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1

Heley, Emma, and Belinda Hewitt. "Same-sex marriage and remarriage in Australia, 2018-2020." Australian Population Studies 6, no. 1 (July 22, 2022): 1–14. http://dx.doi.org/10.37970/aps.v6i1.96.

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Background Since same-sex marriage was legalised in Australia in December 2017, thousands of same-sex couples have married. Little Australian research to date has examined same-sex marriage trends and how they are similar or different to different-sex marriages. Aims To describe trends in same-sex marriages and remarriages in Australia for the years 2018–2020, comparing and contrasting with different-sex marriages and remarriages by age and sex. Data and methods Data come from the Australian Bureau of Statistics publication Marriage and Divorces, Australia. We use available data on different-sex and same-sex marriages and remarriages for age and sex. Results The proportion of same-sex marriages declined from 5.5% of total marriages to 3.7% between 2018 and 2020. Same-sex marriages tended to be at older ages, but the age gap between same-sex and different-sex marriages for males and females reduced over time. Similar trends were observed for remarriage. For different-sex remarriages, there was a slightly higher proportion of males remarrying than females. In contrast, for same-sex remarriages, the proportion of females remarrying was double that of same-sex males. Conclusions Early trends suggest same-sex marriages and remarriages occurred at older ages than different-sex. This age gap reduced over time, suggesting that early adopters of same-sex marriage may be a different group. Interestingly, same-sex remarriage was much more common for females. Given that same-sex marriage was not legal in Australia until late 2017, it is likely that many of their first marriages were different-sex. This has received little attention in the research literature to date and requires further investigation.
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Walker, Kristen. "The Same-Sex Marriage Debate in Australia." International Journal of Human Rights 11, no. 1-2 (March 2007): 109–30. http://dx.doi.org/10.1080/13642980601176290.

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3

Barker, Renae. "The Place of the Child in Recent Australian Debate about Freedom of Religion and Belief." Laws 11, no. 6 (November 17, 2022): 83. http://dx.doi.org/10.3390/laws11060083.

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Political and legal debate about freedom of religion and belief (FoRB) in Australia has intensified since the same-sex marriage postal survey in 2017. Central to this debate has been children, their parents and institutions (Schools). This paper outlines the place of children in the Australian FoRB since 2017, focusing on the same-sex marriage postal survey debate and subsequent reviews into FoRB. In particular, it highlights the links drawn between same-sex marriage or marriage equality and the Safe School Coalition Australia campaign, the emphasis on parental rights in relation to education about marriage in schools, and the ongoing debate about potential reform to Australia’s suite of anti-discrimination laws, including the failed federal Religious Discrimination Bill.
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Johnson, Carol, and Manon Tremblay. "Comparing Same-Sex Marriage in Australia and Canada: Institutions and Political Will." Government and Opposition 53, no. 1 (November 23, 2016): 131–58. http://dx.doi.org/10.1017/gov.2016.36.

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This article explores why there have been such different trajectories in regard to same-sex marriage in Australia and Canada. Canada was one of the first countries to introduce same-sex marriage (in 2005) and, at time of writing, Australia still had not done so.1 The comparison is particularly interesting given that Australia and Canada have relatively similar political institutions except that Australia has no Charter of Rights. Miriam Smith has suggested that institutional factors explain the different trajectories of policies on same-sex marriage in Canada and the US. However, the shift in comparative lens to Canada and Australia provides new insights into the key role of factors influencing ‘political will’ in regard to same-sex marriage in both countries. Those multiple influences do include institutions but also the role played by party electoral strategies. Consequently, the article provides insights into the factors that can influence minority group rights in different national democratic settings.
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Harris, Bede. "Human Rights and the Same-Sex Marriage Debate in Australia." Journal of Politics and Law 10, no. 4 (August 30, 2017): 60. http://dx.doi.org/10.5539/jpl.v10n4p60.

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Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.
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Sloane, Jessica Leigh, and Laurance Madeleine Robillard. "Factors Affecting Heterosexual Attitudes to Same-Sex Marriage in Australia." Sexuality Research and Social Policy 15, no. 3 (March 22, 2017): 290–301. http://dx.doi.org/10.1007/s13178-017-0276-y.

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Baranov, Victoria, Ralph De Haas, and Pauline Grosjean. "Queens of the Desert: Convictism and Marital Attitudes across Australia." AEA Papers and Proceedings 110 (May 1, 2020): 457–62. http://dx.doi.org/10.1257/pandp.20201120.

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We merge data on spatial variation in the presence of convicts across eighteenth and nineteenth century Australia with results from the country's 2017 poll on same-sex marriage and with household survey data. These combined data allow us to identify the lasting impact of convict colonization on social norms about marriage. We find that in areas with higher historical convict concentrations, more Australians recently voted in favor of same-sex marriage and hold liberal views about marriage more generally. Our results highlight how founder populations can have lasting effects on locally held social norms.
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8

Witzleb, N. "Marriage as the 'Last Frontier'? Same-Sex Relationship Recognition in Australia." International Journal of Law, Policy and the Family 25, no. 2 (May 10, 2011): 135–64. http://dx.doi.org/10.1093/lawfam/ebr007.

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9

Ma, Yuhanyin. "Social Media and Marriage Equality in Australia: The Media Roles in the Public Sphere and the Agenda-Setting." Insight - News Media 3, no. 1 (September 21, 2020): 1. http://dx.doi.org/10.18282/inm.v3i1.335.

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<p align="justify">Marriage equality or the equal status of same-sex marriage has undergone a rather tough road in Australia, involving diverging opinions in parties at the state and federal levels and constitutional amendments. It appears that people in power set the agenda on the legalization of same-sex marriage. However, it cannot be denied that social media played an almost decisive role in this process because it enabled the gathering of massive public opinion to pressure the government to make changes. To be specific, social media or social networking sites offered platforms for people concerned to share reports about the progress of foreign countries in legalizing same-sex marriage, to express their opinions and to launch campaigns in support of their beliefs. This essay explores the role that social media played in the legalization of marriage equality movement in Australia from the perspectives of the public sphere theory and the agenda-setting theory.</p>
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10

Gogarty, Brendan, Anja Hilkemeijer, and Daniel Westbury. "Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage." Alternative Law Journal 43, no. 3 (August 16, 2018): 225–28. http://dx.doi.org/10.1177/1037969x18783437.

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In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.
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11

Flaherty, Ian, and Jennifer Wilkinson. "Marriage equality in Australia: The ‘no’ vote and symbolic violence." Journal of Sociology 56, no. 4 (November 24, 2020): 664–74. http://dx.doi.org/10.1177/1440783320969882.

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Until December 2017, there were no legal provisions within the Commonwealth of Australia for same-sex couples to marry in the same sense that their heterosexual friends and family can. Civil unions provide similar legal protections as marriage, but many argue that this is not enough – that same-sex couples occupy a ‘second-class’ citizen status in relation to marriage. Many jurisdictions globally recognise marriage equality: the UK, New Zealand, Canada and the USA, to name but a few globally, and those societies most similar to Australia’s. This article explores the attitudes towards elements of marriage equality among a group of gay men in Australia. Despite the ‘yes’ vote for marriage equality polling about two-thirds of eligible voters, a slew of symbolically violent messages appeared, including ‘Vote No’ skywritten across the emblematic Sydney Harbour, and ‘Vote no to faggots’ graffiti etched across Sydney train carriages. The importance of love is key in defence against this symbolic violence.
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Thomas, Amy, Hannah McCann, and Geraldine Fela. "‘In this house we believe in fairness and kindness’: Post-liberation politics in Australia's same-sex marriage postal survey." Sexualities 23, no. 4 (March 14, 2019): 475–96. http://dx.doi.org/10.1177/1363460719830347.

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In December 2017, Australia legalized same-sex marriage (SSM), following a 13-year ban and a drawn-out postal survey on marriage equality that saw campaigners mobilize for a ‘Yes’ vote on a non-binding poll. Through a discourse analysis of the Yes and No campaigns’ television and online video advertisements, we demonstrate how the Yes campaign was symptomatic of what we call a ‘post-liberation’ approach that saw SSM as the last major hurdle for Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) politics. While the No campaign linked SSM to gender fluidity, transgender identity, and sex education programmes, in contrast the Yes campaign limited itself to narratives around love and marriage. In not attending to the link between sex, gender and sexuality, the Yes campaign narrowed the possibilities of the debate, preserving existing White heteronormative expectations of gender and sexuality. We contrast the debate that unfolded during the postal survey to the Australian Gay Liberation movement of the 1970s, the latter of which was able to successfully and radically challenge similarly homophobic campaigns. Rather than relying on ‘palatable’ or mainstream ideas of equality, love and fairness, Gay Liberation in Australia embraced the radical potential of LGBTIQ activism and presented a utopian, optimistic vision of a transformed future. Here we suggest that we can learn from the history of campaigns around sexuality, to understand what was ‘won’ in the SSM debate, and to better develop strategies for change in the future.
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Carson, Andrea, Shaun Ratcliff, and Yannick Dufresne. "Public opinion and policy responsiveness: the case of same-sex marriage in Australia." Australian Journal of Political Science 53, no. 1 (October 13, 2017): 3–23. http://dx.doi.org/10.1080/10361146.2017.1381944.

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14

Grossi, Renata. "The meaning of love in the debate for legal recognition of same-sex marriage in Australia." International Journal of Law in Context 8, no. 4 (November 14, 2012): 487–505. http://dx.doi.org/10.1017/s1744552312000341.

