Tell me why. The Obama Bombshell. Rallies …

Toon via Baz

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Why wouldn’t Tasmania enact its own same-sex marriage laws? The reform helps strengthen families. It would be worth at least $100 million to the state economy. It’s our best chance to exorcise the ghosts of homophobia past.

Sometime in the second half of this year federal parliament will vote on one of three bills allowing same-sex couples to marry. Labor supports marriage equality but to save the Prime Minister embarrassment the Party also allows its federal reps a conscience vote. Unfortunately, Tony Abbott is refusing Coalition members the same right (yes, I too thought individual freedom was a Coalition principle, but apparently not when Vatican teaching is at stake). Our national leaders have rigged things so marriage equality faces an uphill battle. There is no guarantee is it will win this battle this time around.

What is certain is that the movement for equality won’t be defeated by a vote against it. Up to 65% of Australians support reform with every new poll showing those in favour intensifying their support. 177,000 people wrote into a recent House of Reps inquiry in favour of marriage equality – the largest number in favour of a bill in Australian parliamentary history, by a factor of 10. The number of same-sex couples entering state civil unions has drastically slowed because they’re waiting for the right to marry. The momentum for marriage equality will not be slowed by a defeat at the hands of a small group of powerful nay-sayers. It will simply seek new ways forward.

The obvious way is state laws allowing same-sex marriages. Prof George Williams has made a compelling case that states can legislate for same-sex marriage. The marriage power in the Australian constitution is a “concurrent power” that is shared between the Commonwealth and the states. This is why, in the absence of federal Marriage Act up until 1961, all Australian marriages were performed under states laws. Because the Commonwealth has not legislated for same-sex marriages, that power still falls to the states.

Tasmania can legislate for same-sex marriages, but why should it?

Families

Allowing same-sex couples to marry strengthens relationships and families. Research in those countries which already allow same-sex marriage shows same-sex partners feel more committed when they marry, and their children feel a stronger sense of participation in community and family life. When they can marry, same-sex partners also have lower levels of stress, anxiety, depression and HIV.

The research also shows something which is obvious to anyone with eyes to see: the predictions made by campaigners against marriage equality have not come true. Heterosexual people have not stopped marrying, children are not confused about who their parents are, and people are not marrying their pets.

It’s true that Tasmania has a civil union scheme which provides same-sex couples with the same rights as married partners. But like all civil union schemes it is not as widely recognised or understood as marriage and effectively creates a second-tier status for same-sex partners. Most of all a civil union does not connote family in the same way as marriage. When we marry we not only form a new legal relationship with another person, we become part of their family and they of ours. Until gays and lesbians can marry we are excluded from the unique way marriage creates kinship and belonging.

The economy

International research also conclusively shows that when a state is the “first mover” on same-sex marriage it benefits economically from the wedding and honeymoon spend of same-sex couples who travel to that state to marry.

UCLA economics professor, Lee Badgett, is the world expert on the marriage equality dividend. Her formula for calculating this dividend have proven accurate in a number of US states. When she applied this formula to Tasmania she found that the state could expect an injection of nearly $100 million if it were the first to allow same-sex marriages. This is money that will primarily benefit job-creating small businesses.

Prof Badgett’s only caveat is that her figure is likely to be an under-estimate. Her formula uses the most conservative estimates of the numbers of same-sex couples in Australia, the number who will marry and how much they will spend. The economic injection Tasmania actually receives could be many times greater, especially given the “pent-up demand” for same-sex marriage in Australia. On top of this immediate benefit there is the economic dividend from sending a clear message to the “creative class” that Tasmania is a truly open and inclusive society.

Removing the hated stain

Our national and international reputation was devastated by the long and bitter battle over decriminalising homosexuality in 1990s. The UN condemned our anachronistic laws. Amnesty International campaigned against them. The British press labelled us “Bigot’s Island”.

The further back we go the worse it gets. Tasmania had the highest rate of incarceration under our old laws than any Australian state. We were the last jurisdiction in the British Empire to hang men for sodomy. Our identity as a post-convict society was born out of the intensely homophobic campaign run by anti-transportationists like Rev John West. Administrators of Tasmania’s convict system were obsessed with stamping out “unnatural vice”. There is no western society more drenched in homo-hate than Tasmania.

It’s true we’ve made great progress since decriminalising homosexuality. We have some of the best anti-discrimination and civil union laws in Australia. We have also led the national marriage equality debate up until now with the Tasmanian Labor Conference and the Tasmanian Lower House being the first in the nation to support the principle of marriage equality. But if we want to show the world our ourselves that we have really changed, nothing will send a stronger message than being the first Australian state to allow same-sex marriages.

Is there a downside?

The one potential down-side is that there will be a High Court challenge to a Tasmanian same-sex statute. This is almost inevitable given the antagonism to such a statute from some church leaders. It is also inevitable whether same-sex marriages are allowed under state or federal law.

The two questions at stake will be these.

