Read The Times Australia

Daily Bulletin

Why Australians should say 'Yes' to the same-sex marriage plebiscite

  • Written by: Graeme Orr, Professor of Law, The University of Queensland
image

Australians should say “Yes” to the plebiscite on whether same-sex marriage should be legalised, in both senses. “Yes” to the simple question:

Should the law be changed to allow same-sex couples to marry?

And “Yes” to whether that question should be resolved by a direct vote of the electorate.

I’m surprised how many progressive folk are running a mile from the idea of a plebiscite. We don’t have to love a process or think it ideal to make the most of it.

This doesn’t mean we should embrace plebiscites or citizens’ referendums as a form of government into the future. Systemically, that would be flawed. But sometimes, when life gives you lemons, you make lemonade – sweet and sour though it will be.

Why ‘Yes’ to same-sex marriage?

For some years I wasn’t inclined to reforming the male-female basis of marriage. I held both conservative – and radical – ideas about it.

Conservative, in a concern the issue would spill over into claims that marriage then meant a “right” to children. Radical in that, following cues from queer friends, I saw the valorising of marriage as problematic.

But like millions around the world, years of deliberation have reminded me it’s pointless to question the valorising of marriage. It’s deeply socially embedded, and it’s a voluntary union. Nor is it the be-all-and-end-all of “family”. People marry post-child-bearing; people live in de-facto households.

Contrary to Liberal senator Cory Bernardi’s past claims there are no legal floodgates about to break. The marriage question is just the marriage question. The longer we put off resolving it, the longer we are stuck on a symbolic roundabout – a ride homophobes enjoy.

The process of this plebiscite

Now we have the ground rules for the plebiscite, we have all we need to know.

This isn’t like the UK’s “Brexit” vote. The “for” and “against” cases are well-known and long mulled over. And the pathway is now clear.

In times past, progressives would have leapt at the chance to take an issue like same-sex marriage to the people. To sway and affirm public opinion, but also to mobilise and recruit activists. Arguments against this plebiscite seem to come down to money and mistrust.

Money? Yes, it’s a big expenditure (estimated at A$170 million) on a giant albeit definitive opinion poll. But democracy isn’t about efficiency. Yes, public campaign funding isn’t needed, given how long-canvassed – and relatively well-defined – are the issues. But you can still make good lemonade from expensive lemons.

Mistrust? Will we be dragged into an ugly mire? That fear is overblown.

Pessimism is superficially understandable, given the tone of recent political campaigns. But that is party-politics. Pessimism assumes hate cannot be countered, a rather self-defeating position. Why aren’t progressives optimistic about the nous and decency of the bulk of our fellow citizens?

True, the Coalition government plumped for a plebiscite for internal reasons. But to Attorney-General George Brandis and Prime Minister Malcolm Turnbull’s credit, their bill is fair. The question is scrupulous. The bill requires compulsory voting, yet makes it clear informal voting is allowed and won’t affect the definition of “majority” approval.

‘Political constitutionalism’

After years of deliberation, and with opinion polls showing clear and stable majorities in favour of same-sex marriage, why can’t we rely on old-fashioned representative government to resolve this issue?

After all, that’s our tradition. Australia’s “political constitution” was designed to give parliaments as much leeway as possible. Processes where hot-button issues are likely to be decided via quiet reflection by nine old lawyers in robes, or via noisy, state-by-state “citizen-initiated” referendums, are not for Australians either.

Australia has no bill of rights to restrict parliament’s power and send contentious issues to the High Court. And it has no means for citizens (or lobby groups) to draft laws, collect signatures, and force referendums. Both of these approaches were known to Australia’s constitutional founders – and both were consciously rejected.

Representative government is meant to balance democratic instincts with informed, rational debate in cabinet and parliament. Yet paradoxically, it sometimes fails the “democratic” test.

Politicians don’t always follow majority opinion because electoral incentives make them fear vocal minorities likely to change their vote on an issue. That is why same-sex marriage, or for that matter decriminalising abortion, lags decades behind majority opinion.

This is not to argue we should embrace plebiscites willy-nilly. In 2009 I visited UCLA. Helicopters were patrolling student demonstrations against big fee rises, and academics were on four days' pay for a full working week. The best public education system in the world had become imperilled, in large part because citizens had helped bankrupt government by pushing referendums for lower taxes and better services.

Representative government, at its best, is holistic. But occasionally there is an issue that it fails to resolve, and which is simple and discreet enough that a plebiscite is a second-best way through the impasse. Same-sex marriage fits that bill.

Yesterday my local bike vendor quipped:

I’m not voting in a plebiscite, I’m not a pleb!

Latin lives, it seems. The Romans knew a bit about republican government. We are all plebs. However imperfect, let’s embrace this plebiscite.

Authors: Graeme Orr, Professor of Law, The University of Queensland

Read more http://theconversation.com/why-australians-should-say-yes-to-the-same-sex-marriage-plebiscite-65461

Business News

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...

How to Compare Ceiling Fans online before Buying

Comparing ceiling fans online before making a purchase helps you understand how each model will su...

How Does a Portable Power Station for Carvan Adventures Support Smarter Camping?

Why Does Off-Grid Camping Need a Reliable Portable Power Station for Carvan Travel?  People often...

How Ecommerce Order Retail Fulfillment Services Improve Order Accuracy?

Why Order Accuracy Matters in Ecommerce Order Retail Fulfillment Services?  Order accuracy is one...

Transforming Your Backyard for a Sophisticated Milestone Celebration

Hosting a milestone event at home has become a deeply popular choice for Australians looking to cr...

Rubbish Bin Hire: How to Choose the Right Bin for Your Clean-Up

Estimate the Waste Before Booking Clean-ups from renovations, garden clear-outs, office moves and...