A celebration of queer rights in Australia

In Australia we’re in the middle of a campaign for a government survey on whether the law should be changed to allow same-sex couples to marry. The going is really tough, and a lot of us are feeling really shitty: the attacks are coming strong from the No campaign.

But: some positivity. Despite marriage equality not yet having arrived in Australia, we do have a lot of rights, and rights that are worth celebrating. And importantly rights that prove that our equality does not have terrible consequences for society.

Let’s celebrate these rights, and use their existence to argue for further extension of our civil and human rights.

The right to exist

Fundamentally, in Australia, we have the right to exist. The law doesn’t prohibit our existence. For all the hatred we face, the abuse, the violence, our right to exist is protected. Around the world, not all LGBT people have that right protected.

The right to fuck

Sexuality and sex is a core part of [most of] our existence. In Australia we have the right to fuck anyone who can and does consent. Some people engage in sexual violence against people asserting that right. Some put acid in lube dispensers in gay saunas. But none of that removes the right we have to fuck anyone who can and does consent. Around the world, not all LGBT people have that right protected.

The right to form domestic partnerships

Australia is pretty good when it comes to recognizing de facto partnerships — including those between same-sex couples. We’ve established over the pervious weeks that they are not identical to marriages but even so, de facto couples are afforded most of the rights and benefits that married couples are. It’s not perfect, but we do have some of the most progressive de facto rights and protections in the world.

The right to migrate

Spousal migration to Australia is easy. I know: I’ve done it. Admittedly as a white man, but the right to migrate to Australia as the spouse (de jure or de facto) of an Australian citizen or permanent resident is protected, and dependent on (almost) nothing except the status of the relationship. Migration law recognizes the status of de facto relationships where cohabitation hasn’t occurred because of the illegality of the relationship where the couple previously lived.

In practice it can be hard, expensive, and complicated, but the right to migrate with our spouses exists. Few other countries offer this.

The right to employment

Discrimination against a person on the basis of sexual orientation, gender identity, intersex status, or marital relationship status is against the law in Australia. Employers are not allowed to discriminate against us.

They do, of course. But they don’t have the right to do so. And our right is to be protected by law against such discrimination.

The right to transition

Unlike in many places in the world, trans people in Australia have the right to transition. Socially, medically, and administratively. This is not to suggest it is straightforward or that the process of transition isn’t riddled with gatekeeping bullshit, but trans people have the right to live in whatever gender role(s) suit, according to each person’s own determination.

Trans people have the right to receive support to transition, the right to a name change on official documentation, the right to change gender markers on official documentation (including to X if neither male nor female is appropriate). Around the world not all trans people have these rights.

The right to celebrate

These — and other — rights come along with the right to exist openly and freely. The right to celebrate. We have bars and clubs that are not hideaways, but open and public venues that SCREAM queer. We have Mardi Gras in Sydney every year, and politicians incessantly turn up for photo opportunities. There are plenty of problems in the queer party scene, including racism, sexism, and transphobia, and we need to work on that. But we have the right to work on it because we have the right to celebrate.

The right to marry

Coming soon.

The right to marry is an addition to our existing rights, wide-ranging rights that in Australia are surprisingly progressive. It’s right and good that we demand access to marriage, but let’s do so in the context of celebration of our existing rights, and how much these rights add to society.

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Why straight people should say Yes to gay marriage

For most queer people, same-sex marriage, gay marriage, marriage equality, call it what you will is about equal access to a legal institution, and for us equality is important.

For a large part of mainstream society, equality honestly just isn’t that important, and inequality doesn’t affect your day -to-day lives. I know you don’t really care about queer people’s mental health or about queer teens’ suicide rates. Yes, it’s sad, but it doesn’t really affect you, and you’d rather it all just went away.

I know that to a large number of you, the gays are an irritation, an inconvenience. Of course it gives me the shits that you see my existence as an inconvenience, but I won’t pretend it isn’t so, and try to sell you same-sex marriage on a platform of equality, benefit to queers, and #loveveislove.

I know that since we are an inconvenience, you’d rather we just went away, but unfortunately (or otherwise) we are here to stay. Society has tried for centuries to reduce the inconvenience we cause by making us go away, but I think we all realize that we are not going anywhere.

So aside from the equality that we care about, I’d like to share with you how same-sex marriage can help solve some of the inconvenience that you care about.

Admin is a mess

In most states and territories in Australia, there is some kind or relationship register or civil partnership register that unmarried couples can use to register their relationships. Same-sex couples are required to use these registers if they wish to register their relationships. It’s a mess: each state or territory that uses such a scheme has to administer this scheme, as well as administering the recognition of similar interstate schemes and administering the recognition of marriage, which itself is looked after by the Commonwealth. All this jumble, all these intertwined systems could be streamlined and simplified simply by opening up marriage to all couples who want to register their relationships.

Think of all the taxpayers’ money that could be saved. Think of all the red tape that could be done away with. Think of all the extra time, money, and resources that could be put into roads, schools, and hospitals instead of managing half a dozen mostly-equivalent systems that could all be consolidated into the one institution that already exists and is universal: marriage.

Determining next of kin is a mess

When people in same-sex relationships die or fall ill, how much time, money, and effort is spent trying to ascertain who their next of kin is? Lots. Doctors and medical staff spend time and taxpayers’ money trying to find out who should make decisions on a person’s care, when they could be taking care of patients. Taxpayers’ money and administration time is spent in courts trying to determine who a dead person’s next of kin is, who has rights over their affairs. And all of this could be solved by opening up marriage to couples who want to use marriage to manage this.

Barring same-sex couples from marrying costs us all money, and reduces the quality of our healthcare. It’s such a simple fix.

Children are important

Same-sex couples have children. The debate on whether they should or not is a different one, but the fact is: they do. And children of same-sex couples are important. Their lives are important, their childhoods are important, and their education is important.

Children’s lives are easier when the administration of their lives and their education is simple. And that involves recognizing their parents. Marriage makes this super, super simple. It instantly recognizes co-parents, and reduces time and money spent by education systems and other systems administering children’s lives and arrangements. This doesn’t just improve life and education for the children of same-sex couples; it improves life and education for all children. Streamlined education systems with simple admin benefit everyone. Opposition to same-sex marriage is very literally holding your child back.

And aside, if you really do believe that children need a mother and a father, that children of same-sex couples are necessarily at a disadvantage, surely you wouldn’t support putting these kids at more of a disadvantage. Surely you would want to do everything possible to mitigate the effects of that inherent disadvantage. Same-sex marriage does that.

So #VoteYes for you

So straight people, even if you don’t really care all that much about equality, put your support behind same-sex marriage because it benefits you. Even if you actually oppose rights for queer people, put your support behind same-sex marriage because it benefits you. Even if you think queers are a scourge on society, put your support behind same-sex marriage because it benefits society as a whole.

Even if you won’t do it for us, do it for you.