I understand why some supporters of marriage equality support independent MP Tony Windsor’s idea of a referendum on the issue.
With public opinion striding ahead of our politicians and other countries leaving Australia behind, a referendum seems like a circuit breaker.
But I urge people to reflect for a moment.
Overseas referenda on marriage equality have been exploited by cashed-up, anti-gay groups to conduct fear and hate campaigns against gay people.
We know from US research that in states where there have been marriage equality referenda there is an increase in the level of anxiety, depression and suicide among gay and lesbian people.
The people who suffer the most are young gay people coming to terms with their sexuality.
An Australian referendum would give anti-gay stalwarts such as Fred Nile the biggest megaphone they have ever had.
This is why anti-equality groups are usually the ones calling for a referendum.
Another big problem is confusion about what’s being proposed.
If it’s a non-binding plebiscite on the Marriage Act then what’s the point? Politicians can just ignore it.
If it’s a fully-fledged referendum on the marriage provision in the constitution, the same question arises.
Why bother when the outcome would simply be a clarification of what the constitution means by the term ”marriage”, and a change to the Marriage Act would still have to be voted on in parliament anyway?
The other danger with a fully-fledged referendum is that it would only pass with majority support in a majority of states, effectively putting the threshold for success way above 50 per cent.
For this reason, among others, human rights referenda have a poor track record of success in Australia.
Even when the question of what is being proposed is resolved, it will take time to develop a question all parties agree on and pass the relevant legislation through parliament.
For this to be done properly it will take longer than it would otherwise take parliament just to amend the Marriage Act and resolve the issue.
For it to be done by the September election, as Windsor has proposed, it will be a rushed job, and probably botched.
Either way, supporters of equality will have to raise millions of dollars to fund a pro-equality campaign.
That’s millions that could otherwise be spent on gay, lesbian, bisexual and transgender support services, community education or any number of other urgent priorities.
If you think a referendum is a quick, easy and painless way to achieve marriage equality then you’re dreaming.
There is already a path forward for marriage equality.
Opposition Leader Tony Abbott has opened the door to removing the last hurdle to reform, a Coalition conscience vote, and more MPs support reform than ever before.
The focus on parliament is frustratingly slow, but it has advanced the issue hugely in the last few years, and I am confident it will finally pass marriage equality in the not-too-distant future.
Author: Rodney Croome
Publication: National Times
Date: 29 April 2013