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AbstractLove is ever-present in the debate for the legal recognition of same-sex marriage. Its importance, however, is often underestimated. I will show in this article that much can be gained by viewing this issue through the analytical lens of romantic love. This analysis will show that romantic love is a contested idea. On the one hand it claims to embody a radical and permissive ideology that is capable of penetrating established social and cultural divides. On the other hand, however, love has been accused of replicating patriarchy, and of being ideologically heteronormative. As such, love is not necessarily the answer needed to win the legal argument for same-sex marriage – not unless we begin a process of redefining love for our times.They say that the world was built for twoOnly worth living if somebody is loving you1
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15

Dreher, Tanja. "The ‘uncanny doubles’ of queer politics: Sexual citizenship in the era of same-sex marriage victories." Sexualities 20, no. 1-2 (August 1, 2016): 176–95. http://dx.doi.org/10.1177/1363460716645788.

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In this article, the author explores the challenges for sexual citizenship campaigns as same-sex marriage emerges as a touchstone for progressive politics in Australia and beyond. Analysing popular media and public debate, she argues that there is much to be learned from recent critiques of liberal and colonial feminisms. Jasbir Puar argues that the ‘woman question’ is currently being supplemented or supplanted by the ‘gay question’ as a marker of a nation’s modernity, democracy and ‘civilization’. In the context of widespread support for marriage equality, an urgent challenge is how to respond to an emerging ‘homonationalism’ in public culture which positions the West on ‘the right side of history’ in contrast to homophobic Islam, and a liberal version of gay rights which obscures ongoing discrimination and injustice.
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Webb, Stephanie N., Jill Chonody, and Phillip S. Kavanagh. "“If You Don't Like Gay Marriage, Don't Get One!”: A Qualitative Analysis of Attitudes Toward Same-Sex Marriage in South Australia." Journal of GLBT Family Studies 13, no. 5 (February 17, 2017): 439–58. http://dx.doi.org/10.1080/1550428x.2016.1275913.

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17

Parker, Anneka, Peter Harris, and Bridget Haire. "International students' views on sexual health: a qualitative study at an Australian university." Sexual Health 17, no. 3 (2020): 231. http://dx.doi.org/10.1071/sh19209.

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Background The number of international students at Australian universities is rapidly increasing, and they contribute significantly to Australia’s economy. However, concerns have been raised for the health and wellbeing of international students, and there is limited information concerning international students with regard to their sexual health. Methods: Overall, 13 individual semi-structured in-depth interviews were conducted with 13 international students at an Australian university, aiming to understand the views and experiences of international students with regard to their sexual health and wellbeing. The interviews were analysed thematically, generating four themes. Results: Participants had a varied understanding of sexual consent, which often included concerns about the practicalities of saying ‘no’ to unwanted sexual interactions and misinformation about the effect of reporting sexual misconduct on their privacy and visa status. Cultural and familial taboos were often inherited, but many participants described an evolution of personal views and attitudes regarding topics such as sex before marriage and same-sex relationships, which had occurred since moving to Australia. Participants expressed that they received large amounts of information about sexual health, but often lacked the skills to navigate that information and access relevant support. Conclusions: These data, along with participants’ suggestions for future support and education, are important for understanding the complex experiences of international students at Australian universities, and should be considered when implementing future sexual health education and support programs.
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18

Horsburgh, Michael. "Doctrine Commission of the Anglican Church of Australia, Marriage, Same-Sex Marriage and the Anglican Church of Australia: Essays from the Doctrine Commission (Mulgrave, VIC: Broughton Publishing, 2019), pp. iv + 312. ISBN 978-0-6482659-4-8. RRP AU$34.95." Journal of Anglican Studies 18, no. 2 (October 3, 2019): 269–75. http://dx.doi.org/10.1017/s1740355319000251.

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19

Leruth, Benjamin, and Gerry Stoker. "Improving the political judgement of citizens: why the task environment matters." Policy & Politics 48, no. 3 (July 1, 2020): 381–96. http://dx.doi.org/10.1332/030557320x15837138808157.

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Internal political efficacy (that is, beliefs about one’s ability to process and participate effectively in politics) is known to be shaped by factors such as levels of interest in politics, trust in institutions and awareness of political developments and debates. In this article, we show that the task environment also has an impact on internal political efficacy, and that little research has been done on this issue. We draw on data from focus groups in Australia, where citizens were asked to make political judgements in contrasting task environments: state elections and the 2017 same-sex marriage plebiscite. We examine four features of task environments: framing choice; issue content; the nature of available cues; and whether the task environment stimulates cognitive effort. We conclude that concerns about the internal political efficacy of voters should be addressed by exploring how the task environment created for political choice might be made more amenable in order to improve the political judgement of citizens.
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20

Williams, George. "Same-Sex Marriage and the Australian States." Alternative Law Journal 40, no. 1 (March 2015): 4–8. http://dx.doi.org/10.1177/1037969x1504000102.

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21

Hopwood, Max, Elena Cama, John de Wit, and Carla Treloar. "Stigma, Anxiety, and Depression Among Gay and Bisexual Men in Mixed-Orientation Marriages." Qualitative Health Research 30, no. 4 (July 17, 2019): 622–33. http://dx.doi.org/10.1177/1049732319862536.

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The mental health of gay and bisexual men in mixed-orientation marriages is poorly understood. In this article, the authors explore the development of anxiety and depression among gay and bisexual men in heterosexual marriages. Sixteen men, living in the Australian states of New South Wales, Queensland, Victoria, and Tasmania were interviewed throughout 2016 and 2017. An analysis of interviews identified four main themes, namely, compulsory heterosexuality, existential distress, compartmentalization, and integration and resolution. Participants reported experiencing anxiety and depression, which were exacerbated by the stigmatization of same-sex attraction and by an overwhelming distress from feelings of shame and guilt regarding their marital infidelity. Findings indicate that gay and bisexual men in mixed-orientation marriages develop anxiety and depression in response to the exigencies of compulsory heterosexuality and the compartmentalizing of same-sex attraction and identity during heterosexual marriage. Coming-out as same-sex attracted resolved men’s distress by facilitating an integrative self-structure.
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McAllister, Ian, and Feodor Snagovsky. "Explaining voting in the 2017 Australian same-sex marriage plebiscite." Australian Journal of Political Science 53, no. 4 (July 31, 2018): 409–27. http://dx.doi.org/10.1080/10361146.2018.1504877.

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Nguyen, Thi Huyen Linh. "New Zealand same-sex marriage legislation in the Australian media." Continuum 29, no. 3 (May 4, 2015): 287–303. http://dx.doi.org/10.1080/10304312.2015.1025358.

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Gravelle, Timothy B., and Andrea Carson. "Explaining the Australian marriage equality vote: An aggregate-level analysis." Politics 39, no. 2 (December 28, 2018): 186–201. http://dx.doi.org/10.1177/0263395718815786.

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The Australian public voted in November 2017 in favour of changing the law to allow for same-sex marriage – only the second such national popular vote after Ireland in 2015. Though 61.6% of the Australian public voting in the Marriage Law Postal Survey voted Yes in support of marriage equality, this support was not uniformly distributed across the country, with support at the electoral division level varying between 26.1% and 83.7%. What, then, explains such variation in support for same-sex marriage among the Australian public? In this article, we advance an aggregate, electoral division-level explanation of the Yes vote that links support for the legalisation of same-sex marriage to a set of local-level political and socio-demographic factors.
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Hegarty, Benjamin, Daniel Marshall, Mary Lou Rasmussen, Peter Aggleton, and Rob Cover. "Heterosexuality and Race in the Australian Same-Sex Marriage Postal Survey." Australian Feminist Studies 33, no. 97 (July 3, 2018): 400–416. http://dx.doi.org/10.1080/08164649.2018.1536441.

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Chen, Peter J. "Civic discourse on Facebook during the Australian same‐sex marriage postal plebiscite." Australian Journal of Social Issues 54, no. 3 (August 19, 2019): 285–304. http://dx.doi.org/10.1002/ajs4.74.

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Poulos, Elenie. "The power of belief: religious freedom in Australian parliamentary debates on same-sex marriage." Australian Journal of Political Science 55, no. 1 (January 2, 2020): 1–19. http://dx.doi.org/10.1080/10361146.2019.1706719.

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Rodgers, Jessica. "‘Live your liberation – don't lobby for it’: Australian queer student activists' perspectives of same-sex marriage." Continuum 24, no. 4 (August 2010): 601–17. http://dx.doi.org/10.1080/10304312.2010.489722.

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Perales, Francisco, Gary Bouma, and Alice Campbell. "Religion, Support of Equal Rights for Same-Sex Couples and the Australian National Vote on Marriage Equality." Sociology of Religion 80, no. 1 (May 28, 2018): 107–29. http://dx.doi.org/10.1093/socrel/sry018.

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Harisudin, M. Noor. "The Study of Australian Government Policies on Maqasid al-Sharia Perspective." Justicia Islamica 18, no. 2 (November 19, 2021): 227–42. http://dx.doi.org/10.21154/justicia.v18i2.2772.

