Senate debates

Thursday, 12 November 2015

Bills

Marriage Equality Amendment Bill 2013; Second Reading

9:31 am

Photo of Robert SimmsRobert Simms (SA, Australian Greens) Share this | Hansard source

The Marriage Equality Amendment Bill 2013 aims to end discrimination under the Marriage Act by finally legislating for marriage equality in this country. It has been a long road to equality for same-sex couples, but the time has well and truly come for the parliament to resolve this matter and to recognise that love does not discriminate, and neither should our law.

When my colleague Sarah Hanson-Young first put this bill to the parliament back in 2008 on behalf of the Greens, momentum for marriage equality was building in this country. Since that time, momentum has continued to build. We had an opportunity then for Australia to be leaders, to support the growing international movement for equality. But now, unfortunately, we are on the wrong side of history, with countries like Ireland and the United States this year joining the mounting list of nations around the world in support of marriage equality. We are not just at risk of lagging behind; we are well and truly behind, and we need to catch up. Indeed, I note that, on Monday, Australia was subject to some criticism, and rightly so, on the international stage when members of the 23rd session of the Human Rights Council's Universal Periodic Review considered Australia's human rights record. Iceland, Ireland and the Netherlands all identified the need for Australia to take action on this issue, and they did so in their reports.

This parliament is severely lagging behind the international community. It is also lagging behind the community that we are elected to represent. Poll after poll shows that this reform enjoys not only majority support but support from a sizeable majority of the community here in Australia. Indeed, 72 per cent of Australians support marriage equality, according to the latest Crosby|Textor poll. Year after year, poll after poll shows that Australians support this. As thousands continue to march for equality in our nation, it is clear that this movement will not be silenced. The community is looking to the parliament to take action, it is looking to the parliament to legislate for this reform, and it is in our power to do so.

That is why this insistence that we need a plebiscite is so frustrating and, quite frankly, insulting to gay, lesbian, bisexual and transgender people in our country and their families and friends. John Howard did not need a plebiscite back in 2004, when he legislated to make it expressly clear that marriage could only be between a man and a woman. At that time, I did not hear conservatives up in arms, taking to the airwaves, jumping up and down and saying that this issue was so fundamental to democracy in our country that we needed a plebiscite, that it was so complex we needed to have a hugely expensive opinion poll to deal with the matter. Yet, apparently, when we are looking at removing discrimination, when we are looking at getting rid of that kind of homophobia, the matter is so complex that it needs to go to some kind of plebiscite. Apparently, it is in the too-hard basket, and it is too complex for this parliament to deal with matters of discrimination and love in that way. We do not accept that. What a slap in the face that is to same-sex couples in this country, and what a slap in the face it is to all Australians who believe in fairness and equality.

We recently had a Senate inquiry looking into this matter of a plebiscite, and it found that it was going to be very costly and potentially damaging to members of the lesbian, gay, bisexual and transgender community. Indeed, it would cost almost $160 million to hold a plebiscite outside an election; that is the advice of the AEC. It would cost $160 million to ask a question we already know the answer to. At a time when there are huge demands on the national budget, can anyone seriously suggest that we should be spending more than $100 million of taxpayer funds on asking a question we already know the answer to? Do Australians support marriage equality? Mr Turnbull and Mr Morrison, the Greens can save you some money as you go to craft your next budget. The answer is yes. Yes, Australians do support this reform, and they want a vote in the parliament so that we can get it done.

The other thing that really concerns the Greens about this plebiscite approach is the implications for young same-sex-attracted people, and these were canvassed in the recent Senate inquiry. We should make no mistake: homophobia is still a big issue in our country. It is still a very big issue, and growing up dealing with those kinds of issues can be a difficult thing for young people here in Australia. It is an isolating time, and it is a very frightening time. I know; I have been in that position myself. The last thing I want is for other young people to go through that. The last thing I want is to see taxpayer money being spent on a divisive campaign against marriage equality—what, in effect, would become a state sanctioned, state funded hate campaign that would be levelled against gay, lesbian and transgender people, their families and their friends. Make no mistake: this is a campaign that would come.