1. Does the marriage power in the federal constitution allow an Australian government to legislate for same-sex marriages? The answer to this depends on whether you believe the Constitution should be interpreted according to values that prevailed in 1901 or values that prevail today. This is a question the High Court will have to answer sooner or later and the precedents almost go the way of today’s values.
2. Is the field open for a state to legislate? The answer to this depends on whether you see the federal Marriage Act as simply allowing heterosexual marriages (as George Williams does) or whether it also actively precludes same-sex marriages. If it’s the latter then a state same-sex marriage law would be overridden by the federal Marriage Act. But when the Howard Government amended the Marriage Act in 2004 to spell out that marriage is a heterosexual union it did not spell out that same-sex marriages are banned. One of the sponsors of the 2004 amendment, former Senator Guy Barnett, agrees, as do the anti-equality group, Lawyers for the Preservation of Marriage. When those who oppose same-sex marriage agree the states can legislate for it, you know you’re on safe ground.

Tasmania would have a strong case should it be called on defend its same-sex marriage laws in the High Court.

On top of this, the case would inevitably attract the very best legal minds willing to defend the Tasmanian laws for free, and while the case was proceeding couples would continue to marry bringing economic benefits to the state and showing the rest of Australia that sky doesn’t fall in when same-sex couples commit to each other.

For three decades Tasmania has been on the wrong side of history in the High Court, defending environmental vandalism and human rights abuses. A High Court challenge to a Tasmanian same-sex marriage statute would finally give us a chance to lead the nation towards a brighter future. In short, a High Court challenge to Tasmanian same-sex marriage law is not really a problem at all. In fact, it’s another reason we should proceed.

I look forward to a healthy debate on whether Tasmania should allow same-sex marriages if the federal parliament doesn’t. I’ve stated my case, now please give me a reason why Tasmania shouldn’t take the lead.

Further reading

For more on George Williams’ opinion on state same-sex marriage laws go to: http://tglrg.org/more/79_0_1_0_M3/

For more on the benefits of allowing same-sex marriages go to:
http://www.australianmarriageequality.com/wp/wp-content/uploads/2011/08/AME-fact-health.pdf
http://www.australianmarriageequality.com/wp/wp-content/uploads/2011/10/Marriage-equality-mental-health-research-statistics.pdf
http://www.australianmarriageequality.com/wp/wp-content/uploads/2012/05/Badgett-research-factsheet.pdf

For more on Prof Badgett’s economic research go to: http://www.australianmarriageequality.com/wp/wp-content/uploads/2012/05/Badgett-economy.pdf

For more on Tasmania leading the way on marriage equality go to:
http://www.australianmarriageequality.com/wp/wp-content/uploads/2011/09/Tasmania-and-marriage-equality.pdf

• The Obama Bombshell, NYT: Obama Says Same-Sex Marriage Should Be Legal WASHINGTON — President Obama on Wednesday ended nearly two years of “evolving” on the issue of same-sex marriage by publicly endorsing it in a television interview, taking a definitive stand on one of the most contentious and politically charged social issues of the day.

• AUSTRALIAN MARRIAGE RELEASE

Media Release
Thursday May 10th 2012

ADVOCATES HAIL OBAMA’S SUPPORT FOR MARRIAGE EQUALITY

Marriage equality advocates say President Barack Obama’s support for marriage equality puts pressure on Australia’s national leaders to do the same.

Australian Marriage Equality campaign director, Rodney Croome, said,

“If Barack Obama can support marriage equality in an election year, in a country where support for the issue is lower than in Australia, then our national leaders have no excuses.”

“Australia is lagging behind other comparable countries and it’s time for our national leaders to catch up to their counterparts overseas.”

Both Julia Gillard and Tony Abbott personally oppose same-sex marriage.

Mr Obama joins UK Conservative Prime Minister, David Cameron, as a supporter of marriage equality.

“What’s notable about Mr Obama’s support is that his mind has been changed by the everyday experience of same-sex partners and their families at his daughters’ school and in military service.”

“We call on Julia Gillard and Tony Abbott to also open their minds to the everyday experience of same-sex couples who share the same love, commitment, joys and sacrifices as other couples.”

Other countries that allow same-sex couples to marry include Canada, Spain, Portugal, Argentina, Norway, Sweden, Belgium, the Netherlands, Iceland, South Africa and several states in the US, Mexico and Brazil.

• OBAMA’S BACKING SHOWS TIME HAS COME FOR GAY MARRIAGE

Nick McKim MP
Greens Leader

The Tasmanian Greens today welcomed US President Barack Obama’s historic support for gay marriage, and called on Australia’s political leaders to follow his example.

Greens Leader Nick McKim said that if the leader of an inherently conservative country like the US could demonstrate such strong moral leadership on equality, there should be nothing holding back Tasmania’s leaders.

“President’s Obama’s support for same-sex marriage is the first time a US President has thrown their support behind this issue,” Mr McKim said.

“Marriage equality has long enjoyed clear majority support in Australia, and I hope Australia’s federal and state politicians will show the leadership President Obama has shown on this issue.”

“Marriage equality in Australia is inevitable in my opinion and is less a question of ‘if’ and more a question of ‘when’.”

“This move by President Obama will only add momentum to the push to end the legal discrimination against same sex couples here in Australia.”