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This article discusses the Australian government policies from the perspective of Maqasid al-Shari’a. The performance of policies focusing on the study is traffic laws, taxes, the environment, and anti-domestic violence. In several literature pieces, Maqasid al-Shari’a is defined as the purpose, objective, and secret set by Allah SWT in every Sharia law. Maqasid al-Shari’a is also defined as “something that is the goal (Shari) of Allah in making law.” In addition to being ‘ammah (general), khassah (unique), and juz’iyah (parts), in Islam, Maqasid al-Shari’a is based on five main points as follows: protecting religion, protecting the soul, protecting reason, protecting property, and protecting descendants. After conducting in-depth interviews with several informants, books, journals and tracing the laws on traffic, tax, environment, and anti-domestic violence in Australia, the conclusion is that the Australian government policies are based on Maqasid al-Shari’a in one part. However, it is not a country based on religion or Sharia in the other part. Australia is a liberal country providing freedom for its citizens to have faith or no belief. However, in several other respects, it appears that the Australian government’s policies are against the Maqasid al-Shari’a, such as the ability to drink heavily in limited spaces, the life of same-sex marriages, and so on. This article is critical in developing policy studies of the non-Islamic countries on Maqasid al-Shari’a perspective.Artikel ini membahas tentang kebijakan pemerintah Australia dalam perspektif Maqashid Syariah. Kebijakan yang menjadi fokus dalam penelitian dimaksud adalah undang-undang lalu lintas, pajak, lingkungan hidup dan anti kekerasan dalam rumah tangga. Dalam sejumlah literatur, Maqashid Sharia sendiri diartikan sebagai maksud, tujuan dan rahasia yang ditetapkan oleh Allah SWT pada setiap hukum Syariah. Maqashid Syariah juga didefinisikan sebagai "sesuatu yang menjadi tujuan (Syari) Allah dalam mensyariatkan hukum”. Selain ada yang bersifat ‘ammah (umum), khassah (khusus) dan juz’iyah (bagian-bagian), dalam Islam Maqashid Syariah didasarkan pada lima hal pokok utama sebagaimana berikut; menjaga agama, menjaga jiwa, menjaga akal, menjaga harta, dan menjaga keturunan. Setelah melakukan wawancara yang mendalam pada sejumlah informan, penelusuran pada buku, jurnal dan undang-undang lalu lintas, pajak, lingkungan hidup dan anti kekerasan dalam rumah tangga di Australia, maka diperoleh kesimpulan bahwa kebijakan pemerintah Australia secara nyata sebagian telah didasarkan pada maqashid syariah, namun pada sebagian yang lain masih belum sesuau maqasyid syariah. Australia adalah negara liberal yang memberikan kebebasan bagi warganya untuk beragama atau tidak beragama. Namun demikian, dalam beberapa hal yang lain, terlihat kebijakan pemerintah Australia yang bertentangan dengan maqasyid sharia seperti kebolehan minumuan keras pada ruang terbatas, hidupnya perkawinan sejenis, dan sebagainya. Artikel ini memberi konstribusi penting dalam studi kebijakan pemerintah Negara bukan Islam dalam perspektif maqashid syariah.
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Thai, Michael, and Leander Y. E. Dellers. "Rejecting equality: Psychological differences between Australian sexual minority men voting “yes,” voting “no,” or abstaining from voting on the legalization of same-sex marriage." Psychology of Sexual Orientation and Gender Diversity 7, no. 2 (June 2020): 186–96. http://dx.doi.org/10.1037/sgd0000368.

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Chesser, Lucy. "‘When Two Loving Hearts Beat as One’: same‐sex marriage, subjectivity and self‐representation in the Australian case of Marion‐Bill‐Edwards, 1906–1916." Women's History Review 17, no. 5 (November 2008): 721–42. http://dx.doi.org/10.1080/09612020802316769.

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Perales, Francisco, and Abram Todd. "Structural stigma and the health and wellbeing of Australian LGB populations: Exploiting geographic variation in the results of the 2017 same-sex marriage plebiscite." Social Science & Medicine 208 (July 2018): 190–99. http://dx.doi.org/10.1016/j.socscimed.2018.05.015.

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Robinson, Shirleene. "Queensland Labor and Lesbian, Gay, Bisexual, Transgender, Intersex and Queer Policy." Queensland Review 18, no. 2 (2011): 207–15. http://dx.doi.org/10.1375/qr.18.2.207.

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Since the Australian Labor Party came to power in Queensland in 1989, social attitudes towards the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community have undergone significant change. In 1989, the decriminalisation of male-to-male homosexuality was the subject of intense debate, even within the ALP, which ultimately put forward the legislation. Today, policies have evolved considerably, with the Queensland ALP endorsing gay marriage and Anna Bligh, the current Queensland Labor Premier, releasing a YouTube video for the ‘It Gets Better’ campaign to give hope to LGBT youth experiencing harassment and perhaps contemplating suicide. During Labor's time in power, apart from the decriminalisation of male-to-male sexual activity, same-sex relationship laws have been reformed, altruistic surrogacy has been introduced and the presumption of lesbian parenthood has been extended. Some areas of LGBTIQ policy are still being contested, however, with debates surrounding civil unions, an equal age of consent and the existence of the ‘gay panic’ defence continuing. This article considers the progression and limits of these policies and areas of LGBTIQ reform that are still being disputed.
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Lilienthal, Gary. "Legislating for Same-Sex Marriage: Sophistical Effectiveness in Australian Law." Issues in Legal Scholarship 15, no. 1 (January 1, 2017). http://dx.doi.org/10.1515/ils-2016-0260.

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AbstractThis paper by-passes the various public tropes, such as “marriage equality”, and concentrates on determining whether or not a same-sex marriage law would be sophistically effective in Australia. It revives the ancient Greek sophistical rhetorical skill of proposing a law, and applies it as a critical context to the topic of legislating for same-sex marriage. The objective is to assess whether or not a same-sex marriage law will be effective in its legislative objects. It proposes to discuss whether the parliament could introduce such a law so that the law’s objects were achieved effectively in the public mind. Argument will try to show that introducing a law to create same-sex marriage would fail because of subsisting priestly legislation on the subject of marriage. Its two hypotheses are that the canon law and other English priestly legislation restrict the scope of marriage regulation, and marriage could not be re-defined to cover same-sex marriage. Sections of the paper examining the law historically employ the historiographical method of identifying underlying norms, the effect of which is occasional reverse chronologies. The article’s conclusion will assert that a statute for legal and duly registered same-sex marriage likely would be, according to sophistical rhetorical reasoning, a fiction misrepresenting the truth of the subsisting legal and social institutions of marriage.
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Lambert, Anthony. "Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia." M/C Journal 13, no. 6 (November 17, 2010). http://dx.doi.org/10.5204/mcj.318.

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In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.
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Foster, Neil James. "How Should Religious Marriage Celebrants Respond If Same Sex Marriage Is Introduced in Australia?" SSRN Electronic Journal, 2015. http://dx.doi.org/10.2139/ssrn.2888754.

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Richardson-Self, Louise Victoria. "Coming Out and Fitting In: Same-Sex Marriage and the Politics of Difference." M/C Journal 15, no. 6 (October 13, 2012). http://dx.doi.org/10.5204/mcj.572.

