The same-sex marriage implications for Australia from the US election and abroad

The main stories coming out of the recent elections in the United States have of course been that Barack Obama won a second term, and which party controls the House and the Senate. However, the election produced a number of other interesting outcomes, not least of which is the overwhelming support for…

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Gay marriage advocates in Australia would have watched last week’s US elections results with interest. AAP/Dean Lewins

The main stories coming out of the recent elections in the United States have of course been that Barack Obama won a second term, and which party controls the House and the Senate.

However, the election produced a number of other interesting outcomes, not least of which is the overwhelming support for marriage equality in the four states in which this issue was on the ballot paper. The states of Maine, Maryland and Washington asked voters whether same-sex marriage should be legalised, and in each case a majority voted in favour of marriage equality. This is the first time that same-sex marriage has been endorsed by popular vote.

In Minnesota, voters were presented with a proposal to amend the state constitution to define marriage as being only between a man and a woman. That initiative was defeated. Thus, at the recent election, every jurisdiction in the United States that considered same-sex marriage came down in favour of marriage equality.

And we should not ignore the fact that Barack Obama was given another term as President after pledging his support for marriage equality, while Mitt Romney, who opposes gay marriage, was soundly defeated.

When these developments in the United States are considered in the context of changes happening in other countries, as well as within Australia, there is a sense that the momentum for change is turning into an unstoppable force.

For example, Spain’s Constitutional Court has just held that the gay marriage laws enacted in 2005, were constitutionally valid: A decision welcomed by the 22,000 gay couples who were married in Spain in the last seven years.

In France, the government last week approved a bill that will allow same-sex couples to marry and adopt children, with the French parliament due to vote on it by the middle of next year.

The Scottish government announced in July that it will introduce legislation to legalise same-sex marriage, and the British Prime Minister, David Cameron has vowed to introduce legislation opening up the institution of marriage to same-sex couples, before the next general election.

Meanwhile, in New Zealand, a bill to amend the Marriage Act to specifically allow same-sex couples to marry passed its first reading in August, with 80 votes in favour, 40 votes against, and one abstention. The Prime Minister, John Key supports the legislation. It has been referred to a Select Committee which received over 20,000 public submissions, and is due to report back to Parliament by February 2013 regarding whether or not the Bill should be passed.

Closer to home, the recent elections in the ACT saw the Greens give their support to Labor to form government subject to a number of conditions, including that the ACT government legislate for marriage equality. Of course, not being a state, any marriage law in the ACT can be overturned by federal parliament, in addition to being challenged in the High Court.

New South Wales may be one step closer to legalising same-sex marriage at a state level with the election last month of independent Alex Greenwich into the Lower House, in a by-election in the seat of Sydney. Greenwich, the former national convener of Australian Marriage Equality, has indicated that he will introduce a bill for same-sex marriage.

Notwithstanding this progress on multiple fronts, we need to remember that the past few months have also seen the defeat of bills to legalise same-sex marriage at the federal level as well as in the Tasmanian Upper House. However, the recent developments abroad, as well as in the ACT, suggest that the tide may be turning.

President Obama, seen here at a LGBT-sponsored fundraiser, has expressed support for gay marriage. EPA/Michael Nelson

Legislating for same-sex marriage is supported by the Australian Human Rights Commission which in September issued a position paper, stating that “the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity".

The Commission rejects the idea that it is sufficient to provide gay couples with an inferior form of relationship recognition such as civil partnerships, noting that: “in the absence of a right to civil marriage for same-sex couples, a civil union scheme would continue to reinforce the different value placed on relationships between opposite-sex and same-sex couples". This reflects the view that providing gay couples with only civil unions is tantamount to the discredited system of “separate but equal” encapsulated in the Jim Crow racial segregation laws of the United States. Or, as Justice Lafome of the Ontario Superior Court said, “any ‘alternative’ to marriage…simply offers the insult of formal equivalency without the promise of substantive equality".

The rate at which countries and states are legislating for marriage equality shows no sign of slowing down anytime soon. If anything, the election results in the United States are likely to motivate advocates of same-sex marriage to increase their efforts, which may stimulate a flurry of reforms across many jurisdictions. Such moves would be in harmony with the fundamental human rights principles of equality and non-discrimination as articulated by the Australian Human Rights Commission, and consistent with the global trend in favour of marriage equality.

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34 Comments sorted by

  1. Terry Goulden

    Retired

    A very good article. It would be interesting to know if anyone has been able to define how the changes in attitudes have come about. The gay movements efforts are crucial but it may be that other influences are also in play. For instance the attitudinal changes appear to be taking place at the same time that such anti-gay institutions, such as the Catholic Church, are engulfed in major structural scandals which are definitely undermining their moral ability to promote their anti-gay agenda.

