When Malcolm Turnbull delivered the Michael Kirby Lecture in 2012, he concluded by toasting his "old friend ... who may, indeed, one day be able to marry his prince".
Today, the former High Court judge says he would rather keep waiting than endure a public postal vote on whether he can wed Johan van Vloten, his partner of 50 years. Both say they will boycott the process entirely.
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Justice Kirby, 78, lashed out at the "Mickey Mouse" postal proposal, which said was "completely unprecedented", disrespected the Australian people and discriminated against marginalised voters.
He agreed with Mr Turnbull's views from 1997, before the republic referendum, that a postal ballot "flies in the face of Australian democracy".
![Former High Court judge Michael Kirby has criticised the Coalition's same-sex marriage plebiscite plan.](http://web.archive.org./web/20170811173323im_/https://www.fairfaxstatic.com.au/content/dam/images/g/x/s/f/2/p/image.related.articleLeadwide.620x349.gxsfcf.png/1502352878277.jpg)
"My friend Malcolm Turnbull was much better in those days," Justice Kirby told Fairfax Media on Wednesday.
"I like Malcolm Turnbull, and I think this must be very painful to him. He's got to really look at what the pages of the history books of Australia will show about him.
"A little bit of leadership on this issue - where he speaks from the heart and speaks in terms of ideas of equality and the dignity of all people - is what is required of him now."
Justice Kirby, famous for his dissenting opinions over 13 years on the High Court, delivered a scathing judgment on the Turnbull government's voluntary postal vote, in which the Australian Bureau of Statistics will survey the public using Australia Post.
!["My friend Malcolm Turnbull was much better in those days": former High Court judge Michael Kirby, right.](http://web.archive.org./web/20170811173323im_/https://www.fairfaxstatic.com.au/content/dam/images/g/x/s/m/2/c/image.related.articleLeadwide.620x349.gxsfcf.png/1502340746896.jpg)
"It's unscientific, it doesn't conform to the rudimentary requirements of polling," he said. "It has never been attempted ever in the making of laws in Australia. It doesn't even have the merit that a plebiscite had of a national compulsory vote, which has at least been done once."
To that end, Justice Kirby predicted a high number of gay and lesbian voters would boycott the postal vote.
On Thursday morning, he confirmed he would not participate in the postal vote. He also said his partner Johan was "shocked by the events of the last week".
Justice Kirby would not offer his view on the legality of a postal plebiscite, citing an impending High Court case.
Speaking by telephone from the Northern Territory, Justice Kirby said the "non-binding, non-determinative, non-compulsory" postal vote would be particularly difficult for rural communities where communication services were lacking.
In addition, a higher proportion of young voters are likely to be living away from their address on the electoral roll.
"Certainly a lot of people will miss out. I think this is a very bad step and a very bad direction," Justice Kirby said.
He was also fearful of the negative campaign that would be unleashed on young LGBTI people, who were already more vulnerable to suicide and mental illness.
"This [campaign] will touch young gay people very closely and will reinforce feelings of low self-worth and feelings their community hates them," he said.
Justice Kirby said he was particularly incensed by inflammatory commentary on programs such as Sky News' Paul Murray Live.
"Seeing the hate in the attitudes and expressions of participants ... really is a surprise and a disappointment to me as an Australian citizen," he said.
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