If gay marriage is too controversial for some federal politicians to handle – with entrenched positions on both sides – why don’t we do what political pragmatists are taught to do, and compromise? Say, with civil unions?

After all – they have civil unions in the UK and NZ and many other countries. To conservatives you can argue that this gives the gays their relationship recognition but still keeps marriage exclusive to the heterosexual club. And to the gays you can argue that it’s a huge step forward – they get their ‘weddings’ now and all the state recognition that goes with them … and that eventually society may feel relaxed enough to move to marriage … one day … down the track.
Seems like the perfect solution for any politician who just wants this debate to go away. Like Prime Minister Gillard for example.
Unfortunately for the political pragmatists, this is a compromise that satisfies no one.
And of the states and countries which have gone down the civil union track, several are now considering them a failed experiment and are debating moving to full marriage equality.
Why? It’s rather simple – having a two-tiered system institutionalises discrimination – a second-class status for gay relationships.
In 2004, the Massachusetts Supreme Court said:
The history of our nation has demonstrated that separate is seldom, if ever, equal. The bill that will allow for civil unions, but falls short of marriage, will result in an unconstitutional, inferior and discriminatory status for same-sex couples.
You get marriage up the front of the bus and civil unions down the back. Rosa Parks knew what that meant.
The argument was best put by the Connecticut Supreme Court:
[B]y excluding samesex couples from civil marriage, the [s]tate declares that it is legitimate to differentiate between their commitments and the commitments of heterosexual couples. Ultimately, the message is that what same-sex couples have is not as important or as significant as ‘real’ marriage, that such lesser relationships cannot have the name of marriage.
Civil unions are not the answer if the question is how do we as a nation resolve to treat all of our citizens equally before the law.
For me, gay marriage equality is a very natural extension of human rights … and this proposition is so obvious that I cannot for the life of me understand how anyone could oppose it.
Or, as the Law Council of Australia puts it :
Legal reform of this nature is not unique; it is the natural progression of rights development as it accords with changes in social practice.
But it has become clear to me now that some Australians believe not everyone should be equal before the law. And they tend to be people representing religious organisations.
Opponents of marriage equality run with many arguments but religious doctrine is the only reason that withstands any serious analysis. Again, many courts in America examined the arguments. All failed the tests of reason and logic except that of religious tradition.
And that fails the test of law. Judge Walker on the Californian High Court challenge to Proposition 8 said that “A private moral view that same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation.”
But lately more and more religious are challenging their leadership on this issue. We have the new organisation formed in Adelaide – Christians for Marriage Equality, fronted by Rev John Maddern - who present a different Christian viewpoint:
We believe that love is a gift from God and that God is in the love we have for one another. We believe that Jesus lived out God’s love in his ministry of acceptance, inclusion, healing and life-changing love for all people. Consistent with that, we believe that where two otherwise unrelated adults love each other and choose to commit to a mutual and exclusive relationship, they should have the same rights and responsibilities under the law, regardless of gender or sexuality.
And that removes any notion that there is a monolithic religious objection to marriage equality.
But I come back to the point – it shouldn’t matter what any religion says about it. Marriage is a civil institution and no church or religion should have the right to enshrine its doctrine in the laws of this country. After all, we don’t live in a theocracy.
Unfortunately for the LGBTI community in Australia, we don’t have a Bill of Rights. We can’t appeal to the courts for protection of our human rights; we must rely on the parliaments for that.
This puts the issue squarely back with our federal parliamentarians.
And unfortunately for Prime Minister Gillard, this issue is not going to go away, no matter how much she might wish it would.
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