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  2. Colin Lowe

    logged in via Facebook

    I believe that change in attitudes is quite easy to explain, more and more people now either know a gay person, know somebody that does or are exposed positive messages about gay people in the media. I would argue that homophobia is largely based on ignorance and a fear of the unknown, gay people are becoming more "known". As the community slowly comes to accept that gay people are just like them, their acceptance and understanding of why they would want to get married increases and their resistance to allowing marriage equality diminishes.

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    1. Terry Goulden

      Retired

      In reply to Colin Lowe

      Colin no-one can ever underplay the importance of this, however I was commenting on the deliberate political agenda that the churches have run and continue to run to use homosexuality as method of retaining control of the social agenda. Their influence, apart from on dinosaurs like Campbell Newman is now markedly less than a decade ago. They created the fear, they dishonestly equated male homosexuality with pedophilia and now that pedophiles are more likely to wear clerical garb they have lost the moral high ground and that allows concepts of marriage equality to gain traction.

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  3. Lynne Newington

    Lynne Newington is a Friend of The Conversation.

    Researcher

    Irrespective of one's own views, it was further evidence of how politicians bow down to the Catholic church.
    The controversal same sex marriage issue in Queensland came under fire the other day, when Premier Cambell Newman consulted Brisbane Archbishop Coleridge before he introduced amendments to civil partnership laws.
    It only inflates their (this one anyway) egotisic and grandeur status.
    I wonder if Mr Cambell consulted with his lesser brothers of other faiths.
    I doubt it.

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  4. Dania Ng

    Retired factory worker

    An interesting article, in that it clearly demonstrates how we are privileged to see only one side of the argument. It is an exaggerated analysis, barely able to hide gloating, but circumspectly avoiding certain facts. So, just to balance this very biased analysis, here are some such facts which the author has neglected to include in her analysis:
    - "the overwhelming support for marriage equality in the four states". Baloney! In Maine, gay marriage won by only 18,000 votes. In Maryland, by 94,000…

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  5. Liz Smalley

    Counsellor

    The reason the tide is changing in favour of homosexual marriage is because
    activist groups, who represent less than 1% of the population, shout their
    distorted statistics louder than the passive majority, who are opposed to
    homosexual marriage. This was made clear, as you rightly point out, by
    bills for same sex marriage being soundly defeated at both federal and state
    levels. The other reason is because now, for me to say I am opposed to
    changes in the marriage act, I will be called homophobic, and a hater of
    homosexual people. I do not agree with taking the rights away from a child,
    to have a male and female role model. Same sex unions are not designed to
    produce offspring, regardless of your morality.

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    1. Angus McInnes

      MSc (Physics) student at University of Melbourne

      In reply to Liz Smalley

      Many heterosexual couples are unable to provide two good role models for their children, or unable to have children at all, for a variety of reasons. This is not usually considered to be a reason for banning their marriage. Why should such a strict standard be invented as a justification for banning same-sex marriage, when it is not usually applied to the rest of the population?

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    2. Mark Harrigan

      Dr

      In reply to Liz Smalley

      I suggest it is a twisted logic to somehow equate same sex marriage with removing the rights of a child - usually offered by someone who cannot admit to their own homophobia.

      As for the "passive majority" who oppose same sex marriage. The evidence is clear you are wrong.

      In July 2011 a survey of 543 people conducted by Roy Morgan measured the support for a number of positions on marriage
      68% of Australians support same-sex marriage
      78% classify marriage as a ‘necessary’ institution…

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    3. Dania Ng

      Retired factory worker

      In reply to Liz Smalley

      @ Mark Harrigan
      Mark, online surveys are notoriously unreliable, since they can be swamped with interest group polling. Homosexual groups are notorious for doing this, but even if this is discounted, read carefully the disclaimer contained in the report - it actually begins with: "Please note that the online survey is not a statistically significant survey" (that is, as any social scientist would tell you, the results cannot be relied on). In respect to the other surveys, we need to know who commissioned…

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    4. Mark Harrigan

      Dr

      In reply to Liz Smalley

      @ Dania - regardless of the reliability or otherwise of online surveys, Liz Smalley made a claim that the majority of people are opposed to same sex unions. I have shown data to refute that claim, There is no data put forward to support it.

      The support for same sex marriage in the general population is greater than 50% - deal with it

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  6. Forth Sadler

    logged in via Facebook

    Before I say anything I should probably point out that I'm profoundly in favour of marriage equality. Marriage isn't about having children (children are routinely born out of wedlock with essentially no stigma and many married couples remain childless) not is it about religion (a significant proportion of marriages are entirely secular) and if you somehow think that denying same sex couples access to marriage means that they're somehow not going to raise the children that they're already raising…

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    1. Dania Ng

      Retired factory worker

      In reply to Forth Sadler

      So the link is obvious? - they kill homosexuals in Uganda, Saudi Arabia and Iran, so we should legalise homosexual marriage here? Linking a despicable act with a want here is a neat trick, even though it makes no sense.

