Marriage: it’s a ritual

There are issues which although they may not effect one personally, nor even effect one’s friends and family, that it becomes a matter of justice.  That which is right; in the name of equality.

HISTORY….

In 1959, Gladys Namagu was denied permission to marry her white fiancé, Mick Daly.  In response, the Menzies government promised that such discrimination would never be written into Australian marriage law.

The history of this travels back somewhat further into misconceptions as to the meaning of Terra Nullius.  Originally meaning a land which belonged to no one, it was later interpreted that the inhabitants of the land, our Aboriginal peoples were not human, a subspecies at best hence “no one”; nonentities.

Although there are many examples, and far too many for our white culture to come to terms with, where Aboriginal women were forced into sex, there were also many loving couples who were refused the right to marry, due solely because of the color of one’s skin.  In Queensland we had white/black unions forbidden, while in WA we had black/black unions forbidden.  The reasoning for the former was to maintain racial purity, whereas the reasoning for the latter was to “assimilate” black people so as to allow the race to die out naturally, by being gradually diluted.

In 2004, John Howard sought to overhaul the Marriage Act so that marriage could only be between a man and woman, and to stop courts recognising foreign gay unions.

Prior to this, the Marriage Act had evolved from customary law, the major change in modern times being the introduction of civil registrations in 1856.

That which motivated former Prime Minister Howard was that after extensive lobbying by the then powerful fundamentalist church lobby groups, that it was insisted that he, John Howard “shore up” the Marriage Act to ensure the exclusion of same sex couples, and to deny recognition in Australia of same sex couples who had married overseas.  Mr Howard sought this action in a move he said was to defend traditional families.

The Rev. Fred Nile was particularly vocal:

The federal government under John Howard recently introduced a bill to amend the Marriage Act 1961 to secure the definition of marriage as the union of a man and a woman to the exclusion of all others, voluntarily entered into for life,” Nile said. ”That was done deliberately because of threatened legal challenges. Three Australian same-sex couples, including one couple from Western Australia, had been to Canada to get marriage licences. They returned to Australia and announced their intention to seek legal recognition of their Canadian marriages from the Family Court of Australia.

These are major examples of senseless discrimination which have existed in Australia.

Forward to today, 18th June 2012: Churches lay down law on gay marriage

Church heavyweights have been spurred into action by the bills, with the heads of the Catholic, Anglican and Greek Orthodox churches issuing strong statements to their congregations yesterday urging them to oppose any move towards same-sex marriage.

I would ask these “church heavyweights” the question, Why.  Why do you oppose an item of contract law which has not been your sole jurisdiction since 1856?  Do you the church, believe that you have the right to say who one should love, and who one should not love?

You, the bishops and priests had the right to choose your vocation, and to marry or not to marry.  Gladys Namagu chose to love, but did not choose the colour of her skin.  Our dear gay and lesbian friends choose to love, and the gender of their loved one is but an incidental.

I hope, not just hope, but I pray to the angels that this last piece of discriminatory legislation will soon be overturned.  The heartache that this has caused defies description.

In 1958 Sir Robert Menzies vowed that discrimination would never be written into Australia’s marriage laws, but in 2004 John Howard did just that.

**For Lloyd, Paul, Joni and their partners, this one is for you.

And of course for Reb too.

33 comments on “Marriage: it’s a ritual

  1. Excellent point from Adam Bandt:

    Mr Bandt said the report’s process would be helpful in the current debate. ”We are in an interesting situation where Labor members aren’t obliged to follow their own policy, but nonetheless have a conscience vote, but the Liberals, the party of freedom of choice and individual rights, aren’t even allowing their members a conscience vote,” he said.

    http://www.theage.com.au/opinion/political-news/house-to-debate-gay-marriage-bills-20120617-20ibd.html#ixzz1y6wz5UFV

  2. The classic conservative argument is,”If it ain’t broke don’t fix it’. Well it could be said that with a fifty percent ‘success rate’ marriage between heterosexuals ain’t travelling so well….maybe we need gay marriage to help raise the bar.

    Jensen wrote an op ed in the SMH the other day and one argument he put up was, what will I call my marriage now if marriage can also include gay people. I can’t be bother searching for the link but no doubt some will.

    Good post, Min. 🙂

  3. Thank you rabbit. The exact same arguments were used when blacks were forbidden to marry whites, that it would change the whole meaning of marriage. To me it’s a matter of choice..for myself I ain’t goin’ there ever again, but that doesn’t mean to say that I have the right to deny another person the same freedom as I have.

