d) Family, relationships and marriage

Return

Standing before history's judge

This address was given at a state same-sex marriage legislation forum at the Newtown Hotel in Sydney on May 1st 2005.

Last year’s federal same-sex marriage ban changed the landscape of Australian LGBT human rights forever.

1. It sparked a mainstream debate on marriage equality for the first time in Australian history.

This debate was negative framed and cut short by the ban, but it opened the eyes of many people, including myself, to the need for marriage reform.

It showed us the injustice faced by those same-sex couples married overseas who return to Australia only to have their matrimonial rights tripped away from them when they walk through customs

It showed us how the far right idealises heterosexual marriage as a way not only to oppress LGBT people, but to re-introduce into public debate highly conservative ideas about parenting and gender roles.

It showed us that many LGBT people, particularly in rural and regional areas, and in ethnic communities, deeply value the social acceptance that comes with the right to marry.

Most of all it showed the great gains that could be made if the debate could be framed in a positive way.

To give just one example, in the wake of the passage of the federal same-sex marriage ban I was interviewed by Sydney radio host Stan Zemanek. He used the issue to hammer the LGBT community and its representatives.

In the wake of the introduction of Tasmanian same-sex marriage legislation Zemanek interviewed me again. He was still sceptical, but this time willing to explore the issues.

The difference? – the debate had shifted. It was now the LGBT community that was on the front foot, making a positive case for change.

2. Inadvertently the ban created an opportunity for such a debate.

By clarifying that national marriage law is only and exclusively for different sex couples, the federal government opened up the possibility for state same-sex marriage legislation.

This view has been championed by Prof George Williams.

Not everyone agrees with Prof Williams, but what clinches it for me is that his views are corroborated by academics I trust, people like ANU sexuality law lecturer Wayne Morgan and Melbourne University law professor Kris Walker – people who helped the Tasmanian LGBT community achieve immense legal and social change with UN and High Court cases and with detailed advice about local law change. They know their stuff.

The opportunity that the fed govt opened up has now been seized with the introduction of state same-sex marriage legislation in Tasmania.

The goal of this move is not to have legislation pass immediately. Both major parties are opposed to reform. The goal is to spark a mature debate by sending the legislation to a parliamentary inquiry.

In Tasmania we call this legislative activism and it is how all of the state’s ground breaking reforms have been achieved.

There’s no reason to believe marriage will be any different. In other countries where legislation has been introduced and a debate sparked, support for reform has inevitably increased. The same will happen in Australia.

3. Most importantly, last year’s same-sex marriage ban put all LGBT human rights up for grabs.

The marriage ban was this country’s first experiment in new US anti-gay style electioneering.

This electioneering is about corralling socially conservative voters in key marginal seats, putting Labor on the back foot and either splitting it or making it look like conservative lite.

It worked for the Howard Government and now state conservatives are desperate to mimic that success.

First cab off the rank was the WA Liberal Party which went to February’s state election with a promise to roll-back existing reforms like age of consent, and same-sex couple access to adoption and the Family Court.

There are indications that Tasmania’s conservatives plan to do the same with the state’s ground breaking Anti-discrimination Act

NSW conservatives are testing the waters with an issue that US conservatives are riding high on, discussion of homosexuality in schools.

For how long is the LGBT community going to sit back and let this cynical electoral strategy erode the rights we already have?

State same-sex marriage, while always important in and of itself, is also an issue with which the LGBT community can out manoeuvre the wedgers.

Marriage reform will absorb the anger of wedgers and benefit from the public debate that anger inspires. It will also distract them from attacking existing reforms, and immediately mainstreaming these reforms.

If socially conservative MPs are determined to get indignant on LGBT issues let it be on an issue that will benefit from this indignation, not on one that will suffer.

History has issued us a challenge us a challenge. We can ignore that challenge because it’s too hard. We can make excuses about this being the wrong time, the wrong place, the wrong issue, and we the wrong people.

But not the Tasmanian Gay and Lesbian Rights Group.

We believe there’s never been a better time to campaign for m equality.

When we stand before history’s judge and she asks did you do all you could do we will answer yes.

Will you?

Rodney Croome
May 1st 2005.


[ Email This Article ]

Return

 

Comments

Pleased to meet you Rodney
I am not of the domination of same sex relms but I do hold the faith that one day same sex marriage and all legalities that go with ssc will be made legislation and manditory that all dominations ssc or hsc will be free to marry and have children by which means as deemed possible to come true for so many people in this world of ours.
I am studying contentious issues at Uni for legal studies and have an essay to do on the ban on ssm. i am finding that there are many articles on the ssm issue but not on the ban or the ramifications of the ban

are you able to help or do you not feel that it is right for you to help change the legal standing at grass root level. two voices could gather to thousands millions


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