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    2. Forth Sadler

      logged in via Facebook

      In reply to Forth Sadler

      Dania: I was making no such link....your straw man is showing. What I was saying is that the trend is western, not global and that there's a lot more to the story of same sex marriage than is being protrayed in this article. Having said that, if you don't think that there is a link between repression of same sex attracted people and the issue of same sex marriage then you clearly haven't looked very hard at the subject. It all comes down to homophobic (or heterosexist if you want to get hung up on literal meanings) bigotry of one kind or another.

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    3. Dania Ng

      Retired factory worker

      In reply to Forth Sadler

      Forth: the link is clearly made. even if implicitly so. The terminology employed is standard: 'marriage isn't about having children', 'Uganda (or equivalent)', '[harm] the gays', 'denying same sex couples' - all within the one posting. Ask an expert in semiotics if you don't believe me. It may be that you have not consciously thought you're making the link, but for readers attuned to the discourse, there clearly is one. I am surprised you left the Christian bigots out, it's normally used as a coup…

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    4. Forth Sadler

      logged in via Facebook

      In reply to Forth Sadler

      Ok Dania, I'll try again. Try reading what I write, not the straw man argument you want to have fun knocking over. I am *not* saying "Horrible acts are perpetrated against same sex attracted people therefore we should have same sex marriage.", I am saying "The problem of homophobic bigotry is global and our gains seem to be limited to the western world, therefore we need a broader outlook and should not be too self-congratulatory just yet." This is NOT a justification for same sex marriage. If I was providing a full justification for same sex marriage, this would be a far longer post as there are an incredible number of reasons why denying marriage to same sex couples is ludicrous. This is not that argument. Are we clear now?

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    5. Dania Ng

      Retired factory worker

      In reply to Forth Sadler

      Forth: No, we're not clear. You're talking about 'homophobic bigotry' being global in a thread of comments on an article on the implications of SSM stemming from the recent US election. No amount of patronising language will persuade me that there is no link made between your topic and SSM, and since I have explained earlier how this is so, I will not repeat myself here. I will, however, persist in resisting the discourse you're employing to exercise power over my life and that of countless others…

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  7. Mark Harrigan

    Dr

    There is no logical argument to oppose same sex marriage.

    Those who claim, somehow, that same sex marriage would "degrade their marriage" such as has been quoted ": "We have been married for 51 years and have 4 children and 11 grand children. The proposed law changes would downgrade our marriage to the level of the union of 2 homosexuals" are inherently bigoted in their language and thinking

    Why?

    Because such a statement starts from the premise that a same sex marriage or union between same…

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    1. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      "The support for same sex marriage in the general population is greater than 50% - deal with it" - I have done so, Mark. Even your physics background should be sufficient to equip you with an understanding of simple statistics, and provide familiarity with such notions as 'statistical confidence', 'representative sampling', 'confidence interval', and so on. In addition, in social sciences we control for researcher bias and look closely at the nature of questions, and we're weary of leading questions…

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    2. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      @ Dania - you've offered mno evidence to support any claim that the majority of people oppose gay marriage - only bluster.

      The statement "homosexuality is not the same as heterosexuality; and, yes, some people even have the temerity to think it is inferior - whether you like it or not. The question is, are you prepared to tolerate such views?" is inherently bigoted. The statement could be used to justify an argument agains ta union between two ethnic groups (and indeed was ij the past where the…

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    3. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      Mark

      Again, I did provide evidence (here and elsewhere on The Conversation, where you invariably insulted me and others for holding different views from yours; in fact, this seems to be a habit of yours which you exercise regularly on other discussion forums as well - apparently, you're always right), it's just that you personally don't like such evidence, so you choose to ignore or denigrate it. Yet, it doesn't go away, it's still there.
      I won't engage with the silly rhetoric and ad hominem…

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    4. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      Dania - it appears you have trouble with following definitions and logic. So I'll try and keep it simple

      1) You claim to have offered evidence to support your claim that the majority do not support gay marriage - where is it? It's certainly not on this thread. You continue to claim the majority of people oppose gay marriage.
      Here are the polls of which I am aware. They all show you are wrong.

