House debates

Thursday, 20 October 2016

Bills

Plebiscite (Same-Sex Marriage) Bill 2016; Second Reading

11:41 am

Photo of Sarah HendersonSarah Henderson (Corangamite, Liberal Party) Share this | Hansard source

It is my great pleasure to rise and speak on the Plebiscite (Same-Sex Marriage) Bill 2016. I would like to start my contribution by acknowledging that for many, many Australians this is a deeply personal issue. The institution of marriage is a bedrock of our society. I, like so many Australians, believe deeply in marriage and consider it to be the ultimate form of commitment which two people can make to one another—for better, for worse, for richer, for poorer, in sickness and in health, until death do us part. That is not to diminish the partnerships, the commitment and the love of those who choose not to marry of their own free will and not to diminish those who choose to have children, to raise a family but not to marry. Here is one of the cornerstones of this debate: gay and lesbian Australians and the broader LGBTQI community do not have that choice.

In June 2015, after much consultation in my community, I made my position on this issue clear. I confirmed that I supported both marriage equality and a free vote for coalition MPs. I believe our nation should follow the lead of countries such as the UK, New Zealand, Canada, Ireland and most parts of the United States by legalising same-sex marriage. Support for marriage equality is consistent with fundamental Liberal values which embrace freedom of the individual and stable, long-term relationships. If two people love each other and wish to commit to a life together, they should have the option to be recognised equally under the law as a married couple. It is incredibly important to reiterate that this in issue on which decent people will differ, and respect in this debate is fundamental.

On our side of the House, we recognise that changing the Marriage Act is a very substantial change to one of the most fundamental institutions in our community and in our nation. That is why we decided last year that this issue should be resolved through a plebiscite that gives every Australian the opportunity to have his or her say. Our government has committed that a decision on same-sex marriage will be made by all Australians via a plebiscite on 11 February 2017. The question posed to Australians will be, 'Should the law be changed to allow same-sex couples to marry?'

This is an issue of democracy. At the election 15 million Australians voted. We prevailed in the election and we have the mandate to proceed with a plebiscite. If the yes vote prevails in the plebiscite, legislation to amend the Marriage Act will be introduced into the parliament. Under such circumstances, and consistent with our government's commitment, I will be supporting a change in the law to allow same-sex couples to marry.

I am very concerned that Labor's attempts to derail our plebiscite will put this issue on the backburner. This is not good for democracy. This is not good for gay and lesbian Australians. This is not good for the many Australians who care deeply about this issue. If parliamentarians in this place and in the other place are genuine about their desire for same-sex marriage they will support a plebiscite and pass this bill. We do believe it is thoroughly democratic to ask the Australian people whether the Marriage Act should be amended to allow for same-sex marriage, provided there are appropriate safeguards in place to protect religious freedom.

The Attorney-General has released a proposed draft legislation, by way of an exposure draft, for discussion in our community, which should give every Australian the confidence that it is the government's intention that any change in the Marriage Act will continue to give churches, religious institutions and marriage celebrants the freedom to conduct a marriage as they see fit. It is also very important to make the point, in this debate, that a plebiscite is an approach that was previously supported by Labor.

Just before the 2013 election Bill Shorten told religious leaders and Christian voters he was 'completely relaxed about having some form of plebiscite' on same-sex marriage, as reported in the Australian on 29 June 2016. It is very disappointing—but not surprising—that Labor has chosen to so politicise this issue. In fact, what is not widely understood about Labor's position is that in 2019 the Labor Party will change its policy and will deny its members and senators a conscience vote on this issue. The party platform will be that the Marriage Act will be changed to permit same-sex marriage.

I believe, deeply, that this is a matter of conscience for every member of parliament in this place. That is one of the benefits of a non-binding plebiscite. I do acknowledge and I do appreciate that there are many people in the LGBTQI community who vehemently oppose the plebiscite, and I respect their views and their deep concerns. I do believe that most Australians—the vast majority of Australians—are capable of having a respectful debate about this issue. For those who are not and who say vile and offensive things, they should be properly condemned; their position, if that is the way they choose to engage in this debate, reflects only on themselves.

I consider that a plebiscite has the capacity to bring Australians together. I note the position of the member for Warringah, who is well known as opposing same-sex marriage. He has made it clear that if a yes vote prevails in a plebiscite he will vote yes in the parliament to change the Marriage Act—which, I think, will bring great joy to his sister, Christine, who is a well-known campaigner for same-sex marriage. I believe that many other members of parliament—including Labor members of parliament who oppose same-sex marriage but, because of Labor's politicisation of this issue, find it very hard to speak up in contrast to the majority view of Labor members of parliament—will also have the confidence and the conviction to vote yes if a yes vote in the plebiscite prevails. Based on the polling that we have seen in the last 12 months or so it is looking like a yes vote will prevail.

I would ask Labor MPs and senators, such as those in the Nick Xenophon Team, to reconsider their position. This is an issue of democracy but it is an important pathway forward. I know that for many this is not a perfect pathway but if a yes vote does prevail in the plebiscite we could have legislation, in this place, to amend the Marriage Act soon after February 2017. It is for these reasons that I commend this bill to the House.

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