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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No hate mail, please

Followers on Instagram and twitter may have seen I have updated my mailbox, adding a “No anti-marriage equality material” sticker next to the “no junk mail” sticker.

If you want your own that looks like mine, here is the PDF printable format (click the link). Print, laminate (if you like) and stick it on your mailbox.

This is a very small gesture, but I have stuck this on my mailbox for a couple of reasons. Firstly, I don’t want homophobic hate mail in my letter box. I don’t expect this will actually prevent this, but it might. Secondly I am marking my home as queer, or at least queer-friendly. In the past I might have been afraid to do this out of fear of threats to my physical safety and to the security of my home. Now I don’t care; I think it’s more important to be visibly queer, to send messages that we are everywhere, and that we are not going away.

This also, I hope, sends the message that objecting to receiving homophobic hate material is a normal and reasonable thing to do, that this ‘debate’ on marriage rights in Australia does not have to be balanced, and that we have no obligation to ‘hear both sides’.

Stay strong, comrades. xx

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Enough already with #loveislove

A lot of same-sex marriage advocates really like the hashtag #loveislove. I don’t. It’s harmful.

Today deputy leader of the opposition, Tanya Plibersek, tweeted this in support of same-sex marriage in Australia:

It irritated me quite intensely. Partly because that’s not what same-sex marriage (or marriage equality, call it what you will) is; and partly because of the harmful message it sends.

Amending the law to allow same-sex couples to marry is simply a question of giving same-sex couples equal access to a legal institution. Nothing more, and nothing less. Amending the law is not about recognizing love: weddings (well, most) do that; the legal institution of marriage does not. We are not asking that the government recognizes the love involved in many of our relationships, or that the government supports the love involved in many of our relationships, we are simply asking that the government provides us with equal access to the legal institution for formalizing our relationships.

I feel like I am repeating myself too much, but it irks me that something so simple seems to be so widely misunderstood.

Facts aside, #loveislove seems like pretty good rhetoric to convince people to support same-sex marriage. And oh, how harmful that rhetoric is.

#loveislove says that we should be given equal access to a legal institution because we deserve it. Not that all legal institutions should be equally available to all, but that equal rights are for those who deserve them.

#loveislove invites people to base their willingness to allow us equal access to a legal institution on their opinion of the validity of of our relationships. It invites them to judge that our love isn’t real love in their eyes and deny us equal rights based on that.

#loveislove sets conditions on our equal access to a legal institution. It says our marriages should be based on love – when the law does not (the law says they must be genuine, for life, and exclusive – all of which I disagree with, but that’s another matter).

Worst of all #loveislove erases the queerness of our relationships. #loveislove demands our relationships be based on a heteronormative model of two people who love each other forming a monogamous life-long relationship, when a very large number of queer relationships are just not like that. #loveislove sets up gatekeepers of equal access to a legal institution, and gives the respectable gays the keys, keeping the scandalous queers out. It sets whatever exists of the queer community up against itself, and can only ever make our demands for equal access to a legal institution weaker.

So can we kill off #loveislove? Can we give up asking for permission? Can we demand equal access to a legal institution based simply on the fact that we are people, and without placing conditions on ourselves?

I hope so.

Conflicts on same-sex marriage

I just found this in my drafts on my Google Drive from August 2014. I probably meant it to be the bones of a piece with sentences and paragraphs and everything, but looks like I could never be bothered to actually write it. (I think the original question was on Q&A). Here it is in its unedited form.

Note the question used “gay people”, so I used the same in the response. I’d normally use “queer people”. See an earlier post for my thoughts on the term for marriage that includes queer people that I refer to here as “gay marriage”.

Why do so many gay people want to be assimilated into the heteronormative-archaic-patriarchal construct that is marriage?

 

