GLBTIQ INTERFAITH & INTERCULTURAL NETWORK [email protected] 19 Lethbridge St, Penrith NSW 2750

13 January 2017

To: 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

Submission to Senate Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill

1. Introduction 1.1. About our network 1.1.1. The GLBTIQ Interfaith Intercultural Network (GIIN) brings together New South Wales and Australian leaders and organisers of Gay, Lesbian, Bisexual, Transgender, Intersex, Queer (GLBTIQ) and ally community groups that are faith-led or culturally led. 1.1.2. As an interfaith and intercultural advocacy network, we speak on the basis of conscience with the authority of our diverse lived experiences of the consequences of religious, cultural and civil (legal) forms of discrimination. Once a precedent of discriminatory practice has been created, it can always be extended to discriminate against additional groups, and we do not wish for that to happen. 1.1.3. Our network consist of leaders from organisations and groups1 not limited to: 1.1.3.1. Asian Australian Alliance - Asian Australian Rainbow Alliance 1.1.3.2. Uniting Network 1.1.3.3. Trikone Australasia 1.1.3.4. Muslims Against Homophobia 1.1.3.5. Marhaba Melbourne 1.1.3.6. Rainbow Catholics InterAgency for Ministry 1.1.3.7. Arab Council of Australia 1.1.3.8. Sydney Queer Muslims 1.1.3.9. Rosh Pinah: An Affirming Orthodox Jewish Network 1.1.3.10. Dayenu 1.1.3.11. Metropolitan Community Church 1.1.3.12. Equal Voices

1.2. An appeal to legislate for Marriage Equality

1.2.1. We appeal to you, our government, to recognise our human rights and the Australian promise of “a fair go for all.” As law-abiding, tax-paying, and voting Australians, we welcome a draft bill that legislates for marriage equality.

1 See Appendix A: Organisational Introductions

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2. Preamble 2.1. Intersectionality of religion and culture

2.1.1. As an ethnic-based and faith-based LGBTIQ advocacy network, we offer our voices to this conversation because the intersectionality of religion and ethnicity/culture is too often overlooked in public discourse on civil marriage equality. Both faith and culture are symbiotic in our lived experiences. These experiences are intertwined, as our members also include those who come from ethnoreligious backgrounds.

2.2. Discrimination toward one group leads to discrimination against another

2.2.1. The Bill’s proposed religious exemptions constitute clear discrimination against LGBTIQ people. The Bill’s proposed “conscientious objections” for secular civil marriage celebrants is problematic because this undermines anti-discrimination protections for people from marginalised populations who seek assistance from service providers. We are concerned that discrimination in the guise of “conscience” has been used against Australians from non-dominant cultural and religious backgrounds in the past. We do not wish to have that ever happen again.

“The Catholic church has also never found it necessary to protect Catholics who conscientiously support the church's position on divorce from being involved in weddings where either or both parties are divorced. If you went looking for a list of florists, bakers, photographers who would not participate in such weddings, you would not find it.” -Rainbow Catholics InterAgency for Ministry

2.3. Our ancestors experienced discrimination in the past based on our ethnicity/culture, and in matters related to marriage.

“As Australians with an Asian background, we have an extensive history of discrimination by, not only people from the dominant cultural groups in Australia, but also by historical governments. These discriminations correlate exactly to cultural, religious and conscientious reasons. We direct readers to the quotes we attach in this submission, to further understand this historical context of marriage under the White Australia Policy”2 - Asian Australian Alliance & Asian Australian Rainbow Alliance

2.3.1. It is a shameful fact that our Australian history includes discrimination against peoples based on their ethnicity, religion, and culture. People of Asian descent have also been discriminated against when it comes to discussions of civil marriage in Parliament, sometimes for religiously motivated reasons. We are obliged to speak out, so that no one else is discriminated against based on ethnicity, religion, or culture.

2 See Appendix B.

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“The lack of marriage equality in Australia is something that affects our members, as any inequality in civil rights would affect the general Australian public, whether they wish to pursue marriage with a same-sex partner or not. Some of our members face isolation from family and community due to their orientation. Marriage equality will help them to build relationships that are protected by law so as to reduce this isolation.” - Sydney Queer Muslims

2.3.2. As a network of LGBTIQ religious and non-dominant cultural organisations, our member organisations can remember a time when our parents and grandparents were ostracised from the right to be able to marry people of other ethnicities, cultures, and religions both overseas and in Australia.

