SSM and anti-discrimination reform

I, along with 7,817,246 of my fellow Australians, voted in favour of the legalisation of same sex marriage (SSM) in the government’s recent survey. I also announced my support of SSM in print and on television before and during the campaign. I am pleased that my gay friends will now have the opportunity to marry the people they love.

I also believe in freedom; not only freedom of speech and religion but also ‘forgotten’ freedoms like freedom of association. I am concerned about the use of government power to control people’s thought and speech.

However, while I do not think these restrictions are all that is standing between us and an explosion of racism etc, I do accept that my position is likely in the minority — and probably a low priority for the vast majority of Australians.

Attempts by the Coalition government to change section 18c of the Anti-Discrimination Act were not supported by the majority of the parliament, and polls commissioned by the pro-SSM camp suggest that only a small minority support laws allowing individuals in business to discriminate on religious grounds.

The point is not that support for fundamental rights should be contingent on securing majority support. However, having required SSM advocates meet this exact requirement, it is ironic (and no doubt galling) that some are seeking to hold SSM rights hostage in favour of rights that have not met the same requirement.

Moreover, having applied an extraordinary test to the validity of SSM, it is no longer just another battle in the culture wars. It cannot be dismissed as part of a far left push to overturn the values of ordinary Australians. Ordinary Australians have spoken for themselves.

Those in business currently do not have the right to act in accordance with their conscience and belief, or associate with who they wish to. As such — right or wrong — legalising SSM without overturning anti-discrimination provisions does not take from them any rights they currently hold.

On that basis SSM should be legalised within the current anti-discrimination law context. And ‘twere well it were done quickly’.

We can then man the barricades for greater freedom.