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Introduction This article argues in favour of same-sex marriage, but only under certain conditions. Same-sex marriage ought to be introduced in the Australian context in order to remedy the formal inequalities between lesbian, gay, bisexual and transgender (LGBT) citizens and their heterosexual/cisgendered counterparts. One common method of justifying the introduction of formal same-sex relationship recognition has been via the promotion of LGBT “normalcy.” This article explores such a trend by analysing popular media and advertising, since media representations and coverage have been shown to affect the way the general public “learns, understands, and thinks about an issue” (Li and Lui 73). This article finds that the promotion of normalcy can, in fact, perpetuate hetero-norms, and only offer LGBT people an imaginary social equality. Such normalisation, it is suggested, is detrimental to a wider goal of gaining respect for LGBT people regardless, not in spite of, their identity and relationships. Yet, this article maintains that such imaginary equality can be avoided, so long as a plurality of possibilities for one’s intimate and familial life are actively legitimated and promoted. Australian Same-Sex Relationship Recognition The Relationships Act 2003 (Tas) was the first piece of Australian legislation to formally recognise same-sex relationships. This act allowed Tasmanian residents to register a partnership, although these unions were not recognised in any other Australian State. However, despite this State-based movement, as well as other examples of same-sex unions gaining increasing recognition in the West, not all legal changes have been positive for LGBT people. One example of this was the Howard Government’s 2004 reformation of the Marriage Act 1961 (Cwlth), which made explicit that marriage could only take place between one man and one woman to the exclusion of all others, and also refused to acknowledge same-sex marriages performed legally overseas. Furthermore, 2012 saw the failure of several Bills which sought the introduction of same-sex marriage at both the State and Federal level. Thus, same-sex marriage is still illegal in Australia to-date. But, despite these major setbacks, other progress towards same-sex relationship recognition has continued. At the Federal level, different-sex and same-sex de facto relationship recognition became formally equal over the period of 2008-9. Furthermore, it is both official Greens and Australian Labor Party policy to support equal marriage rights. At the State level, the example of recognising same-sex civil unions/registered partnerships has been followed by Victoria, the Australian Capital Territory, New South Wales, and Queensland. There are several reasons why same-sex couples may desire the right to marry. Some reasons are practical; in any given Nation-State where same-sex couples are without the right to marry, then same-sex partners are unable to claim the same benefits and undertake the same obligations as heterosexual married couples. They are formally unequal. On the basis of their empirical research Jowett and Peel argue that formal equality is a motivating factor for the same-sex marriage movement, noting that a likely incentive to engage in these unions would be security, since LGBT people have heretofore lived and continue to live with a very real threat of discrimination. This is largely why the option of civil unions was created in the West. The measure was first introduced by Denmark in 1989, and its purpose was to be a marriage-like institution, existing solely for the recognition of same-sex couples (Broberg 149). Although civil unions should theoretically offer same-sex couples the same legal benefits and obligations that heterosexual married couples receive, this is widely believed to be false in practice. The Netherlands has almost achieved full equality, at 96%; however, countries such as Belgium rate poorly, at 48% (Waaldijk 9). As such, it has been argued that civil unions are not sufficient alternatives to marriage. Amitai Etzioni claims, “many gay people feel strongly that unless they are entitled to exactly the same marriages as heterosexuals, their basic individual rights are violated, which they (and many liberals) hold as semisacred” (qtd. in Shanley 65). This opinion demonstrates that formal equality is a key concern of the same-sex marriage debate. However, it is not the only concern. The organisation Australian Marriage Equality (AME), which has been at the forefront of the fight for same-sex marriage since its establishment in 2004, claims that “Civil unions are not as widely understood or respected as marriage and creating a separate name for same-sex relationships entrenches a different, discriminatory, second-class status for these relationships” (Greenwich, The Case for Same-Sex Marriage 3). They claim further that, if recognition continues to be refused, it maintains the message that same-sex partners are not capable of the level of love and commitment associated with marriage (Greenwich, The Case for Same-Sex Marriage). Thus, AME claim that not only do the legal entitlements of civil unions frequently fail to be formally equivalent, but even the difference in name contributes to the ongoing discrimination of LGBT people. Although neither marriage nor civil unions are federally available to same-sex couples in Australia, AME argue that marriage must be primarily endorsed, then (Greenwich, A Failed Experiment 1). The argument is, if Australia were to introduce civil unions, but not marriage, civil unions would reify the second-class status of homosexuals, and would present same-sex relationships and homosexuality as inferior to different-sex relationships and heterosexuality. Thus, the title “marriage” is significant, and one strategy for demonstrating that LGBT people are fit for this title has been by promoting representations of sameness to the heterosexual mainstream. To achieve the status that goes along with the ability to marry, same-sex couples have typically tried to get their relationships publicly recognised and legally regulated in two ways. They have sought to (a) demonstrate that LGBT people do structure their relationships and familial lives according to the heteropatriarchal normative stereotypes of traditional family values, and/or (b) they emphasise the “born this way” aspect of LGBT sexuality/gender identity, refusing to situate it as a choice. This latter aspect is significant, since arguments based on natural “facts” often claim that what is true by nature cannot be changed, and/or what is true by nature is good (Antony 12). These two strategies thus seek to contribute to a shift in the public perception of homosexuals, homosexuality, and same-sex relationships. The idea, in other words, is to promote the LGBT subject as being a “normal” and “good” citizen (Jowett and Peel 206). Media Representations of Normal Gays In Australia, the normalcy of same-sex relationships has been advocated perhaps most obviously in television adverting. One such advertisement is run by Get Up! Action for Australia, an independent, grass-roots advocacy organisation. This ad is shot from a first-person perspective, where the camera is the eyes of the subject. It follows the blossoming of a relationship: from meeting a man on a boat, to exchanging phone numbers, dating, attending social events with friends, sharing special occasions, meeting each other’s families, sharing a home, caring for sick family members, and so forth, finally culminating in a proposal for marriage. Upon the proposal it is revealed that the couple consists of two young-adult, white, middle-class men. The purpose of this advertisement is to surprise the audience member, as the gay couple’s relationship follows the same trajectory of what is typically expected in a heterosexual relationship. The effect, in turn, is to shock the audience member into recognising that same-sex couples are just like different-sex couples. Hopefully, this will also serve to justify to the audience member that LGBT people deserve the same legal treatment as heterosexuals. The couple in this advertisement appear to be monogamous, their relationship seems to have blossomed over a length of time, they support each other’s families, and the couple comes to share a home. Projecting images like these suggests that such aspects are the relevant features of marriage, which LGBT people mimic. The second Australian advertisement from AME, features a young-adult, interracial, gay couple, who also appear to be middle-class. In this advertisement the families of the two partners, Ivan and Chris, comment on the illegal status of same-sex marriage in Australia. The ad opens with Ivan’s parents, and notes the length of their marriage—45 years. Ivan later claims that he wants to get married because he wants to be with Chris for life. These signals remind the viewer that marriage is supposed to be a life-long commitment, despite the prevalence of divorce. The advertisement also focuses on Chris’s parents, who claim that thanks to their son’s relationship their family has now expanded. The ad cuts between segments of spoken opinion and shots of family time spent at dinner, or in a park, and so on. At one point Ivan states, “We’re not activists; we’re just people who want to get married, like everyone else.” This reiterates the “normalcy” of the desire to marry in general, which is confirmed by Chris’s statement when he says, “It means that everyone would accept it. It’s sort of like a normal... A sense of normalcy.” This implies that to be seen as normal is both desirable and good; but more to the point, the ad positions LGBT people as if they are all already normal, and simply await recognition. It does not challenge the perception of what “normalcy” is. Finally, the advertisement closes with the written statement: “Marriage: It’s about family. Everyone’s family.” This advertisement thus draws connections between the legal institution of marriage and socially shared normative conceptions of married family life. While these two advertisements are not the only Australian television ads which support this particular vision of same-sex marriage, they are typical. What is interesting is that this particular image of homosexuality and same-sex relationships is becoming increasingly common in popular media also. For example, American sitcom Modern Family features a gay couple who share a house, have an adopted daughter, and maintain a fairly traditional lifestyle where one works full time as a lawyer, while the other remains at home and is the primary care-giver for their daughter. Their relationship is also monogamous and long-term. The couple is white, and they appear to have a middle-class status. Another American sitcom, The New Normal, features a white gay couple (one is Jewish) who also share a home, are in a long-term monogamous relationship, and who both have careers. This sitcom centres on this couple’s decision to have a child and the life of the woman who decides to act as their surrogate. This couple are also financially well off. Both of these sitcoms have prime Australian television slots. Although the status of the couples’ relationships in the aforementioned sitcoms is not primarily focussed on, they each participate in a relationship which is traditionally marriage-like in structure. This includes long-term commitment, monogamy, sharing a home and economic arrangements, starting and raising a family, and so on. And it is the very marriage-like aspects of same-sex relationships which Australian equal marriage advocates have used to justify why same-sex marriage should be legal. The depiction of on-screen homosexual couples (who are gay, rather than lesbian, bisexual, or trans) and the public debate in favour of same-sex marriage both largely promote and depend upon the perception of these relationships as effectively "the same" as heterosexual relationships in terms of structure, goals, commitment, life plans, lifestyle, and so on. A comment should be made on the particular representations in the examples above. The repetition of images of the LGBT community as primarily male, white, young-adult, middle-class, straight-looking, monogamous, and so on, comes at the expense of distancing even further those who do not conform to this model (Borgerson et. al. 959; Fejes 221). These images represent what Darren Rosenblum calls “but-for queers,” meaning that but-for their sexual orientation, these people would be just the same as “normal” heterosexuals. Rosenblum has commented on the increased juridical visibility of but-for queers and the legal gains they have won; however, he criticises that these people have been unable to adequately challenge heterosexism since their acceptance is predicated on being as much like normative heterosexuals as possible (84-5). Heterosexism and heteronormativity refer to the ways in which localised practices and centralised institutions legitimise and privilege heterosexuality, seeing it as fundamental, natural, and normal (Cole and Avery 47). If the only queers who gain visibility thanks to these sitcoms and advertisements are but-for queers, the likelihood that heterosexism will be challenged with the legal recognition of same-sex marriage drastically decreases. Appeals to sameness and normalcy typically refuse to critically examine heteronormative standards of acceptability. This results in the continued promotion of the “sexually involved couple,” realised according to particular normative standards, as the appropriate, best, or even natural trajectory for one’s intimate life. Thus, a key reason that some LGBT people have rejected marriage as an appropriate goal is because assimilative inclusion does not offer a legitimately respected social identity to LGBT people as a whole. When legal changes promoting the equality of LGBT people are predicated on their assimilation to heteronormative relationship criteria, this can only achieve “imaginary” equality and the illusion of progress, while real instances of homophobia, discrimination, marginalisation and hostility towards LGBT people continue (Richardson 394). Thus, given the highly specified representations of “normal” LGBT people, it is fair to conclude that there is a biased representation of same-sex relationships on-screen in terms of sex, race, ability, wealth, monogamy, and so on. The assimilationist strategy of publicising particularly gay identity and relationships as just like heterosexuality appears to depoliticise queerness and render lesbians, bisexuals, and transgender people more or less invisible. This can be problematic insofar as the subversive role that queer identity could play in bringing about social change regarding acceptability of other sexual and intimate relationships is lessened (Richardson 395-6). The question that emerges at this point, then, is whether same-sex marriage is doomed to perpetuate hetero-norms and designate all other non-conformists as socially, morally, and/or legally inferior. Pluralisation Ironically, while some activists reject civil unions, their introduction may be crucial to support a “pluralisation strategy.” AME is, in fact, not opposed to civil unions, so long as they do not pretend to be marriage (Greenwich, A Failed Experiment 1). However, AME’s main focus is still on achieving marriage equality, rather than promoting a diverse array of relationship recognition. A pluralisation strategy, though, would seek to question the very normative and hierarchical status of marriage, given the strategy’s key aim of greater options for legally regulated relationship recognition. Regarding polyamorous relationships specifically, Elizabeth Emens has argued that,The existence of some number of people choosing to live polyamorous lives should prompt us all to [...] think about our own choices and about the ways that our norms and laws urge upon us one model rather than pressing us to make informed, affirmative choices about what might best suit our needs and desires.” (in Shanley 79) While non-monogamous relationships have frequently been rejected, even by same-sex marriage activists, since they too threaten traditional forms of marriage, the above statement clearly articulates the purpose of the pluralisation strategy: to challenge people to think about the way norms and laws press one model upon people, and to challenge that model by engaging in and demanding recognition for other models of intimate and familial relationships. When a variety of formal options for legalising various types of relationships is legislated for, this allows people greater choice in how they can conceive and structure their relationships. It also creates a political space where norms can be publicly assessed, criticised, and re-evaluated. Thus, the goal to be achieved is the representation of multiple relationship/family structures as being of equal worth, rather than fixing them in a relationship hierarchy where traditional marriage is the ideal. There exist many examples of people who “do relationships differently”—whether they are homosexual, polyamorous, asexual, step-families, and so on—and the existence of these must come to be reflected as equally valuable and viable options in the dominant social imaginary. Representations in popular media are one avenue, for example, which advocates of this pluralisation strategy might employ in order to achieve such a shift. Another avenue is advocacy. If advocacy on the importance of formally recognising multiple types of relationships increased, this may balance the legitimacy of these relationships with marriage. Furthermore, it may prevent the perpetuation of hetero-norms and increase respect for LGBT identity, since they would be less likely to be pressured into assimilation. Thus, same-sex marriage activists could, in fact, gain from taking up the cause of refusing one single model for relationship-recognition (Calhoun 1037). In this sense, then, the emergence of civil union schemes as an alternative to marriage in the West has potentially yielded something very valuable in the way of increasing options regarding one’s intimate life, especially in the Australian context where diverse recognition has already begun. Interestingly, Australia has come some way towards pluralisation at the State level; however, it is hardly actively promoted. The civil union schemes of both Tasmania and Victoria have a provision entitling “caring couples” to register their relationships. A “caring couple” involves two people who are not involved in a sexual relationship, who may or may not be related, and who provide mutual or one-sided care to the other. The caring couple are entitled to the same legal benefits as those romantic couples who register their relationships. One can infer then, that not only sexual relationships, but those of the caring couple as in Tasmania and Victoria, or possibly even those of a relationship like one “between three single mothers who are not lovers but who have thrown in their lot together as a family,” could be realised and respected if other alternatives were available and promoted alongside marriage (Cornell, in Shanley 84). While Australia would have quite some way to go to achieve these goals, the examples of Tasmania and Victoria are a promising start in the right direction. Conclusion This paper has argued that marriage is a goal that LGBT people should be wary of. Promoting limited representations of same-sex oriented individuals and couples can perpetuate the primacy of hetero-norms, and fail to deliver respect for all LGBT people. However, despite the growing trend of justifying marriage and homosexuality thanks to “normalcy”, promotion of another strategy—a pluralisation strategy—might result in more beneficial outcomes. It may result in a more balanced weight of normative worth between institutions and types of recognition, which may then result in citizens feeling less compelled to enter marriage. Creating formal equality while pursuing the promotion of other alternatives as legitimate will result in a greater acceptance of queer identity than will the endorsement of same-sex marriage justified by LGBT normalcy. While the latter may result in speedier access to legal benefits for some, the cost of such a strategy should be underscored. Ultimately, a pluralisation strategy should be preferred. References Antony, Louise M. “Natures and Norms.” Ethics 111.1 (2000): 8–36. Australian Marriage Equality. "The Hintons, a Family that Supports Marriage Equality" YouTube. (2012) 24 Nov. 2012 ‹http://www.youtube.com/watch?v=M7hwFD4Ii3E›. Borgerson, Janet, Jonathan E. Schroeder, Britta Blomberg, and Erika Thorssén. “The Gay Family in the Ad: Consumer Responses to Non-Traditional Families.” Journal of Marketing Management 22.9–10 (2006): 955–78. Broberg, Morten. “The Registered Partnership for Same-Sex Couples in Denmark.” Child and Family Law Quarterly 8.2 (1996):149–56. Calhoun, Cheshire. “Who’s Afraid of Polygamous Marriage? Lessons for Same-Sex Marriage Advocacy from the History of Polygamy.” San Diego Law Review 42 (2005): 1023–42. Cole, Elizabeth, and Lanice Avery. “Against Nature: How Arrangements about the Naturalness of Marriage Privilege Heterosexuality.” Journal of Social Issues 68.1 (2012): 46–62. Fejes, Fred. “Advertising and the Political Economy of Lesbian/Gay Identity.” Sex & Money: Feminism and Political Economy in the Media. Ed. Eileen Meehan & Ellen Riordan. Minnesota: University of Minnesota Press (2001): 213–22. GetUp!. "It’s Time." YouTube. (2011) 24 Nov. 2012 ‹http://www.youtube.com/watch?v=_TBd-UCwVAY›. Greenwich, Alex. “A Failed Experiment: Why Civil Unions Are No Substitute For Marriage Equality”. Australian Marriage Equality. (2009): 1–13. 20 Nov. 2012 ‹http://www.australianmarriageequality.com/wp/wp-content/uploads/2010/12/A-failed-experiment.pdf›. —. “The Case for Same-Sex Marriage”. Australian Marriage Equality. 2011. 20 Nov. 2012 ‹http://www.australianmarriageequality.com/wp/wp-content/uploads/2011/08/Why-Marriage-Equality.pdf›. Jowett, Adam, and Elizabeth Peel. “'Seismic Cultural Change?’: British Media Representations of Same-Sex Marriage.” Women’s Studies International Forum 33 (2010): 206–14. Li, Xigen, and Xudong Liu. “Framing and Coverage of Same-Sex Marriage in U.S. Newspapers.” Howard Journal of Communications 21 (2010): 72–91. Marriage Act 1961 (Cwlth). 20 Sept. 2012 ‹http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/›. Mclean, Sam. “About GetUp!” GetUp! Action for Australia. 2012. 20 Nov. 2012 ‹http://www.getup.org.au/about›. Relationships Act 2003 (Tas). 20 Sept. 2012 ‹http://www.austlii.edu.au/au/legis/tas/consol_act/ra2003173/›. Relationships Act 2008 (Vic). Web. 20 Nov. 2012 ‹http://www.austlii.edu.au/au/legis/vic/consol_act/ra2008173/›. Richardson, Diane. “Locating Sexualities: From Here to Normality.” Sexualities 7.4 (2004): 391–411. Rosenblum, Darren. “Queer Intersectionality and the Failure of Recent Lesbian and Gay ‘Victories.’” Law & Sexuality 4 (1994): 83–122. Shanley, Mary Lyndon. Just Marriage. Oxford: Oxford University Press, 2004. Waaldijk, Kees. More or Less Together: Levels of Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners. A Comparative Study of Nine European Countries. Paris: Institut National d’Etudes Démographiques, 2005.
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Roos, Oscar I., and Anita Mackay. "A Shift in the United Nations Human Rights Committee’s Jurisprudence on Marriage Equality? An Analysis of Two Recent Communications from Australia." University of New South Wales Law Journal 42, no. 2 (June 2019). http://dx.doi.org/10.53637/dley3725.