2.3.3. Aboriginal, Greek, Italian, Vietnamese, Catholic, Muslim, and Jewish communities, to name just a few, have a living memory of religious, cultural, civil, and employment discrimination based on 'conscience'. Racism itself often has had a religious justification. Interracial marriage was initially decided on 'religious principles' and ‘conscientious’ grounds (as seen in the United States case of Loving vs Virginia).

2.4. We believe that all adults should be allowed to marry the consenting adult whom they love.

2.4.1. We look to you, our government, to provide for a fair and equal society, especially in regards to all aspects of civil law. Just as civil law aims to protect the freedoms of religious and cultural communities, LGBTIQ protections are equally necessary. As LGBTIQ people with diverse religious and cultural backgrounds, our voices are just as important as those of any other Australians. Our need for equal freedom and the legal protection to live our lives with dignity includes equal ability to build our families. Marriage is an essential part of family life for many Australians. Equal ability to contribute to Australian society as part of a recognised family unit includes marrying the person we love and to be recognised as legally married in Australia. We thus strongly support marriage equality in Australia, as well as for the Bill’s recognition of overseas marriages without discrimination based on the sex and gender of the couples.

“At the moment many members are depressed by the current political and media debate about same sex marriage and wish to marry their partner before they are too old eg. dementia or die due to their age. It is important to every aged gay man and woman that they can provide a commitment to their partner through marriage before they die.” - Metropolitan Community Church Granville Western Sydney

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2.5. Marriage equality honours our families

2.5.1. As people of diverse cultural descent, many of whom have migrant heritage, our families are vitally important to us. To be recognised within the family structure is a cultural necessity for our survival. Just as there is no longer any credibility to those voices which deny the existence of LGBTIQ people in any part of the Australian community, there is also no credibility to those who say that all people who come from migrant families and backgrounds reject LGBTIQ people and their relationships. Our members are living witnesses of migrant and culturally diverse Australian families who accept and celebrate same- gender, loving, committed couples into our family and community structures. Our members include those who have not only had a cultural or religious blessing on their relationships, but also those who have had the gift of nurturing children. That our families recognise us, and yet not our government, is beyond our families’ comprehension and harmful to our communities.

2.6. Broad, long-lasting, positive consequences of marriage equality

2.6.1. Combats religious and cultural intolerance, phobias and extremism

2.6.1.1. As LGBTIQ people of faith and non-dominant cultural backgrounds in Australia, we experience discrimination from within our communities due to lack of education and residual attitudes from Australia’s history of discrimination against LGBTIQ people. Anti-LGBTIQ attitudes are often justified within our communities by those who say, “if even the Australian government does not recognise you or your legitimate place in society, then why should we?”

“Marriage is a vital aspect of South Asian culture and is the most widely recognised form of partnership among heterosexual South Asians. When GLBTIQ South Asians living in Australia can legally get married, their relationships will enjoy a greater legitimacy among their families and relatives - many of whom may still be residing in their home countries. This legitimacy will, in turn, help improve the opportunities for LGBTQ South Asians and their respective spouses to be recognised and accepted by their extended families.” - Trikone Australasia

2.6.1.2. An often overlooked fact is that our religious laws are influenced by the interaction necessitated by the “law of the land.” In our cultural and religious groups, the “law of the land” meets with our ethnic and religious customs to become part of the acculturation process (e.g., the symbiotic meeting of Australian culture and Asian culture).

2.6.1.3. Civil law, in choosing to protect its culturally and religiously diverse LGBTIQ citizens, by recognising all relationships as of equal worth in the eyes of the law, will assist us in actively combatting cultural and religious intolerance and extremism directed against LGBTQI people within our communities.

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2.6.1.4. Beyond dealing with homophobia, heterosexism, bi invisbility, transphobia, cisgenderism, and intersex exclusion, LGBTIQ citizens also face various forms of racism and anti-religious vilification based on their ethnicity, culture, and religion. In addition, LGBTIQ Australians often face unique forms of discrimination due to the intersection of their sexuality, relationship status, gender identity, and intersex status with their ethnicity, culture, and religion. 2.6.1.5. We believe that recognising all relationships and treating all couples equally under civil legislation, regardless of sexuality, gender identity, or intersex status, is a matter of human dignity and social justice that contributes positively to Australian society. In particular, we believe that equal civil marriage recognition will promote social cohesion, greater community engagement, and social harmony.

