Member of the Legislative Council, the The Hon. Walter Secord, gave the following speech to the New South Wales Parliament's upper house, in support of the motion which will go to the vote tomorrow (May 31). His comments about his parents' situation, in Canada, is valuable personal testimony. (It should be noted, in regard to his final comments, that neither of the Bills before Federal Parliament would require churches to conduct same sex weddings, were they to make it into law...)
The Hon. WALT SECORD [May
24 - 12.12 p.m.]:
I take this opportunity to speak to the motion on marriage equality.
While
laws relating to marriage in Australia are Commonwealth responsibility,
the question of gay and lesbian marriage is now
debated widely in our community and around the world. About 10 countries
recognise same-sex marriage, including South Africa, Canada, the
Netherlands and Argentina. In the United States, Maryland is set to
become the eighth jurisdiction to grant same-sex couples
the right to marry.
Massachusetts, Connecticut, New Hampshire,
New
York, Vermont and the District of Columbia all recognise same-sex
marriages. The Maryland law is scheduled to take effect in January 2013.
However, earlier this month North Carolina joined about 30 other States by banning same-sex marriage, while President Barack
Obama and Vice President Joe Biden indicated their support for gay marriage.
That said, in recent years Australia and New South Wales have undergone considerable gay law reform. In Australia the Federal Labor Government introduced more than 80 amendments to give same-sex couples equal rights before the law regarding issues such as superannuation and taxation. In 1999 the New South Wales Carr Labor Government introduced reforms to State relationships laws in relation to property interests if a relationship broke down. This included amending the definition of "de facto spouse" to include same-sex cohabiting couples.
That said, in recent years Australia and New South Wales have undergone considerable gay law reform. In Australia the Federal Labor Government introduced more than 80 amendments to give same-sex couples equal rights before the law regarding issues such as superannuation and taxation. In 1999 the New South Wales Carr Labor Government introduced reforms to State relationships laws in relation to property interests if a relationship broke down. This included amending the definition of "de facto spouse" to include same-sex cohabiting couples.
In
2008 the New South Wales Labor Government introduced further same-sex
relationship reforms, including providing for a consistent
definition of "de facto partner" that incorporated same-sex partners,
across most of this State's laws. As a result, de facto couples have the
same access to a wide range of legal rights and entitlements. In New
South Wales on 1 July 2010 the Keneally Government
commenced the operation of the New South Wales Relationship Register to
make it easier for unmarried couples, homosexual or heterosexual, to
prove they were in a committed or de facto relationship and have access
to legal entitlements.
Last year in New South Wales 420 same-sex relationships were officially registered with the New South Wales Registry of Births, Deaths and Marriages.
Last year in New South Wales 420 same-sex relationships were officially registered with the New South Wales Registry of Births, Deaths and Marriages.
Australian
people have strong views about gay marriage with more than 60 per cent
supporting the concept. However, younger Australians
overwhelmingly support the right of same sex couples to marry.
This
suggests that an element of social norms is influencing our views on a
legal rights issue. As those norms shift over time,
the legal position will be less coloured. Therefore, I believe marriage
equality is inevitable in Australia. I have grappled with this issue for
a long time.
Members
of this Chamber will be aware of my views on a range of subjects. I
support Aboriginal reconciliation, I am an advocate
for the elderly and other minorities, and I believe in education against
genocide, prejudice and racism. This leads me to my position on
marriage equality.
Over the years, one factor that informs my view is my personal racial background. I am the product of an interracial marriage: my father is a Mohawk-Ojibway Indigenous person and my mother is an Anglican Anglo-Canadian of European descent. As a child growing up in rural Canada, I saw firsthand the prejudice towards my parents' relationship. At that time, when I was a very young child, no doubt some people felt that Indigenous people and Europeans should not marry—particularly, an Indigenous male and a European woman.
Over the years, one factor that informs my view is my personal racial background. I am the product of an interracial marriage: my father is a Mohawk-Ojibway Indigenous person and my mother is an Anglican Anglo-Canadian of European descent. As a child growing up in rural Canada, I saw firsthand the prejudice towards my parents' relationship. At that time, when I was a very young child, no doubt some people felt that Indigenous people and Europeans should not marry—particularly, an Indigenous male and a European woman.
