Policy
Why equal marriage rights?
Thousands of same-sex couples in Australia wish to marry, but currently the law prevents them from doing so. They want to tie the knot for the same reason as straight couples – to publicly celebrate, with family and friends, their love for each other.
That shared love is equal to and no less worthy of legal recognition than the love shared by heterosexual couples. There is no justification for discrimination.
Many countries have woken up to this, but sadly Australia still supports inequality. In 2004 the federal parliament banned same-sex marriage, including the recognition of all same-sex marriages entered into overseas.
Our decision makers appear beholden to a small group of religious conservatives. But marriage in Australia is a secular institution and therefore arguments based on religion have no place in this debate.
Equal marriage rights would help to build community acceptance of lesbian and gay people and challenge homophobic views. The federal government, by opposing same-sex marriage, is effectively sanctioning homophobia.
Why not settle for civil unions?
Some people believe same-sex couples should ask for civil unions instead of same-sex marriage. But the Equal Love campaign firmly believes that there is no substitute for marriage equality.
If Australia establishes a national civil union scheme instead of removing marriage discrimination, we would be entrenching the second-class status of same-sex couples, opening them up to greater discrimination, and defying a global trend towards full legal and social equality.
Research from the United States and Britain shows that employers and insurance companies often fail to recognise civil union partners, refuse to grant them their legal entitlements, or find other ways to discriminate against them.
Overseas court decisions weighing up the benefits of civil unions and marriage equality have pointed to the lower social status of civil unions, and their failure to meet basic standards of legal equality. As a result the push is on, from Sweden to Vermont, to abolish civil union schemes and allow same-sex marriage instead.
Ten arguments for marriage equality
1. Discrimination is not acceptable
Many same-sex couples wish to marry. They want to do so for the same reasons as opposite-sex couples. There is no compelling reason why the Marriage Act should continue to discriminate against us on the basis of our sexual orientation or gender identity. There is no place for such discrimination in a modern, tolerant Australia.
2. Equality would challenge homophobia
The same-sex marriage ban says loud and clear that it’s acceptable to exclude lesbian, gay, bisexual, transgender and intersex people and that our relationships are inferior. Marriage equality would challenge homophobic forces in this country, and lead to social acceptance of LGBTI people.
3. Other countries have marriage equality
The number of countries allowing same-sex marriage is rapidly growing, and now includes Belgium, Canada, the Netherlands, Norway, South Africa, Spain and Sweden, as well as parts of the United States. Many Australian same-sex couples have tied the knot in these countries, but their marriages aren’t recognised upon their return.
4. Marriage equality would harm no one
Marriage equality would bring great happiness to many thousands of same-sex couples, their family and their friends, yet it would harm no one. Ideas that it would lead to the disintegration of society have no merit, and are based on the myth that homosexuality is a lifestyle choice and must be discouraged.
5. A majority of Australians support it
A Galaxy opinion poll conducted in June 2009 showed that 60 per cent of Australians support same-sex marriage, and just 36 per cent oppose it. Two other previous polls provided similar results. There is clearly a popular mandate for the government to end the discriminatory same-sex marriage ban. Full poll results.
6. You’re resisting the tide of history
The Australian Government is resisting the tide of history. Young people overwhelmingly favour change. The main resistance to equality comes from older generations. One senior government minister has described the movement for marriage equality in Australia as “unstoppable”.
7. Marriage must evolve with the times
The idea of marriage as an unchanging institution does not hold up to historical examination. Traditionally, marriage laws treated wives as the property of their husbands, and prohibited inter-racial and inter-religious unions. It has evolved with the times. If marriage is to remain relevant in Australia, it must be expanded to permit same-sex unions.
8. Our laws shouldn’t be based on religion
Australia is a secular society, and marriage under the Marriage Act is a civil institution. Therefore, religion shouldn’t dictate who is and isn’t entitled to marry. It is also worth noting that many religious adherents support same-sex marriage, and some are themselves in same-sex relationships.
9. Our relationships are no different
Same-sex relationships are not qualitatively different from heterosexual relationships. Therefore, they shouldn’t be treated differently under the law. Gay men and lesbians are no less capable of forming loving, committed relationships than their heterosexual counterparts.
10. Automatic recognition is important
For many same-sex couples, automatic recognition of their relationship is important — both in a legal and social sense. They should not be required to show that they are living together, share bank accounts, have a sexual relationship and so on in order to prove their status as a couple.