3. Addressing points of the Bill

3.1. Support for a change in the definition of civil marriage and to recognise overseas civil marriages

3.1.1. We strongly support the draft Bill's proposed change to the definition of civil marriage from "man and woman" to "2 people", which includes LGBTIQ couples.

3.1.2. In a globalised world, many of our members have strong and enduring ties with communities overseas. Many have migrated and made Australia home, including couples who have been married in countries where civil marriage equality has been legalised. Some have suggested that they would consider leaving Australia if their same- gender marriages are not recognised; this ‘brain drain’ would adversely affect the Australian economy. Thus we strongly support the Draft Bill's proposed recognition of previous foreign same-sex civil marriages.

3.2. Civil marriage equality does not impact religious practices

3.2.1. LGBTIQ faith organisations are an integral part of our Interfaith and Intercultural Network. We recognise that this proposed Bill is about civil marriage law and not about religious marriages. Civil marriage equality will have no impact whatsoever on our religious groups' abilities to practise their religion or rites in relation to religious marriages. Furthermore, civil marriage equality will uphold the religious freedoms of our members who wish to solemnise same- gender civil and religious marriages.

3.3. Religious Freedom

3.3.1. Religious freedom is important for society and should be protected. We are satisfied with the protections that already exist in civil law guaranteeing religious freedoms. It is unnecessary to propose additional legislation within a Bill that does not affect religious marriage recognition. When speaking about religious freedom, it is

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important to remember that civil marriage equality advances the religious freedom of LGBTIQ citizens of faith, as well as those celebrants, religious organisations, and faith leaders who wish to celebrate the loving relationships of LGBTIQ citizens.

3.4. Bill must not target same-gender couples and LGBTIQ citizens

3.4.1. The religious freedoms provided for in the Bill addressing civil marriage equality should encompass all aspects of religious marriage, rather than deliberately excluding same-gender couples. This is clearly discrimination towards LGBTIQ people. We do not wish to enshrine into civil law any discrimination against a specific group of people, particularly when this discrimination is enacted in the name of religion. Such action is an affront to the religious and conscientious freedoms of LGBTIQ people of faith and religious people who support marriage equality because of their faith’s teachings.

3.5. Civil marriage as matter of the separation of religion and state

3.5.1. The Draft Bill proposes that civil celebrants be allowed to refuse to marry couples that are not a man and a woman. This exemption should be removed - there is no place for discrimination in a civil service performed on behalf of a secular state. Internationally, very few of the countries who have introduced civil marriage equality have allowed civil celebrants to discriminate against same-sex couples.

3.6. Protection of Religious Celebrants

“Point 4, 6 & 7 of draft submissions. That it is discriminatory that civil celebrants be permitted to refuse to marry same-sex couples, that in addition, that Ministers of the Metropolitan Community Church, be appointed a religious celebrant under the Marriage Act to marry same-sex couples as is the case for the mainstream Churches. Further that the Metropolitan Community Church be permitted to conduct same-sex marriages in their churches.” -Metropolitan Community Church

3.6.1. Religious celebrants are already allowed to discriminate on the basis of their religious doctrine or principles. The draft Bill gives license to both ministers of religion and civil celebrants to discriminate on the basis of 'conscientious belief', even when their objection to same-sex marriage is not linked to religious doctrine or principles. This exemption should be rejected and removed from the bill. This new basis for discrimination in Australian law sets a dangerous precedent in the name of religion. 3.6.2. There are entire religious communities and organisations that support marriage equality because of their faith and religious beliefs. These communities and organisations are currently being discriminated against by laws prohibiting them from conducting same-gender marriages according to either religious and civil rites under Australian law. This incursion into our member organisations’ religious freedom is unacceptable and must be rectified.

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3.7. Bigotry under the guise of cultural & religious objections

3.7.1. LGBTIQ people from culturally, linguistically, and religiously diverse backgrounds have experienced bigotry and exclusion under the guise of cultural, religious, and ethno-religious discourses over many decades.