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The United Nations Human Rights Committee has not considered whether the International Covenant on Civil and Political Rights (‘ICCPR’) encompasses a right to marry a person of the same sex since 2002 in Joslin v New Zealand. In Joslin v New Zealand the Committee determined that the right to marry contained in article 23(2) of the ICCPR referred only to opposite-sex marriage, and it foreclosed any separate claim based on the general right of nondiscrimination contained in article 26 of the ICCPR. This article maintains that two recent communications to the Committee from Australia, C v Australia and G v Australia, prefigure a shift in the Committee’s jurisprudence on marriage equality. Although the Views adopted in 2017 by the Committee in each communication do not expressly disapprove of Joslin v New Zealand, on close analysis they support a re-interpretation of the right to marry which encompasses a right to marry a person of the same sex. In the alternative, in the event that the Committee continues to adhere to the Joslin v New Zealand interpretation of the right to marry, G v Australia and C v Australia support a determination that a State Party which fails to provide for marriage equality violates the article 26 right to non-discrimination.
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40

Baird, Barbara. "Before the Bride Really Wore Pink." M/C Journal 15, no. 6 (November 28, 2012). http://dx.doi.org/10.5204/mcj.584.

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Introduction For some time now there has been a strong critical framework that identifies a significant shift in the politics of homosexuality in the Anglo-oriented West over the last fifteen to twenty years. In this article I draw on this framework to describe the current moment in the Australian cultural politics of homosexuality. I focus on the issue of same-sex marriage as a key indicator of the currently emerging era. I then turn to two Australian texts about marriage that were produced in “the period before” this time, with the aim of recovering what has been partially lost from current formations of GLBT politics and from available memories of the past. Critical Histories Lisa Duggan’s term “the new homonormativity” is the frame that has gained widest currency among writers who point to the incorporation of certain versions of homosexuality into the neo-liberal (U.S.) mainstream. She identifies a sexual politics that “does not contest dominant heteronormative assumptions and institutions, but upholds and sustains them, while promising the possibility of a demobilized gay constituency and a privatized, depoliticized gay culture anchored in domesticity and consumption” (50). More recently, writing of the period inaugurated by the so-called “war on terror” and following Duggan, Jasbir Puar has introduced the term “homonationalism” to refer to “a collusion between homosexuality and American nationalism that is generated both by national rhetorics of patriotic inclusion and by gay and queer subjects themselves” (39). Damien Riggs adds the claims of Indigenous peoples in ongoing colonial contexts to the ground from which contemporary GLBT political claims can be critiqued. He concludes that while “queer people” will need to continue to struggle for rights, it is likely that cultural intelligibility “as a subject of the nation” will be extended only to those “who are established through the language of the nation (i.e., one that is founded upon the denial of colonial violence)” (97). Most writers who follow these kinds of critical analyses refer to the discursive place of homosexual couples and families, specifically marriage. For Duggan it was the increasing focus on “full gay access to marriage and military service” that defined homonormativity (50). Puar allows for a diversity of meanings of same-sex marriage, but claims that for many it is “a demand for reinstatement of white privileges and rights—rights of property and inheritance in particular” (29; see also Riggs 66–70). Of course not all authors locate the political focus on same-sex marriage and its effects as a conservative affair. British scholar Jeffrey Weeks stresses what “we” have gained and celebrates the rise of the discourse of human rights in relation to sexuality. “The very ordinariness of recognized same-sex unions in a culture which until recently cast homosexuality into secret corners and dark whispers is surely the most extraordinary achievement of all” (198), he writes. Australian historian Graham Willett takes a similar approach in his assessment of recent Australian history. Noting the near achievement of “the legal equality agenda for gay people” (“Homos” 187), he notes that “the gay and lesbian movement went on reshaping Australian values and culture and society through the Howard years” (193). In his account it did this in spite of, and untainted by, the dominance of Howard's values and programs. The Howard period was “littered with episodes of insult and discrimination … [as the] government tried to stem the tide of gay, lesbian and transgender rights that had been flowing so strongly since 1969”, Willett writes (188). My own analysis of the Howard years acknowledges the significant progress made in law reform relating to same-sex couples and lesbian and gay parents but draws attention to its mutual constitution with the dominance of the white, patriarchal, neo-liberal and neo-conservative ideologies which dominated social and political life (2013 forthcoming). I argue that the costs of reform, fought for predominantly by white and middle class lesbians and gay men deploying homonormative discourses, included the creation of new identities—single lesbians and gays whose identity did not fit mainstream notions, non-monogamous couples and bad mothers—which were positioned on the illegitimate side of the newly enfranchised. Further the success of the reforms marginalised critical perspectives that are, for many, necessary tools for survival in socially conservative neoliberal times. Same-Sex Marriage in Australia The focus on same-sex marriage in the Australian context was initiated in April 2004 by then Prime Minister Howard. An election was looming and two same-sex couples were seeking recognition of their Canadian marriages through the courts. With little warning, Howard announced that he would amend the Federal Marriage Act to specify that marriage could only take place between a man and a woman. His amendment also prevented the recognition of same-sex marriages undertaken overseas. Legislation was rushed through the parliament in August of that year. In response, Australian Marriage Equality was formed in 2004 and remains at the centre of the GLBT movement. Since that time political rallies in support of marriage equality have been held regularly and the issue has become the key vehicle through which gay politics is understood. Australians across the board increasingly support same-sex marriage (over 60% in 2012) and a growing majority of gay and lesbian people would marry if they could (54% in 2010) (AME). Carol Johnson et al. note that while there are some critiques, most GLBT people see marriage “as a major equality issue” (Johnson, Maddison and Partridge 37). The degree to which Howard’s move changed the terrain of GLBT politics cannot be underestimated. The idea and practice of (non-legal) homosexual marriage in Australia is not new. And some individuals, publicly and privately, were calling for legal marriage for same-sex couples before 2004 (e.g. Baird, “Kerryn and Jackie”). But before 2004 legal marriage did not inspire great interest among GLBT people nor have great support among them. Only weeks before Howard’s announcement, Victorian legal academic and co-convenor of the Victorian Gay & Lesbian Rights Lobby Miranda Stewart concluded an article about same-sex relationship law reform in Victoria with a call to “begin the debate about gay marriage” (80, emphasis added). She noted that the growing number of Australian couples married overseas would influence thinking about marriage in Australia. She also asked “do we really want to be part of that ‘old edifice’ of marriage?” (80). Late in 2003 the co-convenors of the NSW Gay and Lesbian Rights Lobby declared that “many members of our community are not interested in marriage” and argued that there were more pressing, and more practical, issues for the Lobby to be focused on (Cerise and McGrory 5). In 2001 Jenni Millbank and Wayne Morgan, two leading legal academics and activists in the arena of same-sex relationship politics in Australia, wrote that “The notion of ‘same-sex marriage’ is quite alien to Australia” (Millbank and Morgan, 295). They pointed to the then legal recognition of heterosexual de facto relationships as the specific context in Australia, which meant that marriage was not viewed as "paradigmatic" (296). In 1998 a community consultation conducted by the Equal Opportunity Commission in Victoria found that “legalising marriage for same-sex couples did not enjoy broad based support from either the community at large or the gay and lesbian community” (Stewart 76). Alongside this general lack of interest in marriage, from the early-mid 1990s gay and lesbian rights groups in each state and territory began to think about, if not campaign for, law reform to give same-sex couples the same entitlements as heterosexual de facto couples. The eventual campaigns differed from state to state, and included moments of high profile public activity, but were in the main low key affairs that met with broadly sympathetic responses from state and territory ALP governments (Millbank). The previous reforms in every state that accorded heterosexual de facto couples near equality with married couples meant that gay and lesbian couples in Australia could gain most of the privileges available to heterosexual couples without having to encroach on the sacred territory (and federal domain) of marriage. In 2004 when Howard announced his marriage bill only South Australia had not reformed its law. Notwithstanding these reforms, there were matters relating to lesbian and gay parenting that remained in need of reform in nearly every jurisdiction. Further, Howard’s aggressive move in 2004 had been preceded by his dogged refusal to consider any federal legislation to remove discrimination. But in 2008 the new Rudd government enacted legislation to remove all discrimination against same-sex couples in federal law, with marriage and (ironically) the lack of anti-discrimination legislation on the grounds of sexuality the exceptions, and at the time of writing most states have made or will soon implement the reforms that give full lesbian and gay parenting rights. In his comprehensive account of gay politics from the 1950s onwards, published in 2000, Graham Willett does not mention marriage at all, and deals with the moves to recognise same-sex relationships in one sixteen line paragraph (Living 249). Willett’s book concludes with the decriminalisation of sex between men across every state of Australia. It was written just as the demand for relationship reform was becoming the central issue of GLBT politics. In this sense, the book marks the end of one era of homosexual politics and the beginning of the next which, after 2004, became organised around the desire for marriage. This understanding of the recent gay past has become common sense. In a recent article in the Adelaide gay paper blaze a young male journalist wrote of the time since the early 1970s that “the gay rights movement has shifted from the issue of decriminalising homosexuality nationwide to now lobbying for full equal rights for gay people” (Dunkin 3). While this (reductive and male-focused) characterisation is not the only one possible, I simply note that this view of past and future progress has wide currency. The shift of attention in this period to the demand for marriage is an intensification and narrowing of political focus in a period of almost universal turn by state and federal governments to neoliberalism and an uneven turn to neo-conservatism, directions which have detrimental effects on the lives of many people already marginalised by discourses of sexuality, race, class, gender, migration status, (dis)ability and so on. While the shift to the focus on marriage from 2004 might be understood as the logical final step in gaining equal status for gay and lesbian relationships (albeit one with little enthusiasm from the GLBT political communities before 2004), the initiation of this shift by Prime Minister Howard, with little preparatory debate in the LGBT political communities, meant that the issue emerged onto the Australian political agenda in terms defined by the (neo)conservative side of politics. Further, it is an example of identity politics which, as Lisa Duggan has observed in the US case, is “increasingly divorced from any critique of global capitalism” and settles for “a stripped-down equality, paradoxically imagined as compatible with persistent overall inequality” (xx). Brides before Marriage In the last part of this article I turn to two texts produced early in 1994—an activist document and an ephemeral performance during the Sydney Gay and Lesbian Mardi Gras parade. If we point only to the end of the era of (de)criminalisation, then the year 1997, when the last state, Tasmania, decriminalised male homosex, marks the shift from one era of the regulation of homosexuality to another. But 1994 bore the seeds of the new era too. Of course attempts to identify a single year as the border between one era and the next are rhetorical devices. But some significant events in 1994 make it a year of note. The Australian films Priscilla: Queen of the Desert and The Sum of Us were both released in 1994, marking particular Australian contributions to the growing presence of gay and lesbian characters in Western popular culture (e.g. Hamer and Budge). 