Committee Secretary Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill Department of the Senate PO Box 6100 Canberra ACT 2600

Dear Senators,

I am writing to address my concern with Australia’s obstinate refusal to extend the ancient right of marriage to all citizens. If such prejudice is enforced by the bodies of state, such force as is appropriate is created to suggest that the difference of the love between two people is wrong. We, as a people, are better than that. Australians are a compassionate people, a fair people, and a loving people. Whether teachers, shopkeepers, or soldiers, we respect those around us. We, sometimes inappropriately, joke about our problems; thereby the labourer is equal to the Prime Minister. Unfortunately, this is not a joke. Too many people are suffering because of Federal policy.

On the 26 May 1992, twin boys were born into the Bruno family in Perth. Much loved by their family, both boys were brought up with the same values, beliefs and rights. In their teens, one of the twins, Jordan, started realising he was different. Although he looked identical to his brother, he could not help but shake that he did not belong. When Jordan realised he was gay, he felt so ostracised by his community and even his own family to a certain extent that he thought he was not worthy and did not deserve a family or marriage. Two identical boys now share the struggle of only one being allowed to marry while the other is not. A loving family will only be able to attend one of the twin’s marriages because the other is simply not allowed to be married. Jordan Bruno, now a reality TV celebrity after appearing on My Kitchen Rules in 2016, is now fighting for Marriage Equality in Australia. Jordan feels that it is important Australia is allowed same-sex marriages in order to send a message to the LGBTIQA+ community that all people are the same, everyone deserve the same rights, and that the Australian queer community is unique and can help move Australia forward. Jordan and his brother are both in long term relationships with their significant others and hope to both one day marry their partners and live loving and fulfilled lives. In a modern nation such as Australia, Jordan and the many Australians in similar situations should be given that right.

It is because of thousands of similar stories from LGBTIQA+ individuals and their families that I believe Australia needs to move forward and support marriage equality. The community is tremendously valuable to the broader Australian one and a person’s sexuality is simply not good enough a reason for discrimination. As a member of the , I believe that anti-discrimination laws are necessary to protect the Australian the LGBTIQA+ community. These laws will help protect the community from mental and physical abuse as well as give then support in the knowledge that their country cares about them.

Marriage equality within Australia will help promote a greater sense of togetherness, love, acceptance and hope. Young LGBTIQA+ members will no longer feel discriminated against and isolated because of who they love. Same sex couples should be allowed to marry for the same reason opposite-sex couples do; love. Love is one of the strongest forces that can bind people together and unite others. It is shown to improve mental and physical health as well as brig about a sense of equality. Same sex couples also deserve the same legal securities offered to opposite sex marriages and the right to publicly celebrate their commitment and to provide greater legal protection for their children.

Marriage equality would allow same-sex married partners to easily prove their legal rights if they were necessary in an emergency situation. This is particularly important in same-sex partners as the ability to quickly prove one’s relationship status can mean their legal rights will not be denied. Moreover, marriage is a widely recognised legal relationship and ones sexuality should not hinder a chance to celebrate a loving union.

Same sex marriage is also important to me, as I believe it will provide a greater sense of involvement and equality. A change in the law would allow all people to be included in a universal and valued institution of marriage and give friends and family a greater range of social and cultural benefits. Marriage increases the commitment in a relationship as well as the sense of responsibility and the strength of that relationship. Children are better off after a marriage as it provides extra protection and enhances feelings of stability, acceptance and security. Same sex marriage would also distribute participation and acceptance within the wider community.

Without same sex marriage, I believe that there is a message sent out to the community that discrimination on the grounds of sexual orientation is acceptable. I will not stand for such a negative image and I stand with my party in saying that same sex marriage is needed in Australia. A negative message would foster prejudice, unequal treatment and discrimination towards the LGBT community and those in same sex relationships.

Civil unions are not enough for the LGBTIQA+ community of Australia. Civil unions do not offer the same legal benefits as marriage despite the law stating that it should. This can be due to the fact that same sex relationships are not as widely understood or respected. This lack of recognition also becomes a problem when civil union partners travel internationally or inter-state. It is important to understand that legal unions other than marriage do not give same-sex couples the same social and cultural recognition that goes with marriage. Because civil unions are not up to the same level as a marriage, this once again creates an unnecessary divide and promotes discrimination towards same sex relationships.

Nor is a plebiscite the answer. As an Australian Greens party member, I stand against Prime Minister Turnbull’s proposal for a divisive and expensive plebiscite. For over a decade, the Greens have pushed for a free vote on marriage equality and we will continue to push this notion forward. We will continue to oppose any plebiscite, with a view to avoiding the divide which it would create among the Australian people, not least because of the inevitable homophobic acts and slurs which would be aimed towards the LGBT community. We will instead continue to advocate for a free vote in Parliament.

