
existing provisions of the Marriage Act 1974 (Cth) appropriately reflects
the common understanding of marriage in the Australian community—‘the union of
a man and a woman, to the exclusion of all others, voluntarily entered into for
life.’ I am not persuaded by the evidence before the Committee that this
definition should be changed.
Some of the submissions received by the Committee address
the issue of discrimination. It is widely accepted that there are certain
customs and practices in any society that are unique to certain relationships.
To acknowledge this does not amount to discrimination.
The Coalition is of the view that marriage is a sui
generis institution and its limitation to people of the opposite sex is not
to discriminate against people who wish to belong to same-sex relationships,
but rather acknowledge that in Australia marriage is a unique institution
which, in accordance with its traditional meaning and purpose, has only been
regarded as being between a man and a woman. It has never been intended to
apply to any other kind of relationship or status.
The Coalition members agree with the majority Committee view
that all Australians should have freedom from discrimination and on the
question of discrimination against same-sex couples, our position is clear and
unambiguous: we do not accept discrimination on the basis of sexuality. The
removal of discriminatory provisions against same-sex couples in Commonwealth
law began under the previous Coalition Government in 2004 and the Coalition not
only strongly supported, but substantially improved and extended, further legislative
amendments to eliminate discrimination in 84 other Commonwealth statues in
2008.
In reaching my decision not to support these Bills, I have
considered this issue bearing in mind three important values: that commitments
made to the Australian people at an election are important; that all people are
entitled to equal respect and their relationships are entitled to equal respect
regardless of their sexuality; and that marriage has only ever been understood
to mean one thing in Australia, and that understanding ought to continue.
I recommend that the bills not proceed.
Mr Ross Vasta MP
Mr Adam Bandt MP
You can’t hurry love
The Australian public is ready to remove discrimination from
our marriage laws.
The inquiry’s survey had over a quarter of a million
responses, with 64% supporting the Bandt/Wilkie bill to ensure all people can
marry the one they love.
This figure accords with the many opinion polls conducted
over many years, all pointing to one conclusion: Australians are ready for
Parliament to do the right thing and bring about marriage equality.
Unfortunately, the inquiry shows that although sentiment is
changing, many Members of Parliament are still not yet ready for equality.
As such, the push for equal love stands at a challenging
crossroads.
On the one hand, the public would welcome Parliament doing
the right thing and legislating for equal marriage.
On the other, the Labor party is divided and not ready to
support reform. As such, reform is now in the hands of Coalition members of
goodwill, who have to date been prohibited from exercising a conscience vote.
With the Greens the only party unequivocally in favour of
change, the only way marriage reform will be achieved during this parliament is
if proponents from across the chamber work together—it may not be easy but it
can be done and it should be done.
Here is where the Greens differ from others. Until the old
parties acknowledge that the majority of Australians wish to see marriage
discrimination ended and stop delaying the inevitable, by either throwing their
full weight behind reform or allowing all members of parliament the right to
vote freely, we do not wish this matter to be rushed to a vote only to see it
defeated. This would set back the cause of reform.
We have a unique parliament and a unique chance to progress
the principles of equal love and equal marriage. It would be disappointing if
we did not use this opportunity but it would be even more disappointing if we
‘rang the bells’ too early and divided the parliament simply because some wish
this matter off the national agenda.
A premature vote on marriage equality would risk defeat but
we have nothing to lose by continuing the dialogue in our national Parliament.
I, of course, would prefer to see a Greens' bill become law.
But it is also clear from the report that changes to both bills should be
considered.
I strongly welcome the committee’s suggestion that a single
bill proceed through parliament. Because of the limitations on reform set out
above, such a bill should be co-sponsored by members of all parties in the
chamber, as well as by independents.
The Safety, Rehabilitation and Compensation Amendment (Fair
Protection for Firefighters) Bill 2011, which I introduced, showed that a bill
sponsored by all sides of politics can pass into law when people work together
on important issues. I hope that a similar approach to marriage equality can be
adopted.
As such, instead of recommending a premature vote on the
Bandt/Wilkie bill only for it to face defeat, I renew my invitation to work
with members of the Labor party and the Coalition to co-sponsor a single bill
so that we have the maximum chance of success.
In the meantime, debate should continue in the House.
I urge all members to reflect on the value of fairness, the
importance of equality and the power of love. These forces make equal marriage
inevitable. I sincerely hope that our current Parliament is the one to make
this historic change.
Mr Adam Bandt MP