1994 was the UN International Year of the Family (IYF) and the Sydney Gay and Lesbian Mardi Gras chose the theme “We are Family” and published endorsement from both Prime Minister Keating and the federal opposition leader John Hewson in their program. In 1994 the ACT became the first Australian jurisdiction to pass legislation that recognised the rights and entitlements of same-sex couples, albeit in a very limited and preliminary form (Millbank 29). The NSW Gay and Lesbian Rights Lobby's (GLRL) 1994 discussion paper, The Bride Wore Pink, can be pinpointed as the formal start to community-based activism for the legal recognition of same-sex relationships. It was a revision of an earlier version that had been the basis for discussion among (largely inner Sydney) gay and lesbian communities where there had been lively debate and dissent (Zetlein, Lesbian Bodies 48–57). The 1994 version recommended that the NSW government amend the existing definition of de facto in various pieces of legislation to include lesbian and gay relationships and close non-cohabiting interdependent relationships as well. This was judged to be politically feasible. In 1999 NSW became the first state to implement wide ranging reforms of this nature although these were narrower than called for by the GLRL, “including lesser number of Acts amended and narrower application and definition of the non-couple category” (Millbank 10). My concern here is not with the politics that preceded or followed the 1994 version of The Bride, but with the document itself. Notwithstanding its status for some as a document of limited political vision, The Bride bore clear traces of the feminist and liberationist thinking, the experiences of the AIDS crisis in Sydney, and the disagreements about relationships within lesbian and gay communities that characterised the milieu from which it emerged. Marriage was clearly rejected, for reasons of political impossibility but also in light of a list of criticisms of its implication in patriarchal hierarchies of relationship value (31–2). Feminist analysis of relationships was apparent throughout the consideration of pros and cons of different legislative options. Conflict and differences of opinion were evident. So was humour. The proliferation of lesbian and gay commitment ceremonies was listed as both a pro and a con of marriage. On the one hand "just think about the prezzies” (31); on the other, “what will you wear” (32). As well as recommending change to the definition of de facto, The Bride recommended the allocation of state funds to consider “the appropriateness or otherwise of bestowing entitlements on the basis of relationships,” “the focusing on monogamy, exclusivity and blood relations” and the need for broader definitions of “relationships” in state legislation (3). In a gesture towards a political agenda beyond narrowly defined lesbian and gay interests, The Bride also recommended that “the lesbian and gay community join together with other groups to lobby for the removal of the cohabitation rule in the Social Security Act 1991” (federal legislation) (34). This measure would mean that the payment of benefits and pensions would not be judged in the basis of a person’s relationship status. While these radical recommendations may not have been energetically pursued by the GLRL, their presence in The Bride records their currency at the time. The other text I wish to excavate from 1994 is the “flotilla of lesbian brides” in the 1994 Sydney Gay and Lesbian Mardi Gras. These lesbians later appeared in the April 1994 issue of Sydney lesbian magazine Lesbians on the Loose, and they have a public afterlife in a photo by Sydney photographer C Moore Hardy held in the City of Sydney archives (City of Sydney). The group of between a dozen and twenty lesbians (it is hard to tell from the photos) was dressed in waist-to-ankle tulle skirts, white bras and white top hats. Many wore black boots. Unshaven underarm hair is clearly visible. Many wore long necklaces around their necks and the magazine photo makes clear that one bride has a black whip tucked into the band of her skirt. In an article about lesbians and legal recognition of their relationships published in 1995, Sarah Zetlein referred to the brides as “chicks in white satin” (“Chicks”). This chick was a figure that refused the binary distinction between being inside and outside the law, which Zetlein argued characterised thinking about the then emerging possibilities of the legal recognition of lesbian (and gay) relationships. Zetlein wrote that “the chick in white satin”: Represents a politics which moves beyond the concerns of one’s own identity and demands for inclusion to exclusion to a radical reconceptualisation of social relations. She de(con)structs and (re) constructs. … The chick in white satin’s resistance often lies in her exposure and manipulation of her regulation. It is not so much a matter of saying ‘no’ to marriage outright, or arguing only for a ‘piecemeal’ approach to legal relationship regulation, or lobbying for de facto inclusion as was recommended by The Bride Wore Pink, but perverting the understanding of what these legally-sanctioned sexual, social and economic relationships mean, hence undermining their shaky straight foundations.(“Chicks” 56–57) Looking back to 1994 from a time nearly twenty years later when (straight) lesbian brides are celebrated by GLBT culture, incorporated into the mainstream and constitute a market al.ready anticipated by “the wedding industrial complex” (Ingraham), the “flotilla of lesbian brides” can be read as a prescient queer negotiation of their time. It would be a mistake to read the brides only in terms of a nascent interest in legally endorsed same-sex marriage. In my own limited experience, some lesbians have always had a thing for dressing up in wedding garb—as brides or bridesmaids. The lesbian brides marching group gave expression to this desire in queer ways. The brides were not paired into couples. Zetlein writes that “the chick in white satin … [has] a veritable posse of her girlfriends with her (and they are all the brides)” (“Chicks” 63, original emphasis). Their costumes were recognisably bridal but also recognisably parodic and subverting; white but hardly innocent; the tulle and bras were feminine but the top hats were accessories conventionally worn by the groom and his men; the underarm hair a sign of feminist body politics. The whip signalled the lesbian underground sexual culture that flourished in Sydney in the early 1990s (O’Sullivan). The black boots were both lesbian street fashion and sensible shoes for marching! Conclusion It would be incorrect to say that GLBT politics and lesbian and gay couples who desire legal marriage in post-2004 Australia bear no trace of the history of ambivalence, critique and parody of marriage and weddings that have come before. The multiple voices in the 2011 collection of “Australian perspectives on same-sex marriage” (Marsh) put the lie to this claim. But in a climate where our radical pasts are repeatedly forgotten and lesbian and gay couples increasingly desire legal marriage, the political argument is hell-bent on inclusion in the mainstream. There seems to be little interest in a dance around the margins of inclusion/exclusion. I add my voice to the concern with the near exclusive focus on marriage and the terms on which it is sought. It is not a liberationist politics to which I have returned in recalling The Bride Wore Pink and the lesbian brides of the 1994 Gay and Lesbian Mardi Gras, but rather an attention to the differences in the diverse collective histories of non-heterosexual politics. The examples I elaborate are hardly cases of radical difference. But even these instances might remind us that “we” have never been on a single road to equality: there may be incommensurable differences between “us” as much as commonalities. They also remind that desires for inclusion and recognition by the state should be leavened with a strong dose of laughter as well as with critical political analysis. References Australian Marriage Equality (AME). “Public Opinion Nationally.” 22 Oct. 2012. ‹http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/›. Baird, Barbara. “The Politics of Homosexuality in Howard's Australia.” Acts of Love and Lust: Sexuality in Australia from 1945-2010. Eds. Lisa Featherstone, Rebecca Jennings and Robert Reynolds. Newcastle: Cambridge Scholars Press, 2013 (forthcoming). —. “‘Kerryn and Jackie’: Thinking Historically about Lesbian Marriages.” Australian Historical Studies 126 (2005): 253–271. Butler, Judith. “Is Kinship Always Already Heterosexual?” Differences 13.1 (2002): 14–44. Cerise, Somali, and Rob McGrory. “Why Marriage Is Not a Priority.” Sydney Star Observer 28 Aug. 2003: 5. City of Sydney Archives [061\061352] (C. Moore Hardy Collection). ‹http://www.dictionaryofsydney.org//image/40440?zoom_highlight=c+moore+hardy›. Duggan Lisa. The Twilight of Equality?: Neoliberalism, Cultural politics, and the Attack on Democracy. Boston: Beacon Press, 2003. Dunkin, Alex. “Hunter to Speak at Dr Duncan Memorial.” blaze 290 (August 2012): 3. Hamer, Diane, and Belinda Budege, Eds. The Good Bad And The Gorgeous: Popular Culture's Romance With Lesbianism. London: Pandora, 1994. Ingraham, Chrys. White Weddings: Romancing Heterosexuality in Popular Culture, 2nd ed. New York: Routledge, 2008. Johnson, Carol, and Sarah Maddison, and Emma Partridge. “Australia: Parties, Federalism and Rights Agendas.” The Lesbian and Gay Movement and the State. Ed. Manon Tremblay, David Paternotte and Carol Johnson. Surrey: Ashgate, 2011. 27–42. Lesbian and Gay Legal Rights Service. The Bride Wore Pink, 2nd ed. Sydney: GLRL, 1994. Marsh, Victor, ed. Speak Now: Australian Perspectives on Same-Sex Marriage. Melbourne: Clouds of Mgaellan, 2011. Millbank Jenni, “Recognition of Lesbian and Gay Families in Australian Law—Part one: Couples.” Federal Law Review 34 (2006): 1–44Millbank, Jenni, and Wayne Morgan. “Let Them Eat Cake and Ice Cream: Wanting Something ‘More’ from the Relationship Recognition Menu.” Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law. Ed. Robert Wintermute and Mads Andenaes. Portland: Hart Publishing, 2001. 295–316. O'Sullivan Kimberley. “Dangerous Desire: Lesbianism as Sex or Politics.” Ed. Jill Julius Matthews. Sex in Public: Australian Sexual Cultures Sydney: Allen and Unwin, 1997. 120–23. Puar, Jasbir K. Terrorist Assemblages: Homonationalism in Queer Times. Durham: Duke UP, 2007 Stewart, Miranda, “It’s a Queer Thing: Campaigning for Equality and Social Justice for Lesbians and Gay Men”. Alternative Law Journal 29.2 (April 2004): 75–80. Walker, Kristen. “The Same-Sex Marriage Debate in Australia.” The International Journal of Human Rights 11.1–2 (2007): 109–130. Weeks, Jeffrey. The World We Have Won: The Remaking of Erotic and Intimate Life. Abindgdon: Routledge, 2007. Willett, Graham. Living Out Loud: A History of Gay and Lesbian Activism in Australia. Sydney: Allen & Unwin, 2000. Willett, Graham. “Howard and the Homos.” Social Movement Studies 9.2 (2010): 187–199. Zetlein, Sarah. Lesbian Bodies Before the Law: Intimate Relations and Regulatory Fictions. Honours Thesis, University of Adelaide, 1994. —. “Lesbian Bodies before the Law: Chicks in White Satin.” Australian Feminist Law Journal 5 (1995): 48–63.
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Hurcombe, Edward Flipo. "EXAMINING THE ROLE AND SIGNIFICANCE OF EMERGING SOCIAL NEWS OUTLETS AND THEIR ADVOCACY JOURNALISM IN THE 2017 AUSTRALIAN SAME-SEX MARRIAGE POSTAL SURVEY." AoIR Selected Papers of Internet Research, February 2, 2020. http://dx.doi.org/10.5210/spir.v2018i0.10488.