Australia could become a shining example for the rest of the world to follow. Love, no matter where it comes from is valuable and special. It must be protected and nourished. I know how it feels to be in love as I have recently married overseas. To feel such joy when I look upon my partner’s face is enough to make anyone want the same for their own family. The acceptance of all types of love is what Australia needs now as our population, cultural diversity and people grow. If we nourish the changes Australia is facing with love, we can achieve a strong community based on respect, understanding and mateship.

About Lynn MacLaren

I have long been an advocate for marriage equality and my fellow Greens members have stood together in our determination to drive Australia into the future and bring about same sex marriage. In 2013 I introduced a private members’ bill for State-based same sex marriage. I am regular invited to speak at rallies and work with like-minded members of the community and from my own party to come up with ways that the current government can adopt marriage equality laws. I feel supported and understood by my party and by those who support my work and I am dedicated to influencing positive change in the lives of all Australians, regardless of who they love. I believe that same sex marriage in Australia will act as a platform for understanding and acceptance; it is something so desperately needed in Australia not just for youth and the older community, but children as well. I am a strong supporter of Safe Schools as I believe it has the power to change, but most of all, to save people’s lives.

I proudly stand side-by-side with my Senator Janet Rice and her push for same sex marriage. Being in one of the only few legal same sex marriages in Australia, she has clearly demonstrated, along with her partner, that the world did not crumble and the oceans did not boil over because of their union. Senator Janet Rice and her marriage with Penny has paved the way as a role model relationship showing Australia that love is equal and it is time to move forward towards greater acceptance.

Exemptions for Ministers of Religion, Marriage Celebrants and Religious Organisations

I believe that there should be no exemption in the Exposure draft for ministers of religion, marriage celebrants to refuse the conduction or solemnize marriages on the basis of ones sexuality or sexual preference. A loving union of two people is something that should be celebrated regardless of how those individuals identify themselves. There is no one superior sexuality, all types of love between two people are equal and should be supported. I stand against successive Labor and Coalition governments who maintain exemptions for religious organizations, such as hospitals who turn away gay employees and faith based shelters that turn away transgender residents.

There should be more movement to promote love within Australia instead of discriminating and isolating people because of something that they cannot change about themselves. Granting exemptions to marriage equality promotes the message that discrimination based upon sexuality is socially acceptable and endorsed by the Commonwealth Government. Therefore, I cannot support such provisions in the exposure bill.

Proposed Amendments to the Bill

As I have already stated, I oppose any exemptions that allow Minister of Religion, Marriage Celebrants or Religious Organisations to refuse to perform marriage ceremonies based upon the sexuality of the couple getting married. I therefore propose the following amendments be considered:

Delete Section 5 of the Exposure Draft

Delete Section 6 of the Exposure Draft

Delete Section 8 of the Exposure Draft These amendments would remove exemptions for Ministers of Religion, Marriage Celebrants and Religious Organisations that would allow those parties to actively discriminate against LGBT couples with the support of the Commonwealth Government.

The removal of these sections would produce a bill that would be more amenable to members of the Australian Greens. More importantly, these changes would ensure a fairer bill that demonstrates that the Commonwealth Government is committed to achieving equality for LGBT Australians. This amendment would ensure that all Australians are treated equally under the law, regardless of their sexuality or who they choose to marry.

Summary

Marriage is an important societal tradition that promotes love and acceptance. Since the amended the Marriage Act, Australia’s marriage laws have purposefully discriminated against LBGT individuals. This Commonwealth discrimination provides justification for members of the public to also discriminate against LBGT individuals. Australia often leads the world in many respects. South Australia was one of the first jurisdictions in the world to allow Women the right to vote. However, we are falling well behind our peers on equality for LGBT individuals. The United States, Canada and New Zealand all allow people to marry regardless of the gender or sexuality. Even traditionally conservative nations such as Ireland have endorsed marriage equality. It is now Australia’s turn. We must break from a culture of discrimination and begin promoting equality, with the Commonwealth Government taking the lead.

In supporting this equality for our citizens, we must not provide exemptions to equality. No one should have the right to discriminate on the basis of sexuality or gender, least of all those we trust with the important societal tradition that is marriage. Any bill supporting marriage equality must not provide loopholes to those who wish to undermine it. I therefore hope that you will take into consideration the amendments to this bill that I have proposed which will not only make this bill more equitable, but will also likely smooth its passage through the parliament.

Yours sincerely

Hon. Lynn MacLaren MLC Member for South Metropolitan Region

13 January 2017