  • We don’t
    • Rich vocal minority with means and funding to campaign loudly on this issue make it seem like more gay people see this as a major issue than actually do.
    • Well-meaning straight people with influence see this as an easy cause to get behind.
    • Actual major issues affecting gay people are where the less-vocal majority of gay people actually want to see change:
      • Homelessness, particularly for young gay people
      • Employment
      • Education
      • Access to relevant health services – including sexual and mental health, and especially aged care.
      • Societal, rather than legal change
      • Protection of our culture/subcultures
      • Not being called a poofter on national television or being told by boss to move to New Zealand
    • Underground gay culture is still strong – most gay people really do reject heteronormativity.
  • We do, but we shouldn’t
    • Marriage is a form of social control – government regulating our relationships
    • Gay marriage means more discrimination; not less
      • Immigration (ref UK Home Office guidelines)
      • Treatment of trans people
      • Treatment of poly people
      • Adoption rights
      • Increased stigma to unmarried people – including unmarried couples (of all orientations), single parents
      • Creation of a ‘gold standard’
    • Gay marriage is an attempt to stifle our liberation – by regulating our relationships, our oppressors make us less free; not more free.
    • Marriage is promoted as a right, but in reality it is a civic duty – our responsibility to ensure our relationships follow the approved format
    • Gay marriage creates a public register of gay people that can be used against us by those who would harm us.
    • The whole fucking system is bollocks
  • We do, and we should
    • The law shouldn’t discriminate
      • BUT it still does, indirectly.
      • BUT just because it doesn’t discriminate against us doesn’t mean it doesn’t discriminate against anyone.
    • Family is universal – our desire to form family units that fit within our wider culture is not assimilation – it’s an expression of our relationships being a valid and important part of society
    • Our relationships are normal, not subcultural, and society should recognise that
    • We actually just want the legal rights afforded by marriage, and we reject the archaic patriarchal nature of traditional marriage
    • We can’t completely eliminate societal discrimination if we don’t eliminate legal discrimination
      • Gay marriage, while not perfect, is a definite step in the right direction.
    • We shouldn’t ignore the inequality of discriminatory marriage laws just because there are also worse issues affecting gay people
    • We like the idea of having a wedding and all the cultural tradition that comes with it
    • It’s also just, at it’s most basic element, a certificate and official recognition that two (or more) people  love each other.
    • Some of us want to get married, and that should be reason enough

Versions of gay marriage I have knowledge of and oppose

    • The UK version. Oh god so awful.
      • Spousal veto in particular
      • Really heavily gender-defining
    • The (thankfully overturned) Canberra version (even fucking worse than the UK)
      • Set us apart as different
      • Completely excluded trans and genderless people
  • Versions of marriage including gay people I could support:
    • Any marriage that didn’t exclude any consenting adult. At all. Under any circumstance.
    • None, really. The whole system is fucked

Marriage Terminology

Since this debate on marriage and same-sex couples isn’t going away any time soon, I expect in the coming year or so I’ll be writing a fair bit about it. There isn’t a particular term I stick with when talking about it, which I understand can be confusing. But here are my thoughts on some of the more common terms used when discussing this matter.

I should mention that I don’t think any of them is ideal, which is perhaps why I chop and change, and switch about when writing. Sometimes I deliberately use one or another, but really they’re all pretty crap.

Marriage equality / equal marriage

I’ll start with the “big” one, and the one which seems to have been adopted as the “right” one. I hate it. I hate hate hate it. Not that I’m opposed to equality, of course (although I should say here that since I learned about the concept of liberation I’ve been forever giving equality activists massive side-eye), but because mostly proponents of changes to marriage legislation don’t actually advocate equality; rather just an extension of privilege.

Many view forms of marriage that include same-sex couples, but exclude trans people as unproblematic. That’s not equality. Many advocate restricting marriage to gender-binary people, and that’s not equality either. Almost all are happy restricting marriage to monogamous couples. Again, not equality. Most completely reject the notion that marriage itself is an institution based on inequality, both within a marriage, and as part of a society that affords privileges to married people that are not afforded to unmarried people. Maybe that’s a good thing, maybe that’s how we’ve decided to run our society. Maybe it’s the only administrative solution to society circa 2015. All of that may be true, but it’s not equality.

I hardly use the term marriage equality (except in tags!), and it infuriates me when people use it blindly as though equality is something that can be achieved very easily with these sort of band-aid solutions, ignoring all the inequality and injustice that is ignored or even caused by marriage and extending marriage.

Equality is not brought about just by saying the word.

Gay marriage

Gay marriage is so problematic, but it’s the one I tend to use most, and perhaps for that reason. It’s a term that doesn’t pretend to be inclusive, or equal, or fully descriptive. That said, I don’t really like the way it aligns itself so neatly with the very real idea that gay marriage activism is almost exclusively in the realm of middle-class gay white cis men.

