Senate debates

Thursday, 12 November 2015

Bills

Marriage Equality Amendment Bill 2013; Second Reading

11:25 am

Photo of Lisa SinghLisa Singh (Tasmania, Australian Labor Party, Shadow Parliamentary Secretary to the Shadow Attorney General) Share this | Hansard source

I rise to contribute my remarks to the Marriage Equality Amendment Bill 2013. I do thank Senator Simms for bringing this debate on today. I will indicate at the outset my support for this bill.

One of the most important and enduring values of Australian society is its respect for difference. It is respect for difference that is based on that inalienable dignity of every single person. When we talk about that dignity, it is about dignity that is equal amongst people, which means that it persists regardless of race, colour, creed, gender or sexuality or any other arbitrary distinction that we might make. We recognise this dignity by allowing all people to have an equal opportunity to realise their dreams, and equal access to community life—in cultural expression, in work and in the kind of ambitions people can pursue. However, when we look at the legal definition of marriage, as it stands, it denies same-sex couples, gays and lesbians, the dignity that Australian values would rightly accord them.

I want to go to where the Australian community currently stands on this issue, because there is an overwhelming amount of support for marriage equality in this country. The majority of Australian communities right across the country are calling for an end to this discrimination. I think something like 72 per cent, if not more, of Australians are supporting marriage equality. This may be something that we debate here in the parliament, and we express our own views according to conscience—that is as it currently stands at least for the Labor Party and, I think, for the coalition. I acknowledge that the Greens have a united position on this issue.

But regardless of our views in this place, the majority of Australia, the people we represent, the people we legislate for, are calling for marriage equality. That in itself means that we need to reflect on our own views and also reflect on the views of the people we represent, and listen to them.

One of the most important components of this bill, and of the outcome it seeks to achieve, is really about ending discrimination for gays and lesbians in Australia. That really goes to the heart of what this bill is about. I acknowledge the very heartfelt contributions that have been made by some senators in this place on that very issue—the ending of discrimination. When we talk about discrimination, a number of us share our own personal stories of people we know who may have suffered discrimination, or even ourselves. For me, it is the story of a dear friend of mine and his partner. Because of their sexuality, they have suffered discrimination from their neighbour for some seven years now. Their neighbour has left them frightened and intimidated. He has victimised them. He has discriminated against them on the basis of their sexual orientation. These friends of mine have been fighting this through the Anti-Discrimination Tribunal. It has been going on this year, but that is really the end point. It has actually been the last seven years that have been so horrific for them and in which they have suffered so dearly.

When we talk about marriage equality, yes, we are talking about the rights and freedoms for same-sex couples to marry—that is true—but we are also talking about something much more fundamental than that; we are talking about trying to end the discrimination that continues to take place in this country for gay and lesbian Australians, which has resulted in some devastating and terrible outcomes for them. So I stand to contribute in support of marriage equality to do just that—to end discrimination for gay and lesbian Australians. I understand that there are differing views and that some people may not support my view or the view of some of my colleagues—of Senator Simms, Senator McKim and others—but I ask them to recognise that times have changed, as recognised by the majority support for marriage equality in Australia. The institution of marriage has evolved. Marriage is a deeply personal and social institution. It is a commitment offered by a couple to each other through which the value and dignity of a couple's love is formally recognised by their community. In both cases it is a symbol of a loving union between two people, and this is the case regardless of sexual orientation.

In Australia and around the world, marriage equality has come a long way. The campaign in Australia for marriage equality has certainly come a long way. If we look around the world, the referendum in Ireland was an incredibly momentous outcome. The decision by the United States Supreme Court, again, has added vital morale and momentum, I think, to Australia's cause. The words of Justice Anthony Kennedy rang true here in Australia when he delivered the opinion of the United States Supreme Court upholding the constitutional right of same-sex couples to marry. He said that 'We continue to deny the dignity of gays and lesbian couples, and the dignity of their love, and I believe it is discriminatory and incompatible with the expectations of an equal society.' That really says it all for me. I remember the day that decision was handed down and those words of Justice Kennedy were shared and beamed all around the world. He very much touched on what I was remarking on earlier when I talked about discrimination, dignity and the need to be equal regardless of our sexuality, regardless of our race, regardless of our colour and regardless of our gender.