There is a very small but vocal hate lobby in this country. They have a lot of money, and they are very good at creating a lot of misery and fanning the flames of unhappiness and division in this country. They peddle lies, they peddle misinformation, and they promote hatred and division. As an Adelaide city councillor, I experienced their wrath firsthand when, earlier this year, I dared to propose painting a strip of rainbow in the CBD to celebrate the 40th anniversary of the decriminalisation of homosexuality in my home state of South Australia—one would think a positive initiative that we should be celebrating. But, as a result of this proposal, I received some truly revolting hateful emails levelled at myself and my council colleagues. There were some utterly bizarre suggestions that rainbows are somehow dangerous to children—that the very exposure to a rainbow would somehow expose children to some form of post-traumatic stress. These kinds of absurd claims give clutching at straws a whole new meaning, but they are an example of the desperation of these groups and of the lengths that they will go to oppose marriage equality and to oppose progress in this country.

In the City of Marion, residents' letterboxes were bombarded with homophobic filth after the council voted to fly a rainbow flag over its chambers to promote the gay and lesbian festival that is coming up this week in Adelaide. This is the same kind of nonsense that for many years has tormented South Australians on the streets of Adelaide as they go about their daily business—the so-called street preachers who think that it is somehow okay to carry signs that equate homosexuality with murder and rape. They have even carried these signs at gay and lesbian festivals and events, standing with megaphones, shouting at people and berating them, and telling us that we are going to hell—ugly hate speech. Imagine what these kinds of bigots, these kinds of hate merchants, will do if they get their hands on taxpayer funds to run a campaign against marriage equality. Imagine what they will do. I am scared about the harm that this will cause. I do not want to subject young people to that.

Feast Festival, as I mentioned, starts this weekend in Adelaide, and it has been an ongoing part of the social calendar in my state. I remember attending my first ever Feast Festival, when I was in my early 20s, and I remember seeing those street preachers standing there carrying signs that said that gay men were akin to murderers and rapists. It is hard not to be wounded by that. Let us consider for a moment the kind of impact that that kind of thing would have on a young person who is scared or confused, dealing with their own sexuality. I do not want that kind of disgusting homophobia to go national. The human rights of the lesbian, gay and transgender community in this country should not be tied to a national opinion poll. It is wrong to do that. It is wrong to do that when we have the power to change the law without subjecting people to that kind of debate.

Of course, the truly sad thing about this debate is that we spend so much time talking about the process that we sometimes forget what this is all about. Ultimately, this should not be a discussion about complicated processes and procedures; it is a debate about love and equality. It is about real people, and it is about their stories. I am reminded here of my good friends Ben and Iain, who I have known for many years. In fact, I met my friend Ben when I was at university; we were at law school together. Their story is similar to that of many of straight friends that I know who are now married. Ben was working at JB Hi-Fi in Adelaide when he met Iain, who came into the store as a customer. I guess that it is fair to say that a romance blossomed and they developed a relationship. They have been through various stages in their lives together, and they are now living in Melbourne. More than 10 years on, they are, in all intents and purposes, like a married couple, but, of course, they cannot get married, and they are denied the opportunity to have their love and commitment celebrated before their friends and family. Certainly, over the last 10 years, I have been to many marriages of close friends, heterosexual friends, who have been able to get married. It is galling, when you see a couple like Ben and Iain, who are denied the same opportunity. There is no reason for this, other than brazen discrimination in this country. We need to do better than that. Why are we denying couples like Ben and Iain the opportunity to have their love and commitment celebrated in front of their family and friends? Why are we denying that in 21st century Australia?

This is not just an issue that impacts directly on those couples that want to get married; it is also a much bigger issue of fairness and equality in our country. I talked in my first speech about the experiences that I had growing up as a gay man. Since making that speech, I have received a lot of positive messages from young people talking about their own journey with sexuality. They told me that my sharing my experience helped them. So that is a reminder to me that the work that we do does have a positive impact. We can choose here in this place to send a message of love and hope by supporting marriage equality. And I know that that will have a big impact.

I am proud to be a member of a political party that supports marriage equality in this parliament. The Greens support marriage equality every vote, every time. I commend this bill, and I encourage the chamber to join with the Greens in supporting it so that we can finally make marriage equality a reality in this country.

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