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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-06-17 Daily Xml
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Marriage Equality

The Hon. T.A. FRANKS (17:14): I move:

That this council—

1. Supports marriage equality; and

2. Calls on the parliament of the Commonwealth of Australia to amend the Marriage Act 1961 to provide for marriage equality.

We are not so 'dearly beloved' in this chamber today, but we are gathered here to witness the debate in our nation. I truly hope that those who have spoken long and loudly in support of spurious efforts, I believe, to deny a couple the right to wed will then forever have to hold their peace sometime soon. I know in this place that we do have a difference of opinions, and I do look forward to those opinions being put forward in a debate and taking this motion to a vote.

Bring on the marriage equality debates I say, because if this issue has shown one thing, it is that debate changes opinions—and changes opinions in support of marriage equality. It dispels the misconceptions if we have the debate. The misconception that marriage is just a religious matter has long been dispelled. As we know, not all religious leaders oppose marriage equality; some would welcome it in their congregations. In fact, some of those religious leaders in this state marry other couples each and every weekend, yet cannot marry each other. It also dispels the myth that the creation of a family is what marriage is about. Well, we know that not all families see children born in wedlock, and we also know that not all couples who marry want to, or desire to have children.

We know that in the past it has been said that this debate would be changing the institution of marriage. Well, the institution of marriage has long changed to suit the culture and the society in which those marriages are performed. We do not have prohibition on interracial marriages in 2015 in Australia I am proud to say, but not so long ago it would have been not the thing for a black man to marry a white woman, or vice versa. We know that once upon a time, in my mother's time, it would have been unheard of for a Catholic to marry a Protestant—yet that would rarely raise an eyebrow these days.

The other idea that marriage is somehow an immovable institution is most obviously shown to be a false contention by the fact that in 2004, in this country, then prime minister Howard changed our marriage act to specifically deny same-sex couples the right to marry. He did so because same-sex couples were getting married overseas and coming back and seeking to have those marriages—quite rightly, I believe—recognised under Australian law.

Churches have the right to marry who they see fit, and they will continue to do so. Marriage equality will not restrict the right of any church to deny a marriage that is sought by that particular church. It will also empower those churches, such as the Quakers, to marry people that they so choose. Marriage equality will not see the sky fall down; it will see the sun rise tomorrow, and the only thing that will be changed if we allow same-sex couples to marry is that some same-sex couples will get married.

I commend those in the federal parliament who are currently actively putting forward bills on this issue to recognise marriage equality. Most recently, we have seen a Liberal Democrat senator put this issue firmly and squarely back on the agenda and then a Greens bill, and now a Labor bill.

I do not agree with the Prime Minister on many things, but I do agree with his words that it would be great to see a parliament bill: a cross-party bill brought to the federal parliament this year and voted on with a free vote. Yet, the Prime Minister has yet to allow that free vote, and I know that Liberals around the country would urge him to allow that free vote, and I would hope that in this debate here in this council we can show whether or not Liberal members of this council are willing to support a free vote and also marriage equality. I believe some of them will.

I note that it is not so long ago that the Labor Party did not have a free vote on this issue. When former backbencher and now minister, Ian Hunter, and I cosponsored a bill in 2010 for marriage equality, the honourable member, Ian Hunter, was able to cosponsor that bill, but under former premier Rann was not necessarily able to vote for that bill. Things have changed in the Labor Party and I welcome that. I know that it is something that many in the Liberal Party have spoken out about and certainly members such as Warren Entsch, and in South Australia Senator Simon Birmingham, have been strong and proud advocates for marriage equality.

When those politicians do speak out they should know that they are not alone, that the numbers in the community are growing stronger by the day, and that across Australia thinking, caring people, no matter their sexuality, no matter their religion and no matter their background or age, are increasingly supporting marriage equality. They are questioning the successive Howard, Rudd/Gillard and then Rudd rebooted efforts to quash this debate, and the Abbott government, in continuing to deny a full debate on this issue, will stand on the wrong side of history.

Those Australians number in the majority as 72 per cent of Australians now support marriage equality according to last year's Crosby Textor survey of 1,000 Australians. That is the highest level, and the numbers continue to grow. The survey shows a majority of support in every demographic including people of faith, people in regional and rural areas, and older people. While the Australian government does not recognise same-sex marriages entered into overseas or allow same-sex marriages to be performed within this country, many Australians are saying it is time we said resoundingly 'We do.'

It is a question that has been asked and answered in many other countries. In the Netherlands in 2001 they said yes to marriage equality, Belgium in 2003, Canada provincially in 2003 and then nationally in 2005, and Spain, South Africa, Norway, Sweden, Mexico City, Portugal, Iceland, Argentina, Uruguay, New Zealand, France, Brazil, England, Wales, Scotland, and Luxembourg. We know many other countries continue to consider and are on the verge of also moving towards marriage equality. Many states of the United States of America have accepted this. They have had the debate and yet it is a question we still have yet to answer in the affirmative in this country.

This issue has been on the political agenda and the parliament's agenda since 2004 when John Howard moved to diminish the human rights of same-sex couples who had married overseas. At that time my former boss and someone I am proud to call a friend, Senator Natasha Despoja, with former senator Andrew Bartlett, was the first to move a bill in the federal parliament specifically to legislate against this discrimination. I note that she was then in the minority, not only in the parliament, but in the community.

In fact, in 2010 on ABC radio she was out of step with her own husband, Ian Smith, who at that time opposed marriage equality. He stated it was on the grounds of religion. I am informed by Natasha—and I sure that Ian would be happy to confirm this—that he now strongly advocates for same-sex marriage and marriage equality. Other notable people, such as former Victorian premier Jeff Kennett, have shown that many of our political leaders have had a bit of a 'road to Damascus' on this issue.

When we bring on the debate it changes minds and it will recognise what is in the hearts of those same-sex adult consenting couples who simply wish to get married to the person they love. I know that many in the National Party and Liberal Party can be counted on in support of the ranks of those who support marriage equality. I am calling on the Liberal Party to show support for those members of their parties who wish to have a free vote to have that free vote and to have their opinions noted in this council on whether they support marriage equality or not. I urge all members to support this motion.

It is time for political courage to be shown. It is time for this issue to be taken out of the hands of backroom brokers in all political parties. It is time for these irrational policies of the past to be consigned to the dustbin of history. The Greens have been there; every member, every vote, every time. We will again and again vote for this issue until we win. We know it is the right thing to do, and we look forward to members of parliament on the right of chambers of parliaments across this country joining us in support of marriage equality.

We know the numbers in the community are there; I believe the numbers in the parliaments are there if they are given a free vote. The only thing that will change if we support marriage equality is that we will have marriage equality. I look forward to that day, when we stand in solidarity and definitely on the right side of history. With that I commend the motion to the council.

Debate adjourned on motion of Hon. J.S. Lee.

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