  4. Good post thanks Min…

    As you mention, “marriage” is a legal contract, it has nothing to do with religion…

    It’s about recognition of equal rights under the law.

    As Tim Dunlop often used to say, “there is no logical argument against gay marriage,” which makes me wonder why Julia Gillard remains so vehemently opposed to it…

    I, like many others, was particularly dissapointed to listen to her pathetic excuse on Q&A the other night, that people ought to look up to her “loving relationship” with her partner Tim as some sort of “proof” tha t you don’t need to get married.

    What she fails to recognise with that narrow-minded and quite distorted point of view is that she has “a choice”, gay couples currently don’t.

  5. Reb, thank you. As I’ve often stated marriage has had nothing to do with the churches for over 150yrs, and even before that off to Gretna Green and common law marriages were not unusual.

    Gillard has stated that she won’t support marriage equality because she doesn’t believe in marriage. This defies logic. Just because one does not believe in something oneself, is this good enough reason to deny other people that right.

    That’s precisely it, it’s a matter of freedom of choice. Marriage inequality remains the glaring anomaly under all anti-discrimination legislation.

  6. Sadly the point that is being lost here is that the Fundies are rallying and are inundating local members with reams of paper stating their opposition, we need to do the same, our local member has come out saying his overwhelmingly against changing the mess Howard created. (One should not be surprised it is a LONG list of stuff ups). It is also driving wedges between long time friends when they do as their church is advising and sending out preposterous emails to all and sundry enlisting support… on this I am appalled by an email I received last week from someone I’ve known for 30yrs who should have known better but simply did as the church asked. Next is to remove Tax free benefits for churches who involve themselves in politics…lets really separate church and state.

  7. Before overwhelmingly add ‘his (mail) is’ will help that make sense, sorry this gets me so riled I don’t type fast enough LOL

  8. Signe, no the point wasn’t lost by myself when I wrote this topic. I know of the appalling emails. But still, I believe that the church lobby groups, although pushing heavily on their members have lost a good deal of their potency compared with the Howard, and indeed the Rudd years.

  9. Sorry MIn, I should have said the point was lost on MP’s, they can’t see that they are being used to forward a religious belief and are jumping right on board

  10. Signe, same thing as always isn’t it. The lobbyists trying to convince politicians that they represent a majority view, when mostly they don’t.

  11. Min, my mother a RC married in a Protestant church.

    The reason this came about, was that my father refused to sign an agreement that us children would be bought up as RC’s.

    My father, was responsible for putting the police onto the RC priest. He had a stand of wheat bags stolen. He was not aware that it was a tradition for the local priest to help himself to a truck load of bagged wheat from the farms of Catholics.

    Dad was good enough to take wheat from, bit not to marry my mother in the eyes of the church.

    The saga did not end there.

    The priest informed my father that he was not married. My father who was a shy man, in fact led most of his life up to the age of forty close to a recluse, replied, that is good.

    He them told the priest, if we are not marries, that means I can get rid of her, as I am sick of her.

    The immediate response from the priest, was no no, you are married.

    That was the end of the subject.

    My mother attended the monthly mass and communion in the local hall. No more was said.

    If one was divorced, it was impossible. I am not sure where the church stands today on this matter.

    No church would marry a young Aboriginal woman, that my mother employer in the middle 1950’s, except for the Baptist Church in Wyong.

    This woman was a life long practicing Church of England church goer.

    This matter has nothing to do with the churches. it does not involve them in any way.

    PS My father had no problems with us being bought up as Catholics. We were sent to RC schools, including boarding schools.

    What he would not do, was attend my wedding in a Catholic Church. He supported the wedding in every other way. He never forgave that priest for the position he put my mother in.

  12. I just don’t understand the hysteria of the church and it’s backward thinking. Gay relationships have been here and will continue to be here forever and a day, so just get on with making sure the law is inclusive of everyone and realise the sky isn’t going to fall in if we do so.

  13. Cu, and No church would marry a young Aboriginal woman, that my mother employer in the middle 1950′s, except for the Baptist Church in Wyong.

    Well done, to the Baptist Church in Wyong..know it well, Wyong that is, not the church.

    I don’t think that people realize the very strong opposition to anything other than “within the faith” marriages which existed up until a few decades ago. One could not marry out of the faith, one could not marry a person of a different racial background.

