Simon Birmingham (SA, Liberal Party) Share this | Hansard source

It is my pleasure to rise to contribute on this very important bill, the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008, one of a number of important bills before the Senate at present. That is because this bill and the series of them relate to matters of principle and doing what is right. Many times in this place we spend a lot of time debating politics. Politics is the nature of this place and the other place. This is one of those opportunities where many speakers will cast politics aside for the debate, and that is something to be welcomed. In casting politics aside, they will attempt to speak about what they truly believe in. I reflect on and respect the range of opinions that I am sure have been and will continue to be reflected on this issue. For most of us, it is about doing very much what is right on this issue of discrimination and equal treatment before the eyes of the law.

With that, I am very pleased to add my voice of support to this bill and the other pieces of legislation that have been and are to be debated. Those three bills are the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill, which was just considered in the second reading stage by this place; this bill, of course, the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill; and the third major piece of legislation, the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Bill. Each of them takes a very important step towards providing equality of access to the law, to financial arrangements and to the basic services and opportunities that Australians expect to enjoy to a group of Australians who, until now, have not enjoyed access to those equal rights under the law.

Each of them takes a step forward. The bill just considered in debate by the Senate deals with, of course, access to the courts and matters relating to consideration of de facto relationships in the family law courts. This bill relates specifically to Commonwealth defined-benefit superannuation schemes, whilst the final piece of legislation to be considered by this place on another day is a comprehensive piece reforming some 68 Commonwealth acts across a range of areas. It is important that we do this, because society has evolved and come to recognise quite clearly that the discrimination that has existed in our laws is wrong. It is a wrong that needs to be righted and it deserves to be corrected. It is very important and pleasing to see this place act in that way. As a Liberal, it is pleasing to see such an action and step being taken.

As someone who holds liberal beliefs very true and dear to my heart and believes in the innate worth of liberal philosophy at the heart of our Liberal Party, I recognise and respect entirely that there are various philosophical strains that make up our party. There are those who hold far more conservative thoughts and beliefs than I do and some who probably hold far more liberal beliefs than I do, but I recognise that Sir Robert Menzies, our party founder, in 1944 said about the Liberal Party that he was forming:

We would like to have a country …

               …            …            …

in which there is freedom of thought and free speech and free association for all except the enemies of freedom;

and

in which citizens are free to choose their own way of living and of life …

It is those freedoms that are inherent in this bill before us tonight and in the other bills related to it. They are inherent because it is not just freedom that is good enough; it needs to be both freedom and equality before the law in how these matters are considered.

Many Liberals over the years have fought for equality for same-sex couples. This is not the first time that Liberals have stood and advanced this argument. Senator Brandis, in his earlier contribution, paid tribute to many, including of course our current leader, Malcolm Turnbull. In turn, I would like to pay tribute to Senator Brandis, who I know regards this very much as an article of faith as a Liberal—an article of faith that we should not be advancing or continuing forms of discrimination in our society.

In South Australia we have a proud history, as the Liberal Party, of working to address and overcome discrimination against same-sex couples. In 1972, Murray Hill, then a Liberal member of the Legislative Council in South Australia and of course the father of former Senator Robert Hill, introduced a bill to decriminalise homosexuality. He enjoyed support in that measure from other prominent Liberals of the time: Martin Cameron, Robin Millhouse, and former Liberal Premier and leader Steele Hall. They saw the wrongs of discrimination and they were willing to champion the cause of righting those wrongs. Through history we have enjoyed Liberals standing up for the rights of others, and this is an occasion where we are very pleased as a party to join in lending our support to this legislation.

Times of course evolve and the relationship status of de facto partners, whether they are in a same-sex relationship or in an opposite-sex relationship, has evolved over the years. That is not to take anything away from the sanctity of marriage and the very integral role that marriage has played, does play and will, I have no doubt, continue to play in our society. Each time some measure that provides legal recognition to something outside of marriage has been advanced or discussed, there have been those who have argued that it will undermine the sanctity of marriage. The proof, of course, has been in what has occurred. Marriage is still very central to Australia despite the recognition that was given to de facto relationships many years ago.

In looking at the evolution of times and talking about de facto relationships during debates, in 1976, in the UK, Lord Justice Bridge spoke of the complete revolution between 1950 and 1975 in society’s attitude to unmarried partnerships. He reflected:

Such unions are far commoner than they used to be. The social stigma that once attached to them has almost, if not entirely, disappeared ... The ordinary man in 1975 would, in my opinion, certainly say that the parties to such a union, provided it had the appropriate degree of apparent permanence and stability, were members of a single family ...

Of course he, at the time, in the seventies, was reflecting on those in an opposite-sex de facto relationship, but in many ways the same words could be applied—the same phraseology could be applied—here in 2008 when talking about same-sex relationships and those in same-sex de facto relationships, because indeed the ‘ordinary man’, as Lord Justice Bridge put it, would now accept that, provided there is an apparent level of permanence and stability, they are members of a family and are worthy of equal treatment under the law.

That is what is being reflected in the Senate committee inquiries that have taken place into these pieces of legislation. The overwhelming body of evidence has been to acknowledge that people are worthy of this equal treatment. The response in the electorate has been one of acceptance that these measures should pass—one of recognising that they should be passed, and passed without great fuss. It is noteworthy in a sense that tonight, as we debate this, the galleries are empty. The emails have not been flooding in. There is not great public angst or opposition to these measures; there is an acceptance that they are a logical next step in the progression of Australian society. They reflect measures and steps that have been taken around the world, and it is now a case of Australia taking that next step to move forward.

So it is that, in lending my support to these measures, I wish to pay tribute to those who have fought so hard against discrimination over the years and finish my remarks in acknowledging that, whether it be against racial discrimination, religious discrimination, sexual discrimination or gender discrimination, many have fought a good fight to overcome discriminatory laws and measures and intolerances in society. It is pleasing to see that those who have fought that fight are winning. The passage of this legislation will see the fight go on, I am sure, and will see further wins for those who believe in a society where all are free to lead their lives as they wish and all are treated equally before the law in doing so. I commend the bill to the Senate.