The Australian Labor party and its leader Bill Shorten look likely to block what is being labeled as the ‘world’s most expensive opinion poll’ on marriage equality in Australia, possibly leading to a further delay in achieving marriage equality in Australia – however Australian Labor is 100 per cent right to block this expensive, divisive poll.
On the surface of it, and according to some Conservatives, Labor is standing in the way of ‘progressive reform’ but there is more to this poll than meet the eye, and Shorten is right in his position to block the plebiscite, which is a $175m AUD opinion poll of the Australian public. By way of background, from 2007 to 2013 when Labor was in government in Australia we implemented over 200 legislative and regulatory reforms, which under law means LGBTI Australians are treated equally for everything from pensions, taxation and healthcare, to gender documentation, in fact Australia still is one of only very few countries who lead with intersex being a protected attribute in the sex discrimination act, and LGBTI workers having broad discrimination protections – so why block an opinion poll on marriage equality?
The Conservative argument for blocking the plebiscite (which is a non-binding poll of the public, not dissimilar to the Brexit poll) is best articulated by Conservative Senator Dean Smith which is that it is an abrogation of the Westminster system of government and parliamentary duty. Australia has had three plebiscites in over 100 years, two (on conscription in the early 20th century) voted stronger against, yet parliament introduced conscription anyway, and the third and final was on the national anthem, over 40 years ago – hardly issues of equality, rights or social policy.
But the progressive argument for rejecting the poll is more critical; no assurance has been given that the poll is binding on parliament, no legislation has been introduced to show what will happen as a result of a ‘yes’ vote, taxpayer dollars will be given to anti-LGBTI ‘hate’ groups to fund the ‘no’ case, it will cost in excess of $170m, the wording of the question is not neutral (it favours a no vote), the very ballot box is designed to increase informal voting and disenfranchise voters, the anti-equality side has numerous tax benefits the pro-equality side does not, and a seven month campaign against the legitimacy and value of the LGBTI community is too high a price – in effect the means does not justify the end, and the Conservatives are up to their usual tricks. Added to this that marriage in Australia is not a constitutional issue (as opposed to Ireland where it was) – there is simple no need for parliament to have an expensive opinion poll on an issue they can currently legislate on.
Even though consistent public polling shows excess of 70 per cent of Australian’s support marriage equality, and Labor supports this position, the current Conservative government has set up a mechanism to ‘kick the can’ down the road. With the ‘opinion poll’ having no Australian precedent, and it having been set up to fail, Bill Shorten is right when he claims that the Malcolm Turnbull has ‘broken Australia’s heart’ on marriage equality, and is beholden to the right wing ‘Tea party’ element which is rapidly growing in the Conservative party in Australia.
So what next for marriage equality in Australia? Recognising that Australia already has a ‘de-facto’ or civil marriage law, which includes LGBTI couples, there is a degree of legal protection of relationships in Australia already. Marriage equality in Australia differs from the United States and many countries, in that existing legal protections (de-facto) apply to LGBTI couples, Marriage is (while still very important) symbolic more than legal.
Labor committed prior to the last election of introduction a bill within 100 days, and Bill Shorten to his word, introduced a private members bill last week into parliament – given the slim Conservative majority (only a few votes) there is a chance a bill will be debated, although unlikely.
For UK Labour the lesson is to keep vigilant about Conservative attempts to ‘wedge’ – in Australia the Conservative government is baiting Labor about ‘not trusting the opinion of the Australian people’, by not supporting a poll, or telling the LGBTI community that ‘Labor is playing politics with the LGBTI community’ – neither is further from the truth, but both provide a fearful template for ‘Tea party’ and Conservative politics going forward … Brexit anyone?
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Neil Pharaoh was the national co-convener of Australian Rainbow Labor from 2008-2013 and Labor candidate for Prahran in 2014. He tweets @neilpharaoh
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