Equality for all

The Surprise Marriage of Sam and Zlatko – 06th July 2014

Their commitment to the permanence of their love affair began with a visit to a store borne out of the passion of a metalsmith and sculptor – you might have heard of Georg Jensen.

On the 8th day of the 8th month of the year 2008, amid the sparkles and lustre of art inspired elegance, Sam and Zlatko chose their engagement rings together as a symbol of their serene and spirited love while the streets of Melbourne buzzed beyond.

BY ANEETA MENON

Australia. Since then, the matter of whether the law should be reverted to its initial state has been hotly debated.

Opposition to changes

we, as a community, usually celebrate with reckless abandon.

“Who loves and values weddings (and, along with it, marriage) more than our community asks Kharishma ’ ou a, a corporate banking professional and mother who recently represented Indians on a marriage equality panel in Sydney.

From 12 September, the Australian Bureau of Statistics will be mailing out the Australian Marriage Law survey - a postal poll commissioned by the federal government to gauge levels of support amongst Australians regarding a change to the Marriage Act. The survey is not compulsory, and is not a formal vote to change law. The question will read “Should the law be changed to allow same-sex couples to marry and the options to respond will be a simple Yes or No. After its introduction in 1961, the Marriage Act been changed twice. Initially, the legal marrying age was 16 for females and 18 for males. This was amended in 1991 to equalise the Act, making the legal marrying age 18 for all people. Prior to 2004, there was no specification in the arriage Act regarding the gender of those seeking to wed. Under the Howard government, the Act was amended without consultation of the electorate to specifically prohi it same sex couples to be recognised as married in other minorities the same access to live equally. Despite many claims otherwise, same-sex and de-facto couples in Australia do not already have the same civil rights as married couples. A crucial area in which there is inequality is surrounding the death rites and enefits o partners, including eing listed on the eath ertificate as next of kin.

The issue has been as divisive as it has been prolonged, despite routine polling showing that the majority of Australians now support the change. Core opposition to marriage equality comes from socially conservative religious groups, who claim the changes to civil law will impede their religious freedoms. As evidenced by the precedent set by over 22 other nations over the last 17 years, this is simply not the case. Religious organisations will remain free to conduct their ceremonies in line with their beliefs.

Some time later, by chance, and perhaps by some providence of Paramatma, a faulty watch led Sam on a quest to find his right time. From his many broadcasts for assistance, it was the reply from Georg Jensen’s homeland which helped Sam to recover the perfect function of his timepiece.

In most sub-continental cultures, death rites are one of the most important parts of existence, and a situation where a spouse can be denied input over what happens is unthinkable. This is just one of the many ways amending this law will directly impact people.

Sam & Zlatko’s Surprise Wedding

Impacts on the subcontinental community

When talking to immigrants, particularly those from the sub-continental community, about why they’ve chosen to live in Australia and what they love about it, the answer is almost always freedom. Australia permits our subcontinental community the right to practice our beliefs and embrace our culture free of persecution or discrimination.

s we en oy the enefits o tolerance and acceptance of the greater Australian community, it would be wrong to deny

Whilst the proportion of same-sex couples is comparatively low in subcontinental communities, it is not nonexistent. When I approached a gay friend in a committed-long term relationship to contribute their views for this article, I was met with apologies, and the heartbreaking explanation that “Only a select bunch of Indians know, so that Mum doesn’t get dragged through the mud. Especially while my Nana is alive.” So, whilst we’re usually talking about the community at large, it is important to remember that we must also consider those in our communities who face discrimination, shame and, above all, fear. Not just for themselves, but for their loved ones, about an area of their lives that

Growing up in Malaysia, it wasn’t until Kharishma moved to Australia that she was able to see the possibility of true equality. “I had plenty of people in my own circles who were discriminated against, but in Australia people are quite accepting. Being different was celebrated.”

The panel, attended by representatives of the multicultural community, was positive and many of the questions were answered. When asked why Kharishma was passionate about this, she said that it was important for her to be part of the way forward for her children and the next generation. “It is our turn to do this. We all love living in Australia, and this (freedom) is why.”

The Asian Australian Alliance, a group that represents the interests of Asian communities in Australia, agrees with Kharishma.

Speaking on the matter, Molina Swarup Asthana, convenor of the Asian Australian Alliance, has said, “LGBTI Asian Australians are being treated as second-class citizens as they are currently being discriminated under the law and are being excluded from the civil institution of marriage, which is a right that must be available to all Australians.” Concurring with other community view, she concluded, “To be able to marry and form a family is a basic human right.”

Over time, much of sub-continental culture (both in India and abroad) has been hi acked to ser e personal interest, profit and patriarchy. Therefore, the personal discomfort felt by some of our community by concepts such as marriage equality are understandable. Hesitation, fear and prejudice are due to the multigenerational conservatism entrenched in global Indian culture.

