23 August 2007

Reform positions of major parties become clearer

It has been just over two months since the Human Rights and Equal Opportunity Commission (HREOC) launched the report from the historic inquiry into financial and work-related benefits and entitlements, Same Sex: Same Entitlements . GLBT lobbyists have been working on the major parties to raise the profile of the HREOC report and to elicit their positions on reform. With the federal election looming now is a good time for a report card on where they stand.

There has never been such a comprehensive investigation into discrimination against gay and lesbian couples and their children in federal law. Over twelve months in the making, the HREOC report documented stories of blatant and widespread discrimination. The report found


•  federal legislation is in breach of the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child

•  58 federal laws currently discriminate against same sex couples and their children in relation to financial or work-related entitlements

•  same sex couples experience significant financial and other hardships not faced by their heterosexual counterparts.

Despite the complexity of the issues, HREOC recommended a simple solution involving changes to the definitions describing de facto relationships to include same sex couples and their children.

Attorney-General Philip Ruddock has indicated that he would take a submission to Cabinet before the federal election, but has not indicated what the submission would propose. It has been clear from the 2005 same-sex marriage ban and the interventions in the ACT civil union reforms that neither he nor Howard favour reform which links the status of same sex couples to heterosexual couples. They look to differentiate same sex and heterosexual relationships at every turn. For example, when t he Government agreed in 2004 to superannuation reform which recognised same-sex relationships, it was in the form of ‘interdependent' rather than de facto relationships.

According to the Sydney Morning Herald (SMH, 12/08/07), Malcolm Turnbull, Minister for the Environment and Water Resources and Member for Wentworth, has embarked on a “personal crusade” supported by backbenchers Warren Entsch, Greg Hunt and Peter Slipper to convince Cabinet to implement the HREOC recommendations. Entsch, the Member for Leichardt in north Queensland , has been an outspoken advocate for reform, particularly on issues relating to Australian Defence Forces (ADF) personnel. He proudly claims administrative changes in October 2005 as an achievement of the Howard Government. Indeed, the ADF amended a number of internal policies to provide some parity for same - sex couples in relation to housing , relocation, travel benefits, leave policies and educational assistance. However, a number of benefits granted to serving heterosexual ADF personnel and veterans governed by legislation remain unchanged. 

Entsch participated in the launch of the HREOC report in Brisbane in July. He advised lobbyists at this event that there was support within the Cabinet for change. Queensland Liberal senator Brett Mason also recently met with lobbyists indicating that Howard and Ruddock's views may not reflect the majority view in the Liberal Party. However, correspondence from GLBT lobbyists to other Queensland members of Cabinet and Parliamentary Secretaries remain unanswered to this date. And on 14th August, t he Howard Government blocked a push by Labor to extend pension rights to the partners of homosexual judges in an amendment to the Judges' Pensions Amendment Bill 2007 . Both Turnbull and Entsch were among those who voted to defeat the amendment.

On the same day that the Government was blocking Labor's amendment on judges' pensions in the House of Representatives, the Australian Democrats tabled the Same Sex: Same Entitlements Bill 2007 in the Senate with the aim of implementing the HREOC recommendations. Later that week, Government senators blocked a formal Senate inquiry into the Bill. But Democrat senators have established an ad hoc committee inviting submissions on the provisions of the Bill and its implementation.

The Democrats have a strong history of advocacy in this area. I t was the Democrats who were able to get changes made in the immigration area in 1991 through an interdependency category that allowed some people in same-sex relationships to migrate to Australia . In 1995 the Democrats' introduced the Sexuality and Gender Identity Discrimination Bill in the Senate , where it has remained occasionally debated ever since. Queensland Senator Andrew Bartlett has been a long time supporter of GLBT reform and was perhaps the only federal politician who walked the Pride march from the city to Musgrave Park this year.

The Democrats were crucial when t he Government agreed to superannuation reform in 2004. And Democrat senator Stott Despoja introduced the Same Sex Marriages Bill 2006 in June 2006 with the aim to reverse the changes that were made in the Marriage Amendment Act 2004 and to allow for civil unions at the Federal level.

Labor supported the Government's marriage ban and continues to defend its policy position on this matter. The national conference of the Australian Labor Party in April 2007 approved a motion declaring the party's stance on same sex relationship recognition for the next federal election. The Labor Party will offer gay and lesbian couples a nation wide registration system, similar to that introduced in Tasmania , but will not countenance marriage rights for same sex couples or civil unions.

When Kevin Rudd met with Brisbane activists immediately prior to the release of the HREOC report he provided in principle support for the removal of discrimination. Queensland Labor Senator Joe Ludwig, Shadow Attorney-General, has consistently repeated the message that Labor will make reform a first term priority if elected to government. This position was re-stated a t a meeting between GLBT lobbyists and the Labor Caucus Social Policy Committee in Canberra on 14 August. Anthony Albanese, Shadow Minister for Infrastructure and Water and the Manager of Opposition Business in the House of Representatives confirmed that Labor will act in its first term if it should win the Federal election. It was Albanese that moved a private member's bill in 1998 in an early attempt at superannuation reform but the Government refused to allow it to be debated. I t should be noted that it has been Labor Governments that have delivered on law reform and anti-discrimination legislation at the state and territory level over the last twenty years.

The Greens have developed a comprehensive and progressive policy around same sex realtionship recognition including legislation for marriage and recognition of de facto relationships regardless of sexuality and gender identity. Greens Leader Bob Brown has called on Prime Minister Howard and Opposition Leader Kevin Rudd to end discrimination against same-sex couples under Australian laws. However, to date, the Greens haven't mentioned the HREOC report in any of their media releases or public statements.

  So, on the one hand, the Liberal-National Government has all the power and opportunity to bring about reform with strong advocates arguing for change, but no public commitment from its leadership. On the other hand, the Labor Party has placed on record a commitment that comprehensive reform of de facto definitions will be a priority in its first term of government and has already tested the Government with amendments on legislation currently in the House. The Democrats are the first to introduce legislation through a private members' bill in the Senate, continuing their long history of action in the area of GLBT law reform.

Rod Goodbun
Action Reform Change Queensland