Believe it or not, it was John Gorton, a former Liberal Prime Minister, who declared in October 1973 that ‘homosexual acts between consenting adults in private should not be subject to the criminal law’.
This statement demonstrates an important point: that across all political parties there are both angels and villains on the issue of ending discriminatory treatment of gays and lesbians. Some activists want you to believe it’s a black and white issue – Labor good, Coalition bad.
The starting point has to be a distinction between financial and work related discrimination and reforms to our cultural traditions. This is not to justify and excuse discrimination, rather to observe the ‘realpolitik’.
The distinction is necessary for a variety or reasons: first, securing financial and work related equality over coming years will be easily won; secondly, the community broadly supports an end to discrimination in financial and work-related entitlements; and thirdly the gay and lesbian community has a strong and united position.
By contrast, reforms to traditions such as marriage and adoption are highly contentious and lack community support. Even amongst gay and lesbian Australians I would argue there is no consensus about the significance of an entitlement to ‘marriage’ and caution about the merits of gay adoption.
This distinction was referenced by the Human Rights and Equal Opportunity Commission (HREOC) Report ‘Same-Sex: Same Entitlements’. It noted that ‘an opposite-sex couple does not have to marry to get those entitlements; nor should a same-sex couple have to marry’.
Let’s be straight (excuse the pun).
If you are looking for the Coalition to secure your rights to marriage and gay adoption be ready for disappointment. The Coalition does not view the definition of marriage as a discriminatory definition, but one that reflects the views of the majority of the Australian community. John Howard has often stated the Coalition’s views on marriage are ‘very well known’ and ‘won’t be changing’.
The same is not true of the Coalition’s attitudes to ending discrimination around financial and work related entitlements. If you are looking for a careful, considered approach to protecting your entitlements, the Coalition is for you. The Coalition has publicly stated that it favours removing discrimination against people in same-sex relationships – a commitment the Coalition has acted on.
The Coalition has moved to allow superannuation funds to make payments to people in interdependency relationships. The Superannuation Industry (Supervision) Act 1993 was amended in 1999 to ensure a person who is a member of a fund providing ‘binding nominations’ can nominate a same sex partner who is a dependant.
The Coalition has also agreed to extend conditions of service entitlements to members of the Australian Defence Force with same sex partners.
Can more be done? Absolutely!
The HREOC report provides a significant opportunity to achieve greater equity for financial and work related entitlements. The Coalition has committed to giving ‘serious’ consideration to the HREOC report and Philip Ruddock has committed to write ‘soon’ to John Howard with a proposed approach to dealing with discrimination against same-sex relationships.
I can confidently predict Kevin Rudd and Labor will be far from angelic on the issue of same sex equality before the law. Labor’s lack of credibility was most obvious in August 2004 when Labor supported the Coalition’s ban on gay marriage. Indeed leading gay activists such as Rodney Croome said Labor was ‘completely untrustworthy on gay and lesbian rights’, others said Labor was ‘gutless’.
At the forthcoming election judge Labor by what it does, not what is says it will do!