3.8. Conscientious belief

3.8.1. We remember the firsthand experiences of our forebears from non- dominant cultural and religious groups during Australia’s racist and sectarian past. During this time, religion and antiquated notions of race were used as bases for collective discrimination, including the denial of interreligious and intercultural marriages. Based on this history, the proposed exemption for civil servants based on 'conscientious belief' is a dangerous step that we oppose in the strongest terms. We caution that this exemption will set a new precedent that will promote multiple forms of discrimination.

3.9. No further discrimination

3.9.1. The Draft Bill proposes that religious bodies and organisations be permitted to refuse to provide facilities, goods, or services to LGBTIQ people for their weddings. This exemption is harmful, unnecessary, and dangerously broad in scope. Given the existing broad religious exemptions in federal anti-discrimination legislation, we are deeply concerned that the term 'bodies and organisations' is not clearly defined. We believe this exemption will lead to widespread discrimination against LGBTIQ people in public accommodation, goods, and services. This exemption should be removed from the Draft Bill.

Conclusion

As a broad and non-partisan network of interfaith and intercultural organisations, we ask Committee members from across the political spectrum to work together to enact civil marriage equality without further delay. We thank the Senate Committee for your time in reading our submission. Please do not hesitate to contact us if you wish to discuss aspects of our submission.

On behalf of GIIN - GLBTIQ Interfaith & Intercultural Network Yours sincerely,

Francis Voon Dr Gavriel Ansara Co-Convenor, AAA-AAuRA Founder, ROSH PINAH

Benjamin Oh Chair, GIIN- GLBTIQ INTERFAITH & INTERCULTURAL NETWORK

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Appendix A: Organizational Introductions

1.1.3.1. Asian Australian Alliance - Asian Australian Rainbow Alliance (AAuRA) Asian Australian Rainbow Alliance is the LGBTIQ caucus of the Asian Australian Alliance. Asian Australian Alliance is a grassroots, community based network, advocating on issues common among the Asian Australian community, with the purpose of challenging policies and pushing for change to create greater diversity and representation of Asian Australians in mainstream society.

1.1.3.2. Uniting Network: Uniting Network Australia is the national network for lesbian, gay, bisexual, intersex and transgender people, their families, friends and supporters within the Uniting Church in Australia. We proudly participate in helping the Church wrestle with issues of faith, sexuality and membership and work for greater inclusivity within the Church

1.1.3.3. Trikone Australasia: Trikone Australasia is a Sydney-based community organisation that provides social support and a safe, nurturing environment for lesbian, gay, bisexual, transgendered and queer (LGBTQ) people of South Asian origin living in Australia. We regularly organise events, host meetups and plan social outings to encourage networking within the group, as well as showcase queer South Asian talent to the wider community.

1.1.3.4. Muslims Against Homophobia, Australia: Muslims Against Homophobia is a group challenging homophobia within Muslim communities while encouraging acceptance and understanding within GLBTIQ communities in Australia. The group is working with Muslims of all ages and supporting our youth we participate in GLBTIQ events to accomplish our objective of supporting GLBTIQ identifying Muslims, reducing isolation and establishing new networks within the community.

1.1.3.5. Metropolitan Community Church, Good Shepherd, Western Sydney: Metropolitan Community Church, Good Shepherd, Western Sydney is a church that was started in the gay and lesbian community and welcomes and includes all people from different faiths and all the community. Our Church, the Metropolitan Community Church was commenced in 1968 in the United States by the Reverend Troy Perry who was excluded from his own denomination because he was homosexual. The Church he created now has over 200 ministries throughout the world and was initially for gay and lesbian people but now includes all the community. The Metropolitan Community Church has Churches in Australia in; Paddington, Petersham, Granville, Melbourne and Brisbane

1.1.3.6. Marhaba: Marhaba is a social group that focuses on the welfare of LGBTIQ Muslims in Australia. It offers a welcoming and confidential space for people to share stories, celebrate their sexuality and retain their faith and spirituality.

1.1.3.7. Rainbow Catholics InterAgency for Ministry: Rainbow Catholics InterAgency for Ministry (RCIA) is a national group of Catholics in ministry with LGBTIQ Catholics. We are a community of practice creating a space for mutual support and reflection on the best way forward for LGBTIQ Catholics and allies. We support marriage equality in the civil law because we believe in a God who taught and lived what it was to Love. Our Catholic Social Teaching espouses justice principles of equality, inclusion and non-discrimination require us to do so and we are very aware of the pain of LGBTIQ people in Australia over this matter.