      Ambrose Centre for Religious Liberty (November 2011) found a majority of voters support the idea…

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    5. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      Oh dear! Why do you keep referring to polls commissioned by interest groups? The Galaxy polls you're citing were commissioned by the Australian Marriage Equality (a homosexual lobby group), run within omnibus surveys (that is, in the context of other questions, about which we have no idea what they are, or how successfully they lead respondents into providing the answers elicited by these people). They are not worth the paper they are written on! Also, if you think the figures bandied around by…

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    6. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      @ Dania - that's a truly impressive piece of logical conniptions to avoid confronting your own prejudice on this matter - but this one was particularly amusing

      "I don't deny anyone anything, it's just that they can't have something that they can't possess."

      Laughable and Pitiable at the same time.

      And I'm sure Nielsen, Galaxy and Roy Morgan will be interested to discover that they produce results to please the groups that commission the polls. Such a world view conveniently allows you to refute anything you don't agree with - it must be sad to hold such views in your head but it's clear they are incapable of changing

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    7. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      Mark, I said everything I need to say in response to your diatribes. You don't offer anything new, so therefore I won't waste my time going over the same points I made a few times yet again. (For the benefit of other people), note that you have not been able to refute any of these points, you simply do what most prejudiced individuals do when they are held to account when they push their views on to others, which is to continuously attack the person rather than their arguments. Note also that when…

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    8. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      Diana do you understand what a non-sequitur is?

      "this fact being that homosexual relationships are not the same as heterosexual ones, and so it follows that marriage cannot describe the former because the term has always been describing the latter"

      Apparently not

      Plus the fact that you then selectively quite a single same sex attracted person who doesn't want to get married and then use that as justification to say "So you see, I am in agreement with the homosexuals " typifies your stereotypical…

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    9. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      oh,oh - there are some more big words. You're going to teach me argument now, Mark? I don't know what a non sequitur is ... I suppose I should shrink in awe when I am faced with such terms. This is hilarious, especially as in an effort to use such big words, you manage to produce a non sequitur yourself, lol; so I'll play along for a while longer, because it's fun. Lets, see ... I am saying that heterosexual relationships are not the same as homosexual ones (note that 'sex' is part of both terms…

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    10. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      Okay Dania I'll spell it out for you since it appears your fallacy is invisible to you.

      If the relationship between people that defined marriage had been constant always you might have had some basis for your conclusion. As I have demonstrated the nature of the relationship that defines marriage (and indeed the reason for it's existence) has changed greatly over the course of human history - and indeed between cultures.

      And it hasn't always been between opposite sexes

      http://www.randomhistory

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    11. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      Mark, it's really sad to see such pitiful attempts to patronise someone you don't agree with. Don't you realise how silly your arguments are? It is no shame, you know, to sometimes admit that you're wrong especially when faced with indisputable evidence and arguments. Trying to continuously recast your own in response, rather than actually evaluate the opposing argument in light of facts, just demonstrates your prejudice against someone whom you disagree with. I said before, I don't mind if you think…

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    12. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      @ Dania

      The point you continue to miss is this,

      There is no basis to claim that allowing same sex attracted people to marry will in any way harm "traditional" marriage. As Malcolm Turnbull ably said - those who use this as an argument are "''dripping with the worst sort of hypocrisy''.

      And to continue to maintain this argument is the act og bigotry since it treats same sex attracted people with hatred and intolerance.

      You are free to have these views - but no amount of verbal gymnastics or attempts by you to avoid confronting thisintolerance you display changes that this is your approach. If anything your posts just continue to provide evidence for it

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    13. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      Whatever, Mark. I think you must've called me a bigot about a hundred times. The sad part is that you continuously rely on untruths to justify your insolence and disrespect of my view. For example, just in the previous post of yours you declared that, in view of your belief that I claimed SSM will hurt traditional marriage means that "to continue to maintain this argument is the act of bigotry since it treats same sex attracted people with hatred and intolerance". You simply make up stuff, and that…

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    14. Mark Harrigan

      Dr

      In reply to Mark Harrigan

      @ Dania - you have claimed SSM will hurt traditional marriage - repeatedly. You have offered no evidence for it other than the claims of some who feel their marriage will be hurt - which either means they themselevs are bigots or their marriage is extremely frail if its value is determined by some one external. But if you are now withdrawing that claim please do so? :)

      You also used that claim as a justification for saying SSM should not be allowed. I have established clearly why that is bigotry…

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    15. Dania Ng

      Retired factory worker

      In reply to Mark Harrigan

      Well, even a broken clock is right twice a day. I have indeed been condescending, it started when you called me names as a method of engaging with someone you disagree with. I am truly glad that you have finally discerned this, it indicates some capacity for multidimensional analysis, though I am not sure you understand that I am being so on purpose, and for greater impact in exposing the prejudiced premises employed by 'righteous' individuals like you (btw, this is also condescending, in case you…

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