“In a country like America where the conservative opposition to marriage equality is much stronger than Australia, President Obama has shown the kid of courageous leadership that’s been sadly lacking here.”

“If Australia’s Commonwealth Parliament fails to reform the federal Marriage Act to allow for marriage equality, I repeat what I have previously: I will bring on the Greens’ suite of already-tabled marriage equality Bills in the State parliament, so that Tasmania could become the first Australian state where marriage equality is legal.”

“Time will tell whether Australia’s federal and state politicians will be on the right side of history when marriage equality becomes law, which I believe it will.”

“Until it does, all those campaigning for marriage equality in face of the continuing legal discrimination will be further motivated to achieve victory thanks to President Obama’s support,” said Mr McKim.

• AUSTRALIAN MARRIAGE EQUALITY

Media Release
Thursday May 10th 2012

ADVOCATES DISAPPOINTED BY GILLARD’S CONTINUED OPPOSITION TO MARRIAGE EQUALITY
OBAMA’S SHIFT “SMART POLITICS”

Marriage equality advocates say they are disappointed Prime Minister Julia Gillard remains opposed to marriage equality, despite support for the issue from US President Barack Obama.

Australian Marriage Equality campaign director, Rodney Croome, said both Australian political leaders will pay the price for opposing equality at the next election.

“By supporting marriage equality President Obama has done the right thing morally and also the smart thing politically”, Mr Croome said.

“His position will help galvanise his party base and win over those swing voters who long to see leaders with empathy and conviction.”

“Julia Gillard is passing up an excellent opportunity to unite the Labor Party rank and file behind her, while Tony Abbott is pushing away swing voters by obstinately opposing not just reform but even a conscience vote.”

Mr Croome says he still holds out hope Julia Gillard and Tony Abbott will shift their positions.

“President Obama supports marriage equality because he has seen firsthand that the love, commitment, joy and sacrifice in same-sex relationships is of the same quality as heterosexual relationships.”

“I am hopeful our national leaders will also come to see that what same and opposite-sex couples share is more important than what sets us apart.”

• AUSTRALIAN MARRIAGE EQUALITY

Media Release
Friday May 11th 2012

NEW ZEALAND POLITICAL LEADERS SUPPORT FOR MARRIAGE EQUALITY FURTHER ISOLATES GILLARD & ABBOTT
AUSTRALIA ALONE AMONG DEVELOPED, ENGLISH-SPEAKING DEMOCRACIES

Support for marriage equality from the political leaders of New Zealand has left Australia as the only developed, English-speaking democracy whose leaders oppose marriage equality.

New Zealand’s Conservative prime Minister, John Key, has said he “is not personally opposed to gay marriage” and “it is possible the New Zealand parliament may consider the issue” while NZ Labour leader, David Shearer, says he “fully” supports marriage equality.

Australian Marriage Equality spokesperson, Rodney Croome, said,

“Australia’s national leaders are completely out-of-step with their counterparts in every other developed, English-speaking democracy – Canada, the UK, the US and now even New Zealand.”

“Like many other Australians I am bewildered and ashamed that our country is being isolated from those nations with which we share most by two out-of-touch opponents of fundamental human rights.”

“My hope is that Julia Gillard and Tony Abbott’s increased isolation will compel them to reconsider their hard line.”

Yesterday, US President Barack Obama stated his support for same-sex marriage, joining UK Prime Minister, David Cameron and Opposition leader, Ed Miliband. Same-sex marriage has been legal across Canada since 2005.

In response to President Obama’s statement, Prime Minister Gillard curtly re-affirmed her opposition to reform, while Opposition leader, Tony Abbott, continues to oppose both same-sex marriage and a conscience vote on the issue.

For a report on the views of New Zealand’s political leaders:

http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10805027

• AUSTRALIAN MARRIAGE EQUALITY
Media Release
Friday May 11th 2012

RALLIES TO CELEBRATE OBAMA’S HISTORIC SUPPORT FOR MARRIAGE EQUALITY

Rallies for marriage equality to be held across Australia tomorrow will celebrate President Barack Obama’s historic support for marriage equality and increase the pressure on Australia’s political leaders to join him.

Australian Marriage Equality spokesperson, Rodney Croome, said,

“Tomorrow’s rallies are an excellent opportunity to celebrate this important moment in the movement for marriage equality and to call on Julia Gillard and Tony Abbott to open their hearts as President Obama has done.”

“Australia is now alone among developed, English-speaking democracies in having both major-party leaders opposed to marriage equality, and it is time for ordinary Australians to show we will no longer accept being isolated from the countries with which we have most in common.”

In the wake of President Obama’s statement, New Zealand’s Conservative Prime Minister, John Keys, said he does not personally oppose marriage equality. He joins UK Conservaive Prime Minister, John Major, who also supports the reform.

Details of the rallies are below.

Melbourne: State Library, 1pm
Sydney: Town Hall, 1pm
Brisbane: Queens Park, 1pm
Perth: Stirling Gardens, 1pm
Canberra: Petrie Plaza, 1pm
Adelaide: State Parliament, 1pm
Hobart: speak out at the University of Tasmania, 1pm