Let conscience rule on gay marriage

Blog Post | Blog of Sarah Hanson-Young
Tuesday 2nd August 2011, 10:06am

It's been a bit of a Bizzaro World in Australian federal politics in recent weeks.


First we had the opposition saying they were concerned about the human rights of vulnerable people who will be expelled to Malaysia under the asylum seeker people-swap arrangement. Opposition Leader Tony Abbott and immigration spokesman Scott Morrison were borrowing the same language about compassion and protecting fragile people that me and my fellow Greens have been using for years.


Then last week, an ALP backbencher, John Murphy, the Member for Reid in western Sydney, was quoted as saying ALP members who support marriage equality should join the Greens. I tweeted a hyperlink to the ''join us'' section of the Greens' website and while I appreciate the plug he gave my party, I would rather both major parties also stood up for true equality. No Australian should be treated as a second-class citizen simply because of the gender of the person they're in love with. The fight for marriage equality should be above party politics, which is a vital reason to give members of parliament a conscience vote on the matter.


Mr Murphy's remarks were a backhanded compliment that demonstrated the Greens have been leading the political debate to ensure marriage equality, but it is everyday Australians who are leading the real charge for change. Mr Murphy also claimed that when MPs report to the parliament on August 24 on the views of their constituents about same-sex marriage, most will say Australians are opposed to changing the Marriage Act. That act has since 2004 explicitly said marriage is between a man and a woman, an amendment introduced by the former Howard government.


The Greens maintain, and a majority of Australians surveyed recently agreed, that it's ''inevitable'' the act will be changed and same-sex marriages will happen in Australia. We are striving to achieve it in this term of parliament. Doing so will bring Australia into line with countries such as Catholic Spain, South Africa, Canada and US states including New York, which have already changed their marriage laws. The recent celebrations in New York city by happy couples getting married shows that sky has not fallen in on those places, and it won't in Australia when the act is finally changed. The Greens have a bill before parliament to achieve this and have urged the major parties to back it.


Mr Murphy also said he wanted a referendum on same-sex marriage, but there is no constitutional change required to amend the Marriage Act. It's simply a legislative change, so an enormously expensive and cumbersome referendum isn't needed. We advocate that Prime Minister Julia Gillard and Tony Abbott should let MPs and Senators have a free vote and the freedom to vote for what their community wants. Consenting adults should be able to marry whomever they love, and the major parties should not block a conscience vote in parliament.


In the meantime, same-sex couples who want their relationships to be counted in the upcoming national population snapshot, the Census, can use the form to indicate their relationship status. While there is no official option for indicating sexuality, couples can tick husband or wife, even if they are of the same gender. The census also has a question on marital status, specifically referring to registered marriages.


Sadly, same-sex couples who have tied the knot overseas are not recognised by the Australian government. The Greens and others will keep fighting for marriage equality in the hope that by the next Census, in 2016, all consenting adult couples can have their marriages recognised in Australia.


First published in The National Times on August 2, 2011.

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