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<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2017-02-15" />
  <sessionName>Fifty-Third Parliament, Second Session (53-2)</sessionName>
  <parliamentNum>53</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="6003" />
  <endPage num="6067" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Motions</name>
    <text id="20170215e9024ba1bd894fb990000768">
      <heading>Motions</heading>
    </text>
    <subject>
      <name>Marriage Equality</name>
      <text id="20170215e9024ba1bd894fb990000769">
        <heading>Marriage Equality</heading>
      </text>
      <talker role="member" id="4363" kind="speech">
        <name>The Hon. T.A. FRANKS</name>
        <house>Legislative Council</house>
        <startTime time="2017-02-15T17:52:00" />
        <page num="6058" />
        <text id="20170215e9024ba1bd894fb990000770">
          <timeStamp time="2017-02-15T17:52:00" />
          <by role="member" id="4363">The Hon. T.A. FRANKS (17:52):</by>  I thank all members who have made a contribution. A majority of members of this chamber have gotten up and spoken and told the people of South Australia what they believe about this particular issue. I thank you for that, and I thank you for the fact that this chamber, this council, while I do not believe it is D grade, will be showing up the federal parliament, because we will be taking this matter to a vote—something the politicians are elected to do. Regardless of whether or not we disagree with each other, we are put in the parliaments to exercise our votes. That is the principle of representative democracy, for which reason we are here.</text>
        <text id="20170215e9024ba1bd894fb990000771">I wish to address, firstly and unsurprisingly, the amendment to my motion put by the Hon. Tung Ngo. In echoing his colleague minister Hunter's words, I believe he does so from a place of wanting to find a compromise, but he also does so from a place of a lack of information. He says that this is a deeply divisive issue in the community. It is a deeply divisive issue in parliaments across our country, but I doubt that 72 per cent (and rising) of Australians supporting an issue is a deeply divisive community issue.</text>
        <text id="20170215e9024ba1bd894fb990000772">That is a 2015 figure from a Crosby Textor survey. As I say, it continues to rise. That survey showed a majority of support in every demographic that was surveyed, including people of faith, people in regional and rural areas, and older Australians. While Australian governments do not recognise same-sex marriages, the people of Australia are supporting this coming into practice.</text>
        <text id="20170215e9024ba1bd894fb990000773">The other area on which I had grave concerns regarding the representations made by the Hon. Tung Ngo was his claim that not one person had expressed that they disagreed with his position. I urge him to open an email he was sent yesterday from a coalition of groups, signed by: Australians 4 Equality Co-chair Tom Snow; Alex Greenwich, Co-chair, Australian Marriage Equality; Chris Pycroft, Co-convenor, New South Wales GLRL; and Anna Brown, Director of Advocacy at the Human Rights Law Centre. It is also signed by Andrew Birtwistle-Smith, the Chair of the South Australian Rainbow Advocacy Alliance. These groups represent many thousands of Australians who oppose the Hon. Tung Ngo's attempt at what he sees as a solution and this amendment. It goes on to read:</text>
        <text id="20170215e9024ba1bd894fb990000774">
          <inserted>As representatives of the LGBTQ community directly affected by these reforms we are deeply concerned that this amendment indicates that 'gay marriage' should be treated differently from other marriages under law. We strongly believe our relationships and commitments should not be seen as different or having less value under Australian law.</inserted>
        </text>
        <text continued="true" id="20170215e9024ba1bd894fb990000775">While he might not have heard from one person, he has heard from representatives of many thousands of people opposed to his amendment.</text>
        <text id="20170215e9024ba1bd894fb990000776">I go on to note that the Hon. Tung Ngo chose to quote a gay member of parliament, Tim Wilson, a former voice in the human rights debate but now in our federal parliament. I note that he described the MP as 'openly gay'. I have never heard anyone in this place declare that they are openly straight or openly queer or openly bisexual, but somehow it is important that Tim Wilson is openly gay. The reason that is important is that it had to be closeted for so many decades and centuries.</text>
        <text id="20170215e9024ba1bd894fb990000777">In the fourth century, one couple that had to closet themselves away, but not for their same-sex attraction, were the saints Sergius and Bacchus. They were high up in the Roman military, they had to keep their Christianity secret and they were married to each other. Sergius and Bacchus both died for their Christianity and continue to be seen as martyrs and saints in various Christian religions. Over 30 Christian and Jewish religious groups in this state have signed off on letters to parliamentarians, and they have called on us before to support marriage equality.</text>
