Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 December 2019.)

The Hon. I.K. HUNTER (12:05): I rise today to speak briefly to the Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Bill and indicate that I am the lead speaker for the opposition on the bill. I suppose I should declare an interest, in that having been married in Spain to my husband on 19 December 2012, I may have an interest in this legislation passing.

The Hon. M.C. Parnell: In common with many others.

The Hon. I.K. HUNTER: In common with many others in the state, of course. It is not a special interest, I am sure. Labor will be very pleased to be supporting this bill. I am advised it is a non-controversial and largely technical bill. It replaces gendered language in 19 acts with gender-neutral language. No-one, I believe, should have any significant concerns around things like changing the words 'husband' or 'wife' to 'spouse'. The changes contained within this bill are required following the federal government legalising same-sex marriage, I am advised.

The public debate around same-sex marriage was at times uplifting and at other times pretty vile and disgusting. The toxicity of the debate at the time was compounded by the postal survey that never really needed to happen. But, ultimately in the end, love won. Millions of advocates gave hope to those the law discriminated against because of whom they loved, and record numbers of people enrolled to vote so they could support the long overdue change of law. The debate saw many ‘Yes’ advocates find a public voice for the first time, and those voices were empowered by the millions who stood with them.

People of course deserve equal rights to marry those they love regardless of gender or how they identify and, because equality has triumphed in that postal vote and subsequent federal legislation, same-sex couples across Australia now can. So it comes to us as a state to modernise our legislation to ensure there are no inconsistencies that might occur with our outdated language around marriage in our legislation.

Mr President, it is worth noting that the federal constitution, of course, would override any such state legislation that was inconsistent, as federal provisions, I am advised, would succeed over the state provisions, but you know more about that than I would, sir. I understand that in this instance that would likely apply here if there ever was an inconsistency that needed to be tested. So these changes really are inevitable and irresistible and are a natural development from what happened in the commonwealth.

I would like to conclude my contribution by saying that Labor is proud to support this bill. I commend it to the chamber even though it is long overdue.

The Hon. C. BONAROS (12:08): I, too, rise to speak, on behalf of SA-Best, in support of the Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Bill 2019 and am proud to do so. The changes contained within the bill are required following the federal parliament's legislation of same-sex marriage at the end of 2017. The bill makes basic, mostly technical changes or changes to terminology and other updates to marriage-related provisions across 19 state acts that have been identified as requiring updating.

The passage of the marriage equality legislation came after a long and tortuous road to get there, including a scuttled plebiscite and the marriage survey that we had to have, because former prime minister Turnbull was beholden to the extreme right of his party. He used every opportunity to delay and thwart marriage equality, despite overwhelming support amongst Australians.

To the members of the LGBTIQ community, I say sorry to you, your partners and your families, who had to endure the pain of that completely unnecessary pathway to achieving marriage equality. It was the result of weak politicians, too frightened by a tenuous majority, rather than having the fortitude to do the right thing and simply legislate for marriage equality, given that the marriage power already exists in the commonwealth constitution.

In the end, the wonderful Australian spirit won—in spite of the divisive campaign during the marriage survey—with 62 per cent of Australians nationally, or 7.82 million, yes voters, ensuring a resounding positive response. I pay my respects to those in this chamber and those federally who campaigned to ensure that the result would be yes, but especially to every person who letterboxed, doorknocked, called and attended rallies across the nation to achieve that positive result.

Data released from the Australian Bureau of Statistics just this week shows that in 2018 a wonderful 6,538 same-sex couples married across the nation. I congratulate them and wish them well. It is wonderful to see so many people celebrating marriage. Love recognises no barriers: it jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope. With the commencement of the Marriage Amendment (Definition and Religious Freedoms) Act on 9 December 2017, we have finally arrived at our destination of hope. With those words, I too support the bill and commend it to the chamber.

The Hon. R.I. LUCAS (Treasurer) (12:11): I thank honourable members for their contributions and indications of support for the second reading.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (12:13): I move:

That this bill be now read a third time.

Bill read a third time and passed.