Speaking from the community itself, Kunal Mirchandani of the South Asian LGBT support group Trikone, urged those sitting on the fence to consider the ramifications o their am i alence. “We’ve all been here before,” he says, and explains, “There was a time not long ago when Hindus couldn’t marry Muslims, or widows were forbidden from remarrying. e ha e changed the definition o marriage time and again, and the world didn’t end. ery generation gets to define its own values. And this is your chance to make a difference. Be an agent of change. Challenge the status quo, and let’s make history happen.”

Religious responses to marriage equality

However, looking back at ancient India, and specifically induism, pairings such as these were commonplace. This is to be expected as the Hindu philosophy, at its core, focusses on the journeys of the noncorporeal, genderless soul throughout many incarnations until moksha, or liberation.

Australian Marriage Law Postal Survey

Fast Facts

gets taught in the classroom, and updating the Marriage Act will not change that.

No changes will be made to how couples conceive or adopt children, regardless of the outcome of this survey This is just about whether couples should be allowed to marry.

Marriage matters to Australian society and it matters to many couples. Changing the law will ensure equal rights under the law to all married couples, regardless of gender.

Marriage around the world

Marriage equality was first legalised in the Netherlands in the year 2000!

UK, USA, Canada and New Zealand – countries with the largest sub-continental populations (aside from Australia) have all had marriage equality for years!

Over 22 countries, including almost all developed nations, have equal rights for married couples. They are:

Argentina (2010) | Denmark (2012) | Greenland (2015) | The Netherlands (2000) | South Africa (2006) | Belgium (2003) | England / Wales (2013) | Iceland (2010) | New Zealand (2013) | Spain (2005) | Brazil (2013) | Finland (2015) | Ireland (2015) | Norway (2008) | Sweden (2009) | Canada (2005) | France (2013) | Luxembourg (2014) | Portugal (2010) | United States (2015) | Colombia (2016) | Germany (2017) | Malta (2017) | Scotland (2014) | Uruguay (2013)

Source: http://www.equalitycampaign.org.au

Hindu pundit Rami Sivan states, “The Australian Council of Hindu Clergy gives its un ualified support or e uality o all citizens before the law and supports the right of everyone to live and love in dignity, peace and security.”

While the Judeo-Christian faiths have mixed feelings on the topic, there are many proponents of marriage equality. “It is in the spirit of Jesus that we say yes to marriage,” Reverend Dr Keith Mascord said at a Christians for Marriage Equality press conference. “It is not in spite of our faith, but because of our faith that we say yes to marriage equality.” At the time of writing, a Facebook page called “Muslims for Marriage Equality” had over 1,300 followers.

There are many cultural rites practiced by our diaspora that the greater Australian community finds con ronting or uncomfortable. Whether it is the ritual shaving of a baby’s head, the painful piercing of a small child’s ears or the circumcision of male infants practiced in some communities, the fact remains that we live in a secular democracy.

The discomfort of some doesn’t make it banned for the rest, and this is no different. This is what it means to live freely, multiculturally and respectfully. To ensure that we, our families and communities are safe, embraced and respected, all we must do is act to ensure that all the other communities in Australia are safe, embraced and respected.

There are many things in this world, particularly in these rapidly-changing times, that are confronting and morally challenging. Luckily, equality is not one of them.

WHY I’M VOTING YES!

Because we should all be equal in the eyes of the law. As a lawyer, I see rsthand how laws are used to divide and demonise communities. How legislation can create an unequal society that prevents people from being treated fairly.

Because when you suffer, I suffer. As a minority in Australia, I know what it is to be told “You don’t belong here”, through the way laws are upheld, through the treatment I receive from strangers, through what the media says. We are all in this together. We know the sting of being an outsider. Nothing will change unless we stand up for others.

Because, 50 years ago, I wouldn’t have been able to enter this country because of the colour of my skin.

Because nothing will change for me. The sun will still rise in the east and set in the west. I will wake up, take the train, go to my job in the city. I will still pay my taxes and save for my next holiday. I will still be married to my husband. A man who, not that long ago, it would have been illegal for me to marry because of the difference of our skin colours.

Because everything will change for the people I love. My friends will be able to love freely and openly. They will know that the majority of this country backs them, supports them for simply being who they are, for loving who they love. They will be able to have a big lavish wedding and wear that big white dress or a sparkling red sari. They will be able to have a small intimate affair surrounded by the people most important to them. They will be given a choice.

They will have the choice, like I did, to declare publicly that they found the person they want to spend the rest of their life with and have Australia recognise that as fact.

Because we won’t be separate anymore.

Because we should all be equal.

Sharika Jeyakumar