The successful referendum in Ireland, in what some would say is a staunchly Catholic nation, demonstrates the dramatic change in attitudes and the need in Australia for equality too. And, of course, our dear neighbours in New Zealand, and other countries, such as the UK, the Netherlands, South Africa, Denmark, Belgium, Brazil, France and many more, have also recognised the importance of marriage equality. Unfortunately, I did not get to go to a dear friend's wedding recently because he and his partner, his now husband, had to go to New Zealand for their marriage, and time did not permit me to be able to get on a plane to go to New Zealand to celebrate their wedding with them. It was another reminder that they should not have had to leave Australia to be married. They should have been able to be married here with their friends and their family.

I joined over 1,200 Tasmanians in Hobart in August to call on the government to allow our parliamentarians to bring marriage equality into Australia. That rally at the city hall in Hobart may have seemed small by mainland standards, but on a gusty Hobart day the city hall was packed and the sentiment rang through that very packed city hall with supporters spilling out onto the streets. Rodney Croome, from Australian Marriage Equality, spoke passionately that day on the need for change. He has been such a staunch advocate for so long to end discrimination for gay and lesbians in this country, and that also goes to his incredible support for marriage equality. He said:

It is time for us to stand in defence of values we hold dear: love, commitment, family, equality, fairness, belonging. Guided by those values, and standing together as we do here today, we will succeed.

I think everyone's heart was absolutely touched by Rodney's contribution that day. Senator McKim was there and contributed that day as well, as did the acclaimed singer and songwriter, Monique Brumby, who I am sure is familiar to a number of senators in this place. She spoke of her experience. She said:

Growing up in Tasmania as a gay woman, I felt very ashamed a lot of the time ... I was made to feel like I was not equal to other people and I felt depressed. And I see a lot of young people, people of all ages who feel like this today.

She went on to say:

I feel ... honoured and privileged to be a part of history-making in Australia where I feel we can get these laws changed, and the mere fact that we are all here and the fact that support for marriage equality in Australia is at 72% is very encouraging. Its an exciting time.

Support for marriage equality rings so strongly throughout the Australian community. The only thing blocking this from becoming a reality is certain people in this place not supporting it. I ask those people to reflect on their position and to listen to some of the contributions that have been made, not just by those in this place but by those like Monique Brumby, like Rodney Croome and like so many people in the broader Australian community—people who have even changed their views. There are people like the President of the United States, Barack Obama, who changed his view. They recognise that, yes, times have changed and this is about something else. It is about what Justice Kennedy described as 'the end of discrimination' and 'something incompatible with the expectations of an equal society'.

We have had activists, business leaders, unionists, sporting heroes, parents of gay and lesbian children, and so many more, voicing their support for equality. Seven hundred and sixty-five organisations have pledged their support for marriage equality. The negative message that is sent out by discrimination in marriage fosters prejudice. The unequal treatment against same-sex relationships in the wider community is something that I cannot stand by and continue to see happen in this country. This is a debate about real people, real families and real love. We must send a message of acceptance and of belonging to all Australians—to every kid who struggles with their sexuality, to every parent who is concerned that their child will bear the brunt of homophobia and to the children of same-sex couples themselves; to all of those who suffer from discrimination based on their sexuality.

I would like to acknowledge some of the blockers to this coming reality that were raised by Senator Simms in his contribution. One of those is what the government has put forward: having a plebiscite. I understand there was a Senate inquiry and that Senate inquiry show very clearly, among other things, that it would cost some $160 million of taxpayers' money to have a plebiscite when 70 per cent of the Australian community have already said that they want marriage equality. It is not a practicality; it is simply impractical to go down that pathway. We can get on and do this now. In fact, a lot of people—people who are perhaps not particularly interested in the institution of marriage—say to me, 'I just wish Australia would get on and do it. I just wish Australia would pass this legislation and get on with it.' That is really the attitude of a lot of people. They want us to move with the times and end this discrimination.

I conclude my remarks there. I would also like to acknowledge that, yes, it was the Tasmanian parliament that passed marriage equality laws. I congratulate Lara Giddings and Nick McKim for the work they did in that. But, yes, it is a federal piece of legislation, so it is up to us here to make it happen and I think now is the time that we should do that and support marriage equality in Australia.

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