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…continued (Appendix A)

1.1.3.8. Arab Council of Australia Arab Council Australia is a secular non-profit independent community organisation working to bring about social justice and improve the lives of the most vulnerable people in the community. Council is based in Sydney, New South Wales, where the largest population of Arab Australians lives. Council networks widely and works in partnership with government, non-government and other structures. It plays a pivotal role in coordination, advocacy, and leadership, information dissemination and in developing and providing a range of welfare services, activities and events to the community.

1.1.3.9. Sydney Queer Muslims: The Sydney Queer Muslims group represents members of the LGBTIQ community who identify themselves as Muslim. This group was instigated in in 2013 as a small secret Facebook group with handful members. Which has increased around 40 in numbers now, and mostly from metropolitan Sydney areas. The Syd QM has a clear view and plan to expand its supports with more visibility in future. The aim of SQM is not to engage in Islamic theology but to provide a safe space for members to socialise, share information and provide support to those who are struggling with this dual identity. We understand the complexities our members face having this dual identities and as such, we conduct all our activities to ensure the privacy and safety of our members are not compromised.

1.1.3.10. Rosh Pinah: Rosh Pinah is an affirming Orthodox Jewish network for people with same-gender loves and intimacies regardless of relationship status, women and men of trans experience regardless of appearance or identity documents, people with non-binary genders and/or who are non- gendered (agender), and people born with intersex bodies. We also provide support and guidance to Jewish community leaders and loved ones. Although we began in Australia and are currently based in Australia, our network includes people around the world.

1.1.3.11. Dayenu: Based in Sydney, Australia, Dayenu exists to meet the needs of Jewish gays, lesbians, bi- sexuals, trans and intersex people as well as their friends, families, partners and other supporters. We provide outreach through education, information, resources, social activities and other events.

1.1.3.12. Equal Voices: Equal Voices is a movement of Australian Christians responding to the call of Jesus to be reconciled with one another in the body of Christ. We acknowledge that the church, globally and locally, has often failed to be Christlike, and has been flawed in its understanding of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) realities and experience. We are a non-judgmental, non-denominational, ecumenical body of Australian Christians who seek to work for reconciliation and to equip LGBTIQ people and their friends and advocates to bring into being a truly inclusive and welcoming Australian church.

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Appendix B:

Further reading to the Historical Context of Marriage under the White Australia Policy provided by the Asian Australian Alliance and Asian Australian Rainbow Alliance:

http://www.abc.net.au/news/2011-07-01/croomemarriage/2778326

http://www.racismnoway.com.au/teaching-resources/factsheets/59.html

http://www.naa.gov.au/collection/publications/papers-and- podcasts/immigration/white-australia.aspx

"Once the Chinese were perceived as an economic threat, the belief in Anglo- Saxon superiority quickly turned Chinese customs into conclusive proof of oriental infamy. Primary among the non-economic factors was Chinese sexual activity ... "The 'right to marry' was never far from the minds of Australia's legislators when they proposed restrictive measures. Henry Parkes raised it in 1888. The first Labor prime minister, J. C. Watson, could not have been clearer when he told the House of representatives in 1901: 'The question is whether we would desire that our sisters or our brothers should be married into any of these races to which we object'. A subsequent interchange between two opposing non-Labor members showed that all three parties were united on this issue. When Mr Lonsdale, a Free Trader, stated 'We don't want them to marry our white women', Alfred Deakin, Protectionist, immediately agreed: 'No we want them to go back to China and marry there'. Intermarriage was subversive of the racial purity that the White Australia policy was designed to maintain. Those who think that 'White Australia' was purely economic could ponder this extract from the Wagga Hummer of April 1892 in which a William Lane [wrote] ... If this is a wicked thing to say, then I am one of the wicked ones, and don't want to be good either; and I'd pray daily to be kept wicked if I thought there was any chance of my ever getting to think that the colour didn't matter" (Humphrey McQueen (2004). A New Britannia (revised ed.). Univ. of Queensland Press. p. 35-36. ISBN 0-7022- 3439-7)

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