Just Say Yes

 


Yes folks, it’s that time again! It’s that time to pull out my dusty old copy of the Gay Agenda, turn to page 246 of sub-section 39b (the Bi Agenda) and wax rhetoric about marriage equality! Yay, that old chestnut.

Australia, while a wonderful country in many ways, is a little bit backward. Besides the rampant racism and xenophobia, the alarming domestic violence rate, and the existence of XXXX beer, Australia is the land of the seemingly homophobic government. Tim Minchin puts it best in his latest online offering, so I won’t go into why it’s ridiculous that marriage equality isn’t legal. But let me just explore our options here.

In 2004 John Howard’s Liberal government introduced the Marriage Amendment Bill, changing the definition of marriage in the Marriage Act 1961 to state, “Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. Certain unions are not marriages. A union solemnised in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognised as a marriage in Australia” (source). What that means is that the government pretty much sanctioned discrimination based on sexual preference and it was done without consulting the Australian people.

In 2013, however, the High Court found that the Constitutional standpoint of marriage included same sex couples and that basically the federal Parliament has the power to decide to whether same sex couples have the right to marry. Instead, good ol’ Malcolm Turnbull has decided that we should have a plebiscite, even though his government can pass the law if they choose to.

What’s a plebiscite? Well, time to get my nerd on. A plebiscite (ˈplɛbɪsʌɪt,ˈplɛbɪsɪt/) derives from the mid 16th century: from French plébiscite, from Latin plebiscitum, from plebspleb- ‘the common people’ + scitum ‘decree’ (from sciscere ‘vote for’). The sense ‘direct vote of the whole electorate’ dates from the mid 19th century (source, Google dictionary). The word is a noun and its definition is:

  1. the direct vote of all the members of an electorate on an important public question such as a change in the constitution.
  2. a colossal waste of time and $122 million (second definition is the author’s).

Why is it a waste of time? I’ll let australianmarriageequality.org take this one: “… a free vote costs nothing. A plebiscite will become a platform for hatred and division. We elect politicians to make laws, not handball them back to voters. Issues that raise religious and moral concerns are almost always resolved by free votes in parliament, not plebiscites. A plebiscite is not binding so the issue will have to return to Parliament anyway, at which point there should be a free vote. There is more community support for a free vote than for a plebiscite, especially when voters are aware of the cost of a plebiscite.”

Kinda a no-brainer, huh?

Of course, the majority of the LGBTIQ+ community has rallied around the issue, stating that all love is equal, that it’s a human rights issue, and most importantly, that there are other far more pressing issues to put that time and money towards. We are the last developed English-speaking country in the world to legalise it. It’s embarrassing.

But there’s another facet to this issue, a less buoyant, positive, fluffy facet. Yes, love is love. Yes, we should have the right to marry whichever consenting adult we like and be happy. Yes, marriage is not about gender. But on the other side of that truly beautiful coin is the sobering reminder that things can turn shit. Marriages end, dreams die, break ups are horrible and can be really messy, and the unfortunate thing is that in Australia, there’s not a whole lot of legal support for same sex divorce. Our marriages aren’t even recognised for one thing, so it’s stay married forever, or go back to the country you got married in and become domiciled, and then apply for a costly divorce. Break ups are disruptive enough, but the added insult of not actually being able to legally divorce the person one legally married in another country means that closure is deferred, the connection to one’s ex is still active, and salt is rubbed in the open, suppurating wound.

As it stands, my marriage was not taken seriously by some members of the communities I am a part of (much in the same way that my sexuality isn’t taken seriously, but that’s a different post). Therefore, by extension, my divorce is not taken seriously, and that adds to the devastation. My need to cut ties, move on, perhaps even marry someone else is thwarted by this myopic view of a relationship that was very real (if I want to marry a man in the future, I can’t, as I will be committing bigamy in every country in which same sex marriage is recognised). It’s a cruelty on top of an already hurtful situation.

Divorce rituals are important for healing. Many cultures and religions around the world have rituals that are designed to break the bond and ease the suffering of both parties involved. People throw divorce parties. A temple in Japan allows visitors to literally flush their failing relationship down the toilet. I could do all the rituals in all the world, but still, the country I live in doesn’t give me or my ex the option to make it legal. And that’s shit.

I hope that this plebiscite will not go ahead, because there are many, many people that I love (including myself) who will be affected by the inevitably hateful ‘No’ campaign. The anti-marriage equality lobbies that we have in Australia are champing at the bit to unleash their homophobic vitriol upon my community, and this plebiscite will give them leave to do so with relish.

However, I fear that it will go ahead, so I’m throwing everything I have into campaigning for an overwhelming ‘Yes’ vote – even if it isn’t binding, even if the government continue to be a pack of cowards, even if it doesn’t lead to an immediate legalising of same sex marriage, I will still vote yes. I hope all my Australian readers will do so too (mind you, if you’re a regular reader of this blog and you don’t vote yes, my mind boggles as to what you’re doing here).

Once upon a time, I campaigned and protested to have my love recognised. Now I’m campaigning to have the end of it recognised. Equality is equality.

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