SAME SEX RELATIONSHIPS (ENSURING EQUALITY) BILL 2004

24th May 04

Mr ORGAN (Cunningham) (1.11 p.m.) — I welcome the opportunity to present a bill for an act to ensure people in same sex relationships receive the same rights as people in heterosexual relationships in all areas of the law.

This simple, though powerful, bill delivers on a longstanding Greens policy—a policy which opposes all discrimination on the grounds of sexual orientation.

The Same Sex Relationships (Ensuring Equality) Bill 2004 relies upon section 109 of the Constitution to override all laws, both federal and state, that are clearly homophobic or discriminatory.

Specifically, this bill makes it unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on a person's sexuality which has the purpose or effect of nullifying or impairing the enjoyment or exercise of the person's public or private life.

To avoid doubt, this bill makes unlawful any distinction, exclusion, restriction or preference based on a person's sexuality as it relates to:

Marriage, adoption, superannuation, employment entitlements, access to reproductive or health services, and the lawful age of consent to sexual activity.

There is clearly no place for discrimination based on sexual orientation in our society.

This bill is timely for the public eye is once again upon this place over travel entitlements and the issue of personal relationships.

Hypocrisy and double standards are being exposed to the wider community.

There is no doubt, for example, that it is inequitable that the long-term same sex life partners of federal parliamentarians are denied access to spouse travel.

The rules need to be changed, and above all same sex life partner relationships in our society need to be recognised.

We have the present situation where same sex partners in our armed forces are actively discriminated against in areas such as housing, yet other federal government bodies such as the Australian Federal Police and the Department of Foreign Affairs and Trade do not discriminate.

I have been informed of lifelong partners being refused access to superannuation entitlements and pensions.

The discrimination is widespread.

Australia is a modern, diverse society.

Relationships are also diverse.

We, as federal parliamentarians, must recognise that diversity and reflect it in this place.

We must ensure that legislation made by this parliament does not discriminate against ordinary Australians.

That is our obligation, our civic duty.

And there is no doubt that present laws are discriminatory.

As a Catholic I abhor discrimination.

I also respect the institution of marriage.

And I see no conflict between my beliefs, the message of love for our fellow human beings which I received from my Catholic upbringing, and the bill before us.

I strongly believe that we should respect the right of individuals to a loving, lifelong relationship—whether they be heterosexual, homosexual, lesbian or transgender—regardless of their sexuality.

A relationship based on love and commitment.

For that is what this bill is all about—removing discrimination against those who may happen to fall in love, make a commitment to each other and decide to live in a relationship which in the past has been legally defined as marriage but which, in Australia in 2004, is much more diverse.

There is no doubt that this is a contentious issue in the community.

However, this bill is a piece of legislation arising out of compassion for our fellow Australians—Australians who are being unfairly discriminated against.

We must remove that discrimination.

It is the right thing to do.

Sure, there are those in the community who do not agree with same sex relationships.

There are also those in the gay, lesbian and transgender community who do not believe in marriage—just as there are in the heterosexual community.

But there are thousands of Australians who are suffering and being discriminated against, as I speak, because of the present outmoded and discriminatory laws.

You do not wait to ask slaves if they want to be free, Mr Deputy Speaker; you free them!

The times are changing, and more and more Australians are questioning the existence of discriminatory laws.

As a recent article in Tertangala, the University of Wollongong student magazine, pointed out:

Take a look at the common laws we follow. It is illegal to murder, steal, rape, commit fraud and so on. Ask yourself why they're illegal. The answer is simple. It is illegal to take life, steal, and violate other peoples' body in any way, because someone becomes a victim. We have these laws so that people do not become a victim. Ask yourself this, who is the victim of a gay marriage?

Who, indeed, Mr Deputy Speaker?

As federal parliamentarians we must continue to fight to remove racism, sexism, homophobia and other prejudices from our laws.

This bill goes part of the way to achieving this.

I therefore commend it to the House.