Whether the government will be successful in its legal ploy to have the people responsible for #censusfail run a $122 million postal survey on marriage equality remains to be seen; the threshold for the Australian Bureau of Statistics’ power to collect “statistics” is fairly low. A successful court challenge appears unlikely.
But for every Australian of voting age, there’s a different issue — whether to participate in the survey, if it happens.
The pragmatic argument is that this is the shortest path to marriage equality; that a successful outcome will pave the way for a parliamentary vote before the end of the year. It’s an important consideration.
But there are two objections to that: the delay beyond that timing is unlikely to be significantly longer — perhaps no more than two years; the chances of a successful parliamentary vote will increase after the next election as either the Coalition will win, and it might have changed policy on a conscience vote by then, or Labor will win, and the matter will be legislated rapidly. The odds are greater than 50-50 that change will come following the next election.
The other is that the vilification and smearing of LGBTI Australians, same-sex couples and, in particular, same-sex parents will inflict real harm on those communities. The nauseating attacks on same-sex parents in particular, as, in effect, child abusers are beyond offensive. Homophobic groups and politicians are already engaging in smears. However, that will happen whether individuals participate or not, so it does not have a bearing on whether to fill out the junk mail from the ABS and return it.
[A postal plebiscite is a bad idea — just ask Malcolm Turnbull]
The more important argument is the idea behind a plebiscite or opinion poll on the basic rights of a minority. Yes, we know the reality is that the idea behind it is that Tony Abbott wanted to delay and sabotage marriage equality as long as possible, and that Malcolm Turnbull’s leadership is too weak for him to allow a parliamentary vote. But let’s take the government at its word that this is about fulfilling an election commitment to give voters a say.
The argument that this is an election commitment is irrelevant — and governments routinely break election promises without apology. It is the idea of “giving voters a say” that is the crux of the issue. The core of what the government is doing — whether via junk mail or a fully fledged compulsory vote — is that basic rights are a gift from the majority of the electorate to a minority, that the decision to remove an impediment to enjoying basic rights is one that should be made by the majority of voters, nearly all of whom have their basic rights intact.
[This postal plebiscite bullshit is nothing but fear, wrapped in cowardice, inside stupidity]
Participation in this vote legitimises the idea that human rights have no independent existence, that they are not innate to individuals but are simply a present to be bestowed by the electorate — and thus could be withdrawn from the electorate.
It’s true that the 1967 referendum, in ending the constitutional prohibition on counting Aboriginal Australians in the Australian population, was in effect a conferral of a basic right of some kind to indigenous Australians, if only to be recognised as existing for electoral and census purposes. But that referendum was the only mechanism by which the overriding of a basic right could be ended, because it was embedded in the constitution. There is no constitution to change her; a parliamentary vote would suffice to reverse the discrimination implemented by the Howard government (without a plebiscite, tellingly).
Instead of being a “unifying moment” as the government insists, the postal survey is a deeply divisive moment, not merely or even primarily because of the abuse it has already unleashed. It is an intentional display of raw majoritarian power over the basic rights of a minority, the core message of which is that the latter have no innate rights, but only rights bestowed at the whim of the majority. There can be no ethical participation in such an exercise, unless you believe that rights are mere presents to be handed out only when we feel like it.
Thanks Bernard for a great article. I’m being abused within and outside my LGBTQI community for advocating we boycott. It is divisive and unfair in so many ways. I fear for my 12 year old daughter and all our children.
Brilliant Bernard. You’ve nailed it. Michael Kirby has highlighted just this issue as well as the abuse of the constitutional process that this sets a really bad precedent for. He goes so far as to say that it’s un-Australian and is also planning on boycotting it.
Kirby is biased in the extreme along with Wong. I’m going to boycott vote & so should all gays, men & women.
Michael Kirby has said that his partner Johan is boycotting it but that if it passes the high court he will vote yes. I would like to know that, if this postal poll is non binding and will go to a parliamentary vote, if it’s a no vote will it still go to a free parliamentary vote? I’m not clear on this. Whatever this government is a disgrace.
Problem is that you cant divorce the process from the outcome. A no vote will be a disaster for the perceived legitimacy of SSM when it eventually does come, and will be a hammer blow for chances of it ever happening on the Coalition’s watch.
Vote yes – even if you disagree with the way we will get there.
A boycott only benefits opponents of SSM, who sure as hell wont be boycotting.
I used to think so too but David Marr’s Guardian article yesterday and Michael Kirby’s comments today changed my mind. I’m socially conservative in general and probably a little ambivalent in my support for equality until now. But I’m stunned by the conservative principles of governance, political philosophy and institutional propriety now being trashed by these imposters. To what ‘socially conservative’ end, stopping people entering into what is a socially very conservative institution?
It’s madness. Unhinged.
Wrong, this will be seen for what it is a totally illegitimate bullshit waste of OUR money, these c—s aren’t going to tell me I have to participate in an exercise in reducing everyones human rights, it will be forgotten by the time of the next election and Labor will just legislate the change
Dont be so sure of that. A no vote could easily lead to Coalition policy remaining firm on no SSM and Labor not having the numbers to pass it. That’s if Labor wins, and is brave enough to campaign on a policy which can be framed as arrogantly opposing “the people’s will.”
We can win this, but a boycott is a guaranteed way to lose it.
I agree with you Phen, as offensive as it is , I will not boycott but instead vote yes if the poll goes ahead.
What really cheeses me off are those 5 (7?) piss-weak LNP dissidents who had the chance to ambush this rotten process, and shamefully wimped out.
May the stench of their cowardice linger with them for a long time.
I suspect there’s no way of it happening on this particular coalition’s watch no matter the outcome of this proposed plebiscite. It isn’t binding, and Abetz et al have already threatened dis-endorsement for any lib pollie who votes in favour of SSM (if given the opportunity). So much for the right to cross the floor. Our gumint is fraudulent.
Exactly, Phen. It’s like the Trolley Problem. Damned if we do and damned if we don’t. This plebispite is so obviously geared for the no vote, right down to the method. Elderly, conservative people post letters- the rest of us send emails. The LNP are looking for a poor response – they know most of us can’t be bothered with sticking a stamp on a letter. They know many of the young have never stuck a stamp on a letter in their lives. They know most of the electorate are fed up hearing about marriage equality when they have more pressing concerns and feel the politicians are fiddling while Rome burns. They’re counting on it.
I worry the right wings of both parties will seize on a poor response as evidence of lack of community support and interest and a boycott will play right into their hands.
If I was even a little confident everyone would boycott the plebispite, I’d support a boycott, but they won’t and those that do will be drowned out by all those who are ok with marriage equality happening but it just iisn’t important enough to them to post the letter.
I hate being asked to tick the box- it’s so wrong on so many levels it sickens me- but I’ll grit my teeth and tick the box. I’d bury the bastards in a landslide of little yes ticked boxes if I could.
The only boycott I’ll be practising and advocating will be on the filth the no vote lobby will dish out.
If there’s a clear publicity campaign to boycott the plebishite, regardless of the reasons for a possible low participation rate, that could be claimed by a well-organised pro-SSM movement. Low turnout doesn’t have to mean a victory for the NO campaign.
We must participate in this plebiscite/opinion poll to support our Strong Leader.
Our Fearless Leader.
I’m sorry …. which strong leader would that be? I’m waiting for advice from the SSM lobby groups.
The more the issue is THE boycott, the less vilification will the LGBTI people suffer.
THE boycott is a way of supporting and protecting them.
THE boycott will not stand unless peoples realise that it is a way of helping the oppressed.