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    Rites are wrong
    Written by Nicholas Richardson   
    Monday, 25 January 2010 11:02

     

    Nicholas Richardson says ‘I don’t’ when it comes to marriage vows.

    Marriage equality is clearly the most dominant political campaign amongst queers in Australia. But despite all the attention, a closer look at the issue reveals all this marriage business to be a little bit dubious.

    The debate, at least in Australia, is about access to the word ‘marriage’, or, more specifically, access to the right to be called ‘married’ by the Australian state.

    Whilst at times campaigners lead one to think that vast rights and responsibilities are being denied queer couples, this is simply not true. Since mid-2009, queer couples have been treated on the same basis as de facto couples and de factos receive treatment largely equal to the married.

    The exception is the word ‘marriage’, or, given that one can call one’s relationships with others by whatever name one pleases, the possession of a piece of paper, verifiable by a government agency, called a marriage certificate.

    When describing the difficulties that such a piece of paper will solve, marriage equality campaigners struggle.

    In an opinion piece published in The Age, Mark Peel cites potential issues in relation to hospitals. Campaign organisers Equal Love raise concerns regarding insurance companies. In both cases it is unclear what exactly the problem to be solved is.

    The only apparent difference is that having a marriage certificate would make it easier for queers to prove their status as a couple and thereby gain the rights attributed to all ‘significant others’, whether wed or unwed.

    That most organisations require far less than a certificate to prove such status, being happy with personal identification, appears to undermine the already questionable significance of the issue.

    If marriage equality offers anything it is in the exceptional circumstance. Peel emphasises this when he qualifies his concern over hospitals with the following: “It probably wouldn’t matter, because most people who work in hospitals are sensible and flexible. But that’s the problem with an absence of rights: you can never be sure you won’t end up with the bigoted and inflexible exception.”

    Apparently the benefits that come to queers are the benefits achieved via the suppression of ‘the bigoted and inflexible’, in other words the suppression of homophobia.

    Equal Love puts the argument like this: “Equal marriage rights would help to build community acceptance of lesbian and gay people and challenge homophobic views.”

    But the link between a marriage certificate and homophobia is sorely missing. Homophobes hate queers because they are queer, not because they are unwed. Marriage equality would make no change to homophobia in places of worship, amongst bureaucrats or in the community more broadly.

    Marriage is about recognising some relationships as legitimate and others as less so. On one side is the idea of the nuclear family, on the other everything else.

    If any benefit arises from marriage equality it is from the relative advantage one group of queers may get over others by praising the sexual habits of the nuclear family over all other relations.

    Given this, one must ask whether marriage equality is in harmony with the principle that the sexual conduct between consenting adults should be no basis for discrimination, a principle that stood at the core of queer rights campaigns of the past.

    If there is to be a campaign around marriage it must be critical of, not pandering to, the massive apparatus of coercion and cajoling that seeks to ensure that the model of the nuclear family appears as some natural state of being.

    Only then could it be said fidelity is held with the campaigners of the past and only then would an appropriate home be made for the language of justice and equality currently being deployed in this dirty marriage business.

     

    Comments (2)add comment
    I am not sorry, but I have to disagree
    written by JasonV , January 28, 2010

    Nicholas, the debate in Australia is far more than just access to the word ‘marriage’. In South Australia our state government has not deferred the relevant laws to the commonwealth. This means many of the changes that Rudd brought in on a federal level do not apply here in South Australia. Thus all queer South Australians are denied access to many rights and responsibilities that straight married couples take for granted.
    You say “marriage is about recognising some relationships as legitimate and others as less so” if this is true then we should definitely support ending the ban on marriage equality. Because what we are effectively broadcasting to society and especially to our young people is that the love between a man and a woman is somehow more legitimate than the love between two members of the same sex.
    We know this is just nonsense, and by giving queer couples the option of marrying we are recognising that all people are equal and the love between two men or two women is no less legitimate than the love between members of the opposite sex.

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    Sorry, but I have to disagree
    written by Kim , January 28, 2010

    This article fails to mention the areas of law where we are still inequal. There are many areas that non-married couples are barred from by Australian law - for example, adoption and fertility treatments. Also, married couples are automatically BOTH legally parents of any children born into that relationship.
    And, while I agree that there will always be people who are against 'queers', I do believe that marriage equality provides legitimacy to our relationships - if we are recognised by the law, then the majority of society will come to view us as accepted.
    So personally, I will continue to fight for marriage equality - if not for us, then for the security for our children.

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    Last Updated on Wednesday, 27 January 2010 10:53