If
Canadian law had purely reflected some of the views of the community
and that generation, my parents' marriage would have
been illegal. For the record, while interracial marriages were not
banned, they were highly unusual and it is safe to say that they were
frowned upon.
Indeed, not so long ago in this country—in fact, up until the 1930s—State officials were allowed to determine who Aborigines could or could not marry.
Indeed, not so long ago in this country—in fact, up until the 1930s—State officials were allowed to determine who Aborigines could or could not marry.
In Queensland, these restrictions were to limit black and white unions, and in Western Australia it was to prevent so-called
"half-castes" from marrying other Aboriginal people.
It
was not until 1967 that the Supreme Court in the United States ruled
that a ban on interracial marriages was unconstitutional
and removed that stain from American society. The reality of today is
twofold.
Firstly,
my parents remain happily married and have been exceptional role models
to their family and our community. Secondly,
we all agree that withholding the right to marry on racial grounds is
repugnant. In my view, the parallels on the prohibition on inter-racial
marriage and same-sex marriage are clear. We can no more deny someone's
right to enter a civil union based on their
gender or sexual orientation than we can on their skin colour.
Therefore, the right to marry restricts a person's full citizenship.
On human rights grounds, all Australians must be treated fairly and equally, regardless of their sexual orientation. All people are equal before the law and should be entitled to the same fundamental rights.
On human rights grounds, all Australians must be treated fairly and equally, regardless of their sexual orientation. All people are equal before the law and should be entitled to the same fundamental rights.
Therefore, I believe allowing same-sex couples the right to marry removes a legal and social discrimination; it supports full
and equal citizenship.
If we prohibit one section of the community from marrying another, it is a violation of their human rights.
Therefore,
I support the motion before the Chamber that the Federal Government
should amend the Commonwealth Marriage Act 1961
to provide for marriage equality. This motion is similar to the one
passed successfully by the Tasmanian House of Assembly in September
2011. However, I stress that just as I am cautious about the role of
personal beliefs in determining laws, I am equally cautious
about any attempt for the law to impinge on personal religious beliefs.
I acknowledge the strongly held views against same-sex marriage on both sides of this Chamber and on the crossbenches. I also agree that sanctioning gay marriage will not remove homophobia and discrimination in our society.
I acknowledge the strongly held views against same-sex marriage on both sides of this Chamber and on the crossbenches. I also agree that sanctioning gay marriage will not remove homophobia and discrimination in our society.
Many
people, particularly those of strong faith, believe that a marriage can
only be between a man and a woman. I therefore strongly
agree that religious institutions should not and must not be forced to
officiate marriages that they do not wish to.
I conclude my comments with a brief personal note. On 18 August 2006 I attended a same-sex civil union celebration in Sydney between two male friends, Mr Justin Di Lollo and Mr Marek Craker. It was conducted under United Kingdom law at the British Consulate-General with the assistance of the British consul-general, as Mr Craker is a British citizen. In total, the couple has been together for more than 16 years. They are still together in a loving and committed relationship.
I conclude my comments with a brief personal note. On 18 August 2006 I attended a same-sex civil union celebration in Sydney between two male friends, Mr Justin Di Lollo and Mr Marek Craker. It was conducted under United Kingdom law at the British Consulate-General with the assistance of the British consul-general, as Mr Craker is a British citizen. In total, the couple has been together for more than 16 years. They are still together in a loving and committed relationship.
I
ask: On what grounds could I possibly deny their right to enjoy the
same public recognition of their commitment as I, a heterosexual,
have access to?
The issue of marriage equality for same-sex couples is about the granting of full citizenship. We all deserve the same and equal
recognition under Australian law.
In conclusion, I acknowledge my colleagues, the Hon. Helen Westwood and the Hon. Penny Sharpe for their hard work and commitment
to this policy area.
I commend the motion to the House.
