Rachel Evans
On August 13, the federal government and the Labor opposition voted in the Senate to ban same-sex marriage by passing the Marriage Amendment Act, which defines marriage as being exclusively between a man and a woman.
The legislation was passed just days after the closing of submissions to a Senate inquiry into the issue. The Greens and the Australian Democrats opposed the bill. The major parties rushed the legislation through in the knowledge that there are three same-sex couples preparing court cases to have their marriages, which were performed overseas, recognised.
Prominent gay rights activist Rodney Croome, from the Equal Rights Network, is investigating a High Court challenge to the legality of the legislation. He told 91×ÔÅÄÂÛ̳ Weekly that a campaign for its repeal is needed. "The legislation is not going to be repealed in a hurry, but this shouldn't stop us calling for that, as well as highlighting the way both major parties have fallen prey to anti-gay campaigners and fundamentalist churches. We need to channel the lesbian, gay, bisexual, transgender and intersex [LGBTI] community's anger into effective action, right up until the federal election and beyond, if we are to have any hope of achieving law reform in the near future."
On August 14, 500 people rallied in Sydney against the legislation. The protest was organised in a week by Community Action Against Homophobia (CAAH)."What we're seeing is the re-emergence of an LGBTI community that is broadly engaged with the political process and is not leaving that engagement up to a handful of lobbyists", said Croome.
CAAH spokesperson Emelia Holdaway told GLW: "We are on the cusp of a coordinated, strategically united national campaign. We have several community organisations, including CAAH and the Equal Rights Network, that are committed to a long, strong campaign. CAAH itself is a coalition of a number organisations and activists. Its rallies have been endorsed by many more community organisations."
"Marriage equality must become an issue that is talked about in the clubs, pubs and lounge rooms of the nation", Croome argued. "Only then will a strong majority of Australians come to understand and accept change. Only then will law makers get the message that they must support change."
Kylie Moon, Socialist Alliance lead Senate candidate in NSW and a CAAH activist, stressed that "this latest attack has made us realise our rights cannot be guaranteed. While we've achieved a level of visibility, there is still a seriously high level of homophobia in society. Unless we keep challenging this, winning the public to supporting equal rights for GLBTI people, and building a very active and public movement, then our gains can be taken from us."
Holdaway added that what is needed is "a well-organised, bold and brave campaign to confront some of the most organised and boldly homophobic elements in our society".
Of real concern to activists has been the activities the Christian right and the two major parties' appeasement of it. They have mobilised to ban same-sex couples marrying, submitting 12,000 submissions to the Senate inquiry and attracting 1000 people to the ultra-bigoted National Marriage Forum held in federal Parliament House on August 4.
"We should in no way think that they are going to stop at successfully banning same-sex marriage", Moon warned. "They want to outlaw women's access to abortion, they are joining so-called 'fathers' rights' groups to attack custody laws, and they are targeting no-fault divorce laws. We need a movement that will link with all those under fire from this growing conservative push."
Labor's support for the ban on same-sex marriage has sparked debate in the movement. Alex Day, president of Canterbury-Bankstown Gay and Lesbian Social Group, told GLW: "At the end of the day, it will be a Labor government that will give us equal marriage rights. It's always been Labor which has given us reforms. Admittedly, they have been slow to do so in the past, drip feeding our rights to us, but no other party or individual has the political might to change legislation. We need to remember that it is still a Liberal Party bill."
While the NSW Gay and Lesbian Rights Lobby didn't respond to GLW's questions, in an article in the August 19 Sydney Star Observer, GLRL co-conveners Somali Cerise and Rob McGrory wrote: "Could we have done more? ... The answer is yes: You can always do more. But the real question is whether any of that would have made a difference... As feared, a battle on gay marriage in the lead-up to the 2004 election was one we were always going to lose."
They continued: "We must hold Labor to their promise on comprehensive de facto recognition. This must include federal recognition of our families and anti-discrimination legislation without cop-outs for the churches. We must continue working with minor parties and supportive MPs from all sides."
Croome told GLW: "Labor needs to be shocked out of its cynical electoral embrace with fundamentalist Christians. The best way to do this is to vote for alternative progressive parties... Until we're out on the streets, they won't take our anger seriously. Protests, rallies and other high-profile actions are definitely the way to go."
Holdaway agreed: "A strong grassroots, medium- to long-term campaign in needed, led by activists, to repeal the ban on same-sex marriage."
Day believes that "people need to throw off their allegiance to the various political parties (especially the major ones) and tell them we are angry. Conservative queers need to start rising up and taking a stand. We need to think of what is for long-term good of our entire community, not just what will be best for our own political or personal gain. Let the battle begin!"
Moon reported that a national day of action to oppose the bill is under discussion. "Organising it has to be united, inclusive, democratic and accountable. Lack of unity in the campaign so far has cost us dearly. Demands like 'Equal marriage rights for all', and 'Repeal the ban' have to become our anthem in a sustained campaign against the major parties and the Christian right."
From 91×ÔÅÄÂÛ̳ Weekly, August 25, 2004.
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