Page 3498 - Week 11 - Wednesday, 22 October 2014

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Question put:

That the amendments be agreed to.

The Assembly voted—

Question so resolved in the negative.

MR RATTENBURY (Molonglo) (5.17): I thank Ms Berry for introducing this motion today, which brings the issue of marriage equality to the Assembly for discussion again. It is relevant for us to discuss this again because there are many members of the ACT community who identify as lesbian or gay, bisexual, transgender, intersex or queer, and those Canberrans—our own constituents—continue to face discrimination in that they are unable to marry the person they love and have that marriage formally recognised. Many LGBTIQ Canberrans are hurt because they want to marry and they cannot. Others do not even want to marry, but the law is still a hurtful symbol of discrimination. It says to these people, “Somehow you are not equal to others and the laws of the country will let other people marry, but not you”. I think that is an entirely unfair, unsatisfactory situation that we must continue to talk about in order to bring about change.

The territory, of course, made an effort last year to legislate to allow marriage equality in the ACT. I was very supportive of that effort because historically the Greens have been strong advocates for action in this area. It was Christine Milne’s bill that decriminalised homosexuality in Tasmania in 1997 after more than a decade of campaigning and negotiating, and the Greens have consistently advocated on marriage equality for the almost two decades since then, introducing legislation to parliaments all around the country and driving the political push for change.

The ACT made a proud effort in 2013 and passed the Marriage Equality (Same Sex) Act. It certainly inspired and galvanised a lot of people; it moved the debate forward, and for a short and very special time it allowed same-sex couples to marry in the ACT. For many of the advocates and activists who have worked on this issue with great commitment, it was a very special moment and a recognition of their efforts.

Legally it was an extremely tricky area, but there was a good chance—based on a variety of legal advice—that the ACT laws would survive legally and we would actually be an Australian jurisdiction that genuinely embraced equality. I take the opportunity at this point in my remarks to reflect on the comments Mr Hanson just made, particularly the fact that he cited the opinion of Brian Greig. I simply and respectfully disagree with Brian Greig’s comments. He is entitled to make them, and I think it speaks to a place where there clearly were different views. I was certainly

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