Doing the hard yards

Shamefully, the Human Rights and Equal Opportunity Commission (HREOC) has identified 58 laws that continue to discriminate against same-sex couples in its new report, Same-Sex: Same Entitlements which is available on their website.

The legislative examples of discrimination are many, varied and in some instances surprising. For example, there is no entitlement to take carer’s leave to look after a sick partner. If you are a gay public servant your superannuation and death benefits may not flow automatically to your loved one. On top of the denial of tax concessions, same sex couples pay more money on medical expenses because Medicare and PBS safety nets do not recognise gay relationships.

While we have inherited many of these Commonwealth laws from a colonial past (in some ways these laws reflect a by-gone social era of conservative public attitude and fear towards same-sex individuals) the past is not the present and should not dictate the way we make our society a safe, inclusive, and comfortable place.

Many readers would have been active in lifting the lid on criminal punishment and social repression against same-sex individuals. Lest we forget rolling back sodomy laws and more recently demanding that same-sex relationships finally be recognised in South Australia.

Society is still in trouble with many of our antiquated Commonwealth laws continuing to oppress and hurt gays everywhere instead of having fallen off the statute book. In effect, today’s same-sex relationships are being judged by yesterday’s laws. It is about time the law played catch up.

The HREOC report is welcome. Reports such as these can lead to law reform. But they can also sit on a shelf and gather dust. Activists, advocates, sympathisers, and ordinary folk must pick up the themes and run with them – and I’m not just politely directing this task at the gay community but to everyone – or else there will be no movement from the status quo.

GetUp’s 185,000 members have launched an assault on same-sex discrimination in a worthy campaign titled Equal Before the Law. The campaign is well thought out and, I suspect with popular support, capable of making a difference in an election year. Already more than 22,000 individuals have signed the e-petition calling for an end to gay discrimination in federal laws. And there are some powerhouse supporters behind the campaign including various Gay and Lesbian Rights lobbies, Public Interest Advocacy groups and Student and Young lawyers groups – a great show of solidarity.

The Australian Democrats will continue our hard work and activism in this area. In August we will introduce bills aimed at eliminating all discrimination against same-sex couples under Commonwealth law, including the 58 identified last week by HREOC. Such moves follow a long history of Democrats gay activism including lobbying to lift the ban on gays and lesbians in the military, being the first to appoint a Parliamentary spokesperson on sexuality issues and winning an extension of superannuation rights to same-sex couples.

One of my initial committee responsibilities was working on former Senator Spindler’s Private Member’s Bill, the Sexuality Discrimination Bill 1995 which was the first comprehensive piece of legislation designed to prohibit discrimination. Since then, we have introduced and debated several amendments dealing with same sex recognition. Senator Andrew Bartlett and I have introduced the Same-Sex Marriages Bill to reverse the Government’s Marriage Amendment Act 2004 which denies same-sex unions in Australia.

We don’t just rock up to Mardi Gras or to the GALAs – although these are an important and fun symbolic commitment – we are proud to do the hard legislative and policy yards on this issue as well.

There is also a role for everyone in pushing the barrow for same-sex discrimination legal reform. Simple steps such as signing petitions, writing to MPs and Senators, going on demonstrations and educating family and friends.

Same-sex relationship recognition is something we can all participate in, or agitate for. Be inspired by the contents of this report. Find strength to campaign against discrimination in the paraphrased words of one contributing couple from Adelaide who are quoted in the Executive Summary. Like many same sex couples, they do not want special treatment – just what others can expect from their legal and social community. Their rights are denied simply because of who they love. All they want is equality.

From Adelaide’s Blaze Media.