    I almost married a young man of the Greek Orthodox faith..there was all hell to pay. He swapped me for an overseas trip as bribery by his parents. 😦

    There were no laws pertaining to this, but as you noted the social pressures to stay within one’s own faith were extremely strong.

  14. Marriage is the union of a man and a woman for the purpose of the procreation and upbringing of children born of that union. There is no discrimination in that. Every man and every woman can do so. A man may love another man, and a woman may love another woman and they may choose to live together in that relationship, but that does not fulfil the requirements of marriage. If they choose to live together in such a relationship, then their legal rights can be protected by a civil union.

  15. Patricia R, I cannot understand the reasoning of the anti-gay marriage supporters..weaken marriage? Marriage is only as strong as the individuals. We are not people bound and hog tied by some sort of institution, but people with freedom of choice. The current restrictions on gay marriage deny people that freedom of choice..a good friend J* (yes our J) described to me how when he was in hospital that his life partner could not be admitted because he was not next of kin. J* had to have his mum bring C* to the hospital to allow him in. I know the feeling when I tried to phone about a dear friend, sorry but you’re not nok. It’s quite hearbreaking.

  16. The sooner there is acceptance and there is no longer a need for people to continue to hide within relationships that are not accepted by the church the better. I am sure we all have known people who have married due to pressure from society and been miserable just to keep up a facade when indeed they were gay and just would not have accepted by family or others had they told them. Personally I don’t give a toss for marriage and have successfully lived with the same partner for over fourty years and raised two children without the need for it, however I don’t think I have a right to deny others the choice.

  17. Jarl, well that argument takes us back several centuries…that “the purpose of the procreation and upbringing of children born of that union.”.

    Did you know that it wasn’t that long ago that a marriage was legally voided if a woman failed to produce children? If you are saying that children and the woman’s ability to bear these equates to marriage, then you would fix nicely into 15th Century England.

    At present same sex couples come under ‘almost’ the equivalent of the various State’s De Facto Relationships Acts. But you tell me where a de facto has the same legal rights as a wife and this is where the discrimination lies for same sex couples.

  18. do not get me started on what marriage would mean to us…. the visa nightmare we are currently involved in would have been over nearly 12 months ago.

    and Min is right, the next of kin issue/hospitals is a nightmare too.

  19. Joni, I remember it all too well, you in the hospital and C* not being allowed to visit. You know, all this time..I’ve been doing it for you. Remember the ace scarves.

  20. So what if there is no procreation in the marriage of a man and a woman? Does that void the ‘marriage’?

  21. Rabbit, it used to. However, if the woman was a widow then you’re home free. 😉 I just have to hope that the psycho ex drops dead on site. 😛

  22. With indulgence, here is one for our FB friend Karla who is currently recovering from breast cancer surgery. For you Karla..

  23. As a hetro I’ve had the ..um.. privilage of being able to do the ‘marriage thing’… now that I’m a divorcee (10 yrs.. 4 days ago),… I’m think’n … run girls , run guys….. WTF are ya think’n…… RUN AWAY …. (no more to pay) …… imo 🙂 ( a simple single Dad philosophy at play ) Marriage ha, not worth the paper its printed on…. and yes everyone has the right to marry ….. just as everyone has the right to be STUPID.. 🙂

  24. reb @1.58pm, I agree. I thought she was evasive and unconvincing on the subject of gay marriage. I really can’t work out why she’s so opposed to it. Come what may, we just have to keep putting the pressure on.

    As for the pathetic argument that it will change and/or weaken marriage, what a load of rubbish! Marriage is marriage and as Min so rightly observed, marriage is only as strong as the people in the marriage.

    WRT procreation, marriage also was supposed to provide assurance that the progeny were the husband’s; a particularly important consideration where there were kingdoms, fortunes and large estates at stake.

    Bloody stupid really. There are bound to have been any number of scions who weren’t the fruit of the husband’s loins getting their hands on the family silver. Scions who would have been blissfully unaware that the bloke they called Dad, wasn’t their biological father.

  25. Jane, the term used to be “spurious offspring” which is why adultery was acceptable for the bloke, but not acceptable for the missus. Marriage is based on contract law, and all about inheritance.

    Today of course one’s offspring have to fend for themselves c’os I intend to spend the lot travelling..all I need now is a travelling companion.

  26. A belated good morning, Min. 😆

    My lot definitely have to fend for themselves atm. Although Daughter and I will be gawking at The Mousetrap in the Melbourne in September.

    After that there has to be an austerity campaign to save up for Son #1’s wedding in September next year.

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