The term is becoming ever less acceptable, and I think (hope!) that reflects a growing realization that not all (and in fact most) people who are not heterosexual are not gay. A marriage between two bisexual women, for instance, would not accurately be described as a “gay marriage”. Neither would a marriage between, say, a heterosexual trans man (whose legally registered gender was inaccurate) and a cis woman, even though current marriage legislation excludes them.

The term excludes so many people, but it knows it does. Perhaps I shouldn’t use it, but I do – not because I think it’s in any way adequate, but because in a group of terms that are all inadequate, this one is the most inadequate.

Same-sex marriage

Same-sex marriage is a term that feels so clinical to me and I don’t really like it. Perhaps it’s the most accurate, but similar to what I mentioned above, it relies heavily on cis, binary norms. It’s exclusionary, but selectively so. Many relationships that are excluded from marriage now, but would be included in any proposed changes to the Marriage Act are not “same sex” relationships. And more so than gay marriage this is a term that people use to sneakily exclude people – and as usual it’s the people who most need inclusivity.

Marriage. Just marriage.

One day, perhaps, we’ll have marriage that includes everyone, and a society where unmarried people are not discriminated against. One day we will be able to talk about marriage, and not have to specify that we’re not just talking about marriage between cishet two-people couples. One day there won’t be a distinction between man-woman marriages and other types of marriage. Unfortunately today is not that day. Where inequality exists, we have to be able to name it, but while inequality exists we can’t just say marriage without a qualifier and be understood.

Language is wholly inadequate when discussing inequality, and especially when trying to reconcile the way people actually live with an institution associated with tradition, bigotry and administration. I can’t think of any term that is adequate for talking about extending marriage to all relationships that doesn’t exclude people or lie about its intentions in some way.

The Thought of a Plebiscite is Truly Scary

As I say at the start of most of these posts, I’m not really a huge advocate of gay marriage, but on balance, I slightly support it. I have written previously about the reasons, and this post is not an argument for or against marriage, rather some musings on the process.

I think it should be fairly clear to everybody that same-sex marriage in Australia is an inevitability. There is no “if”; it’s all about “when”. With large parts of Europe (including most recently Ireland), most of North America, South Africa, Israel and New Zealand all recognizing same-sex marriage, it is inconceivable that Australia will not see it sometime in the near future, despite resistance.

What is now happening is fairly tedious discussion of the process of bringing this about, with the main options being a parliamentary vote and a public vote. And the prospect of a public vote is frightening and offensive.

Frightening because we will be subjected to months of a hurtful and damaging campaign against same-sex marriage. We won’t, of course, hear from queer people for whom marriage represents further oppression and control; rather we’ll hear homophobes attacking our lives, our families and our right to exist. We see this already when there isn’t a vote looming; we will see it tenfold if any plebiscite goes ahead. And these campaigns won’t just be upsetting to us; they won’t just be hugely damaging to our mental health; they’ll rile up homophobes and recruit undecideds, risking our physical safety. We can avoid this and weshould avoid this, but it seems to be government policy that we be subjected to this.

Offensive because we’re being told that we require consent from mainstream society to live our lives how we choose, and to express ourselves the way we choose. Because we’re being told that an administrative change to three words in a piece of legislation is a major upheaval of society, and that we’re to blame. Because our very dignity is deemed suitable to be decided on by the largely disinterested electorate.

Federal MPs will have an opportunity to end this, to protect us from the harm we face by this ongoing campaign – even if they disagree. Will they put our health, our safety, and our dignity before their own careers? Our fight will never end until we win – even if parliament says no; even if the public says no – so I beg them: end this swiftly. End this now.

Another reason I’m on the YES side

I’m in the process of writing something a bit longer on gay marriage/same-sex-marriage (or what you will). I’m not really an advocate of marriage at all (gay or otherwise), but I was just reminded of something which highlights a reason I support amending the Marriage Act to include same-sex couples: a quick story I’d like to share.

About a week before the last federal election in 2013 I was in the break room at work having lunch, and generally minding my own business. A colleage was also there having lunch with her manager (the manager is no longer with us). She said told him she was unsure of how to vote, and if he had any advice. Her dilemma was partly based on a conflict between her support for certain LNP policies and her support for same-sex marriage.

The manager’s (pretty blunt) response was that she should vote Liberal, saying that “if gays want to get married, they can go to New Zealand”.

Like I say, I’m not a huge advocate of gay marriage, but I don’t ever want to have to overhear anything like that again. There are lots of reasons I’m on the “yes” side, and not wanting to be told to fuck off to NZ is one of them.