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Wednesday, 10 September 2008 20:00 |
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A STRONG START, BUT…
You only need read the Second Reading Speech of Labor’s landmark Same-Sex Relationships (Equal Opportunity Treatment in Commonwealth Laws – General Law Reform) Bill to be able to anticipate the fraudulent arguments that some Coalition and Family First MPs will inevitably trot out in order to oppose it.
1. The Bill ‘legalises polygamy’
The foundation reform of this Bill is to amend the definition of ‘de facto partner’ in the Acts Interpretation Act, which will then be applied to nearly 70 other Acts across 19 government departments. Consequently, a person – say, a formerly married man who separated but never officially divorced his wife, and then established a de facto relationship with either another man or woman – will now have two types of relationships recognised at federal law: the marriage and the de facto. This provision, copied directly from existing, functioning WA state laws, already operates in the Family Court – but that’s not going to get in the way of opponents scaremongering that the Bill is back-door polygamy. Indeed, Bronwyn Bishop was doing just that last week during debate of Labor’s superannuation reform Bill.
2. The Bill ‘weakens marriage’
Opponents will highlight where definitions in some Acts will now refer to ‘surviving spouse’ or ‘de facto partner’ in place of ‘widow’ or ‘widower’ for the purposes of death benefits. It’s the thin end of the wedge, they’ll cry. Admittedly, it is somewhat ironic that Attorney-General Robert McClelland, a supporter (along with his party) of marriage as existing between only a man and a woman, claims ‘it seems incredible that for almost 24 years it has been unlawful to discriminate against a person on the basis that they are or are not married’.
The reality is that existing de facto laws have already ‘weakened’ marriage by virtue of providing non-married heterosexual couples with similar rights and responsibilities as that of their married counterparts – nothing to do with same-sex couples.
3. The Bill ‘doesn’t recognise interdependent relationships’
Nor should it. Malcolm Turnbull has stated publicly that his party no longer supports this approach, having rightly pointed out as the A-G has that interdependent relationships, while important, are almost impossible to quantify for public purse considerations, may in fact disadvantage couples who fall within their purview and share far less in common with same-sex relationships than same-sex couples have with married or heterosexual de factos. But of course, this won’t stop some Liberals – including most likely Brendan Nelson – re-cutting their party’s position to suit their anti-equality agenda.
The Bill still has a long way to go. It will only become law with the support of moderate Coalition senators, who can only permit its passage if Nelson allows a conscience vote. But being the puppet of the party’s hard right he’s allowed himself to become, it’s difficult to see this happening.
Sam Butler:
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