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This paper examines emerging news forms and journalistic practices within Australia that are native to social media. It argues that these shared forms and practices constitute a new genre of ‘social news’. Social news embodies specific kinds of platform vernaculars and pop-cultural sensibilities, and challenges journalistic norms of ‘objectivity’ and ‘balance’ by consistently adopting an overtly positioned perspective. Three Australian-based outlets are studied through this conceptual lens: BuzzFeedOz News, Junkee Media, and Pedestrian.tv. Using digital tools alongside manual methods, this paper investigates the role and significance of these outlets on Twitter and Facebook during the August-November 2017 same-sex marriage postal survey. The survey was commissioned by the incumbent conservative Liberal-National Australian government to gauge nationwide support for same-sex marriage. During the survey, social news outlets played an advocacy and activist role. These outlets refrained from publishing provocative ‘No’ op-eds, and Junkee Media and Pedestrian.tv actively encouraged readers to enrol and vote ‘Yes’. Preliminary findings indicate that social news outlets were moderately-to-highly visible on Twitter during the postal survey period. On Facebook, advocacy posts received low-to-moderate levels of engagement. These findings indicate a shifting but not yet transformed Australian news ecology. In addition, social news’ eschewing of ‘balance’ indicates a challenge from emerging outlets to traditional journalistic norms in Australia. Significantly, in this case the challenge comes from outlets that intelligently critique the value in publishing both sides. Overall, this research highlights that disruptions from social media platforms and cultures can be sources of positive potential for news and journalistic practice.
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Blake, Garth. "The Constitutionality of Diocesan Legislation Relating to Same-Sex Blessings and Marriage in the Anglican Church of Australia: A Case Note." Ecclesiastical Law Journal, December 16, 2021, 1–24. http://dx.doi.org/10.1017/s0956618x21000624.

