FEDERAL MPs have already missed the opportunities of gay-marriage tourism, as New Zealand has moved on, but will a state government stand up, asks Lainie Anderson.
AMID all the darkness in world affairs this week, a happy light shone briefly on New Zealand as federal MPs voted 77 to 44 in favour of marriage equality.
Australia was left looking morally uncertain and lead-footed. And, for the record, missing out on a gay-marriage tourism bonanza worth an estimated $700 million.
But the boat hasn’t sailed.
We know the Federal Parliament won’t move on this any time soon, which means there’s still an opportunity for one progressive and fair-minded Australian state parliament to stand up and be counted.
Could it be South Australia?
This week I thought I’d see where we’re at. What’s the likelihood of same-sex marriage legislation here, and would our politicians back it anyway?
I put out a call via Twitter, email and phone, asking every Lower House MP this question: “Do you support the idea of gay marriage? Yes/No”.
There are 47 MPs in the Lower House. I received 29 votes, and a further two staffers got back to me to say their pollie was on leave.
Significantly, the first vote was from Premier Jay Weatherill, who took time out from meetings with the Prime Minister and Premiers at COAG to tweet “Yes”.
Equally significant, new Opposition Leader Steven Marshall went on the record with a “Yes”, publicly voicing his support for marriage equality for the first time.
However, Mr Marshall was also adamant that same-sex marriage was a federal jurisdiction “and not something the South Australian Parliament can legislate on”.
The responses were overwhelmingly in favour, with 19 of the 29 replying “Yes”. Ten replied “No”.
I believe some – not all – remaining MPs chose to abstain. (I’m convinced one senior Liberal MP pretended to be a staffer on the phone, either to avoid a conversation or to check first with Liberal HQ if he was allowed to offer a personal opinion.)
I accept that for some politicians gay marriage is a lose-lose situation. It’s a controversial debate that divides electorates.
But frankly, this is an important moral issue that will not go away, however much you pretend you didn’t receive the tweet, email or follow-up phone call.
So what’s the situation with current legislation before the SA Parliament?
Labor backbencher Steph Key has a “notice of motion” before the Lower House which merely tests the waters for support. It is not a Bill that would lead to any kind of legislation.
Under an absurd parliamentary convention, any new notices of motion take precedence over current ones. So when Ms Key’s 2012 same-sex marriage notice comes back up for debate on May 2, no less than 30 other items need to be debated first.
This effectively means that without political will to move it to the top of the agenda, the issue won’t see the light of day before Parliament is dissolved for next year’s election.
That’s a great pity, because a wind of change is already blowing across Australia as a result of the landmark New Zealand vote.
NSW Premier Barry O’Farrell has voiced support for marriage equality for the first time and urged federal Opposition Leader Tony Abbott to allow a conscience vote. Significantly, Mr Abbott hasn’t flatly ruled it out.
Constitutional experts say the states have the power to legalise same-sex marriage, but point to conflicts with the federal Marriage Act that could cause chaos on issues such as property rights in the event of divorce.
The only long-term answer for Australia is federal legislation. But that’s not to say South Australian politicians don’t have a role to play.
This state has a proud history of doing what’s fair and right. Every Australian deserves marriage equality – and gay marriage is a no-brainer for our economy, too.
Here’s the good news: the Lower House needs 24 votes to send a symbolic message that South Australia supports same-sex marriage.
In one day we found 19.
Author: Lainie Anderson
Publication: Adelaide Now
Publication Date: April 20 2013