The human rights of saying ‘I do’

The denial of gay-marriage under Australian law means that heterosexual relationships are more legitimate than homosexual ones. While I respect a person's individual choice to oppose gay marriage, the non-recognition of same-sex marriage under the Australian Marriage Act endorses a view that gay Australians, in matters of the heart, are second-class citizens. As James Newburrie points out, the implications of this can be incredibly damaging, even on those who do not want to marry at the moment, such as younger homosexuals finding their place in the world. To paraphrase John Stuart Mill, injustice isn't just harmful to those it is enacted against, but also to those benefit from it.

Homosexual Australians are not just an 'other' minority. Gay Australians are our brothers, our sisters, our relatives, our neighbours, our friends. Same-sex marriage isn't just a gay issue. It affects families, friendship groups, and communities, both homosexual and straight.

Blaise Joseph, in a recent article, states that marriage should only be between a man and a woman. Joseph echoes the prominent argument that marriage is founded on the ability of a man and woman to procreate, and raise children in the 'ideal' environment. As gay-partners are unable to conceive, their rights to marriage should be forfeit. The institution of marriage is therefore inherently heterosexual, and its sanctity as a bedrock of society must be protected.

Joseph, however, leaves out some telling statistics. Firstly, 50% of first marriages end in divorce. In 2008 alone, 43, 000 children experienced their parents divorcing. If the heterosexual institution of marriage is such a cornerstone of society, shouldn't criticism against the 'erosion' of marriage be directed towards divorce? My point here is not to pass judgment on divorcees, or to claim that queer Australians are better at being monogamous. My point is that both 'ideal' marriage and family go far beyond procreation. They are about trust and belonging, based on love, support and respect.

On these criteria, queer Australians are certainly up to the task, and more than worthy of the right to say 'I do'.

Supporting gay-marriage is more than a political stunt. It is about respecting the human rights of all Australians, gay or straight. It is about recognising the dignity and autonomy of each person. This includes respecting the right to marry the person they love.

Supporting marriage-equality is about dialogue. This too is a human rights issue. The UNHCR enjoins us not only to respect the rights of others, but also to act towards each other in the 'spirit of brotherhood'.

In keeping with that spirit, over 60% of Australians have already said yes to same-sex marriage.

I do, too.