        <text id="20170215e9024ba1bd894fb990000778">More recently, a person who did not sign that particular letter a few years ago, Pastor Brad Chilcott, actually left his religion due to their stance in support of marriage equality. I commend him for that move. I also note that for over a decade the Quakers have made Senate submissions and made very public that they want to be able to marry members of their own congregation. When you talk about religious freedoms, there are two sides to that particular coin. When you say there are two sides to the coin of the marriage equality debate, you talk about gay and straight. There is not just gay and straight.</text>
        <text id="20170215e9024ba1bd894fb990000779">You have completely denied the reality and the lived experience of trans-people in your amendment. Many trans-people in this state have been married to each other but have not been able to have their gender reassignment recognised because they do not want to give up the person they love for the person they know they are. We have overcome that in previous months in this place. You have just denied the reality of their existence with your amendment for gay marriage.</text>
        <page num="6059" />
        <text id="20170215e9024ba1bd894fb990000780">This is not an issue that is easy for many people, because change is not easy, but we have seen marriage change so much in terms of what you have referred to here as 'traditional marriage'. I am certainly very glad that women are no longer chattels in marriage. I am very glad that an Aboriginal person can marry a white person in this country and that a black person can marry a white person in this country and nobody blinks an eye.</text>
        <text id="20170215e9024ba1bd894fb990000781">Once upon a time, it would not have been under the law. I am very glad that a Protestant and a Catholic can marry in this country. Again, once upon a time that would have caused great concern. A divorcee, as they used to be called, can now marry. A person can divorce with no fault, rather than having to prove fault.</text>
        <text id="20170215e9024ba1bd894fb990000782">These are all great advances in what we call marriage, and if you want to talk traditional marriage, well, I am going to stick to my fourth century saints, who were martyrs in the Christian religion, and honour the love of Bacchus and Sergius. With those few words, I oppose the amendment of the Hon. Tung Ngo, I support the amendment of the Hon. Stephen Wade and I urge members to support the motion.</text>
        <text id="20170215e9024ba1bd894fb990000783">The Hon. T.T. Ngo's amendment negatived; the Hon. S.G. Wade's amendment carried.</text>
      </talker>
      <division>
        <text style="text-align: center;" id="20170215e9024ba1bd894fb990000784">Ayes&amp;#x9;11</text>
        <text style="text-align: center;" id="20170215e9024ba1bd894fb990000785">Noes&amp;#x9;6</text>
        <text style="text-align: center;" id="20170215e9024ba1bd894fb990000786">Majority&amp;#x9;5</text>
        <text id="20170215e9024ba1bd894fb990000787">
          <table>
            <rowtitle>
              <cell colspan="3">AYES</cell>
            </rowtitle>
            <row>
              <cell>Darley, J.A.</cell>
              <cell>Franks, T.A. (teller)</cell>
              <cell>Gago, G.E.</cell>
            </row>
            <row>
              <cell>Gazzola, J.M.</cell>
              <cell>Hunter, I.K.</cell>
              <cell>Maher, K.J.</cell>
            </row>
            <row>
              <cell>Malinauskas, P.</cell>
              <cell>Ngo, T.T.</cell>
              <cell>Parnell, M.C.</cell>
            </row>
            <row>
              <cell>Vincent, K.L.</cell>
              <cell>Wade, S.G.</cell>
              <cell />
            </row>
          </table>
        </text>
        <text id="20170215e9024ba1bd894fb990000788">
          <table>
            <rowtitle>
              <cell colspan="3">NOES</cell>
            </rowtitle>
            <row>
              <cell>Brokenshire, R.L.</cell>
              <cell>Hood, D.G.E.</cell>
              <cell>Lee, J.S.</cell>
            </row>
            <row>
              <cell>Lucas, R.I.</cell>
              <cell>Ridgway, D.W. (teller)</cell>
              <cell>Stephens, T.J.</cell>
            </row>
          </table>
        </text>
        <text id="20170215e9024ba1bd894fb990000789">
          <table>
            <rowtitle>
              <cell colspan="3">PAIRS</cell>
            </rowtitle>
            <row>
              <cell>Kandelaars, G.A.</cell>
              <cell>McLachlan, A.L.</cell>
              <cell>Lensink, J.M.A.</cell>
            </row>
            <row>
              <cell>Dawkins, J.S.L.</cell>
              <cell />
              <cell />
            </row>
          </table>
        </text>
      </division>
    </subject>
  </proceeding>
</hansard>