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In November 2020, the Appellate Tribunal (the Tribunal) of the Anglican Church of Australia (ACA) provided its opinion on references as to the constitutionality of diocesan legislation relating to same-sex blessings and marriage. There were two concurrent references about a marriage blessing service intended for use in the Diocese of Wangaratta (the Wangaratta references). There were also two concurrent references about the Clergy Discipline Ordinance 2019 Amending Ordinance 2019 of the Diocese of Newcastle (the Newcastle references).
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Raj, Senthorun. "Impacting on Intimacy: Negotiating the Marriage Equality Debate." M/C Journal 14, no. 6 (November 6, 2011). http://dx.doi.org/10.5204/mcj.350.

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Introduction How do we measure intimacy? What are its impacts on our social, political and personal lives? Can we claim a politics to our intimate lives that escapes the normative confines of archaic institutions, while making social justice claims for relationship recognition? Negotiating some of these disparate questions requires us to think more broadly in contemporary public debates on equality and relationship recognition. Specifically, by outlining the impacts of the popular "gay marriage" debate, this paper examines the impacts of queer theory in association with public policy and community lobbying for relationship equality. Much of the debate remains polarised: eliminating discrimination is counterposed to religious or reproductive narratives that suggest such recognition undermines the value of the "natural" heterosexual family. Introducing queer theory into advocacy that oscillates between rights and reproduction problematises indexing intimacy against normative ideas of monogamy and family. While the arguments circulated by academics, lawyers, politicians and activists have disparate political and ethical impacts, when taken together, they continue to define marriage as a public regulation of intimacy and citizenship. Citizenship, measured in democratic participation and choice, however, can only be realised through reflexive politics that value difference. Encouraging critical dialogue across disparate areas of the marriage equality debate will have a significant impact on how we make ethical claims for recognising intimacy. (Re)defining Marriage In legislative terms, marriage remains the most fundamental means through which the relationship between citizenship and intimacy is crystallised in Australia. For example, in 2004 the Federal Liberal Government in Australia passed a legislative amendment to the Marriage Act 1961 and expressly defined marriage as a union between a man and a woman. By issuing a public legislative amendment, the Government intended to privilege monogamous (in this case understood as heterosexual) intimacy by precluding same-sex or polygamous marriage. Such an exercise had rhetorical rather than legal significance, as common law principles had previously defined the scope of marriage in gender specific terms for decades (Graycar and Millbank 41). Marriage as an institution, however, is not a universal or a-historical discourse limited to legal or political constructs. Socialist feminist critiques of marriage in the 1950s conceptualised the legal and gender specific constructs in marriage as a patriarchal contract designed to regulate female bodies (Hannam 146). However, Angela McRobbie notes that within a post-feminist context, these historical realities of gendered subjugation, reproduction or domesticity have been "disarticulated" (26). Marriage has become a more democratic and self-reflexive expression of intimacy for women. David Shumway elaborates this idea and argues that this shift has emerged in a context of "social solidarity" within a consumer environment of social fragmentation (23). What this implies is that marriage now evokes a range of cultural choices, consumer practices and affective trends that are incommensurable to a singular legal or historical term of reference. Debating the Politics of Intimacy and Citizenship In order to reflect on this shifting relationship between choice, citizenship and marriage as a concept, it is necessary to highlight that marriage extends beyond private articulations of love. It is a ritualised performance of heterosexual individual (or coupled) citizenship as it entrenches economic and civil rights and responsibilities. The private becomes public. Current neo-liberal approaches to same-sex marriage focus on these symbolic and economic questions of how recognising intimacy is tied to equality. In a legal and political context, marriage is defined in s5 Marriage Act as "the union between a man and a woman to the exclusion of all others, voluntarily entered into for life." While the Act does not imbue marriage with religious or procreative significance, such a gender dichotomous definition prevents same-sex and gender diverse partners from entering into marriage. For Morris Kaplan, this is a problem because "full equality for lesbian and gay citizens requires access to the legal and social recognition of our intimate associations" (201). Advocates and activists define the quest for equal citizenship by engaging with current religious dogma that situates marriage within a field of reproduction, whereby same-sex marriage is seen to rupture the traditional rubric of monogamous kinship and the biological processes of "gender complementarity" (Australian Christian Lobby 1). Liberal equality arguments reject such conservative assertions on the basis that desire, sexuality and intimacy are innate features of human existence and hence always already implicated in public spheres (Kaplan 202). Thus, legal visibility or state recognition becomes crucial to sustaining practices of intimacy. Problematising the broader social impact of a civil rights approach through the perspective of queer theory, the private/public distinctions that delineate citizenship and intimacy become more difficult to negotiate. Equality and queer theory arguments on same-sex marriage are difficult to reconcile, primarily because they signify the different psychic and cultural investments in the monogamous couple. Butler asserts that idealisations of the couple in legal discourse relates to norms surrounding community, family and nationhood (Undoing 116). This structured circulation of sexual norms reifies the hetero-normative forms of relationships that ought to be recognised (and are desired) by the state. Butler also interrogates this logic of marriage, as a heterosexual norm, and suggests it has the capacity to confine rather than liberate subjects (Undoing 118-20). The author's argument relies upon Michel Foucault's notion of power and subjection, where the subject is not an autonomous individual (as conceived in neo liberal discourses) but a site of disciplined discursive production (Trouble 63). Butler positions the heterosexuality of marriage as a "cultural and symbolic foundation" that renders forms of kinship, monogamy, parenting and community intelligible (Undoing 118). In this sense, marriage can be a problematic articulation of state interests, particularly in terms of perpetuating domesticity, economic mobility and the heterosexual family. As former Australian Prime Minister John Howard opines: Marriage is … one of the bedrock institutions of our society … marriage, as we understand it in our society, is about children … providing for the survival of the species. (qtd. in Wade) Howard's politicisation of marriage suggests that it remains crucial to the preservation of the nuclear family. In doing so, the statement also exemplifies homophobic anxieties towards non-normative kinship relations "outside the family". The Prime Ministers' words characterise marriage as a framework which privileges hegemonic ideas of monogamy, biological reproduction and gender dichotomy. Butler responds to these homophobic terms by alluding to the discursive function of a "heterosexual matrix" which codes and produces dichotomous sexes, genders and (hetero)sexual desires (Trouble 36). By refusing to accept the binary neo-liberal discourse in which one is either for or against gay marriage, Butler asserts that by prioritising marriage, the individual accepts the discursive terms of recognition and legitimacy in subjectifying what counts as love (Undoing 115). What this author's argument implies is that by recuperating marital norms, the individual is not liberated, but rather participates in the discursive "trap" and succumbs to the terms of a heterosexual matrix (Trouble 56). In contradistinction to Howard's political rhetoric, engaging with Foucault's broader theoretical work on sexuality and friendship can influence how we frame the possibilities of intimacy beyond parochial narratives of conjugal relationships. Foucault emphasises that countercultural intimacies rely on desires that are relegated to the margins of mainstream (hetero)sexual culture. For example, the transformational aesthetics in practices such as sadomasochism or queer polyamorous relationships exist due to certain prohibitions in respect to sex (Foucault, History (1) 38, and "Sex" 169). Foucault notes how forms of resistance that transgress mainstream norms produce new experiences of pleasure. Being "queer" (though Foucault does not use this word) becomes identified with new modes of living, rather than a static identity (Essential 138). Extending Foucault, Butler argues that positioning queer intimacies within a field of state recognition risks normalising relationships in terms of heterosexual norms whilst foreclosing the possibilities of new modes of affection. Jasbir Puar argues that queer subjects continue to feature on the peripheries of moral and legal citizenship when their practices of intimacy fail to conform to the socio-political dyadic ideal of matrimony, fidelity and reproduction (22-28). Puar and Butler's reluctance to embrace marriage becomes clearer through an examination of the obiter dicta in the recent American jurisprudence where the proscription on same-sex marriage was overturned in California: To the extent proponents seek to encourage a norm that sexual activity occur within marriage to ensure that reproduction occur within stable households, Proposition 8 discourages that norm because it requires some sexual activity and child-bearing and child-rearing to occur outside marriage. (Perry vs Schwarzenegger 128) By connecting the discourse of matrimony and sex with citizenship, the court reifies the value of marriage as an institution of the family, which should be extended to same-sex couples. Therefore, by locating the family in reproductive heterosexual terms, the court forecloses other modes of recognition or rights for those who are in non-monogamous relationships or choose not to reproduce. The legal reasoning in the case evinces the ways in which intimate citizenship or legitimate kinship is understood in highly parochial terms. As Kane Race elaborates, the suturing of domesticity and nationhood, with the rhetoric that "reproduction occur within stable households", frames heterosexual nuclear bonds as the means to legitimate sexual relations (98). By privileging a familial kinship aesthetic to marriage, the state implicitly disregards recognising the value of intimacy in non-nuclear communities or families (Race 100). Australia, however, unlike most foreign nations, has a dual model of relationship recognition. De facto relationships are virtually indistinguishable from marriage in terms of the rights and entitlements couples are able to access. Very recently, the amendments made by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth) has ensured same-sex couples have been included under Federal definitions of de facto relationships, thereby granting same-sex couples the same material rights and entitlements as heterosexual married couples. While comprehensive de facto recognition operates uniquely in Australia, it is still necessary to question the impact of jurisprudence that considers only marriage provides the legitimate structure for raising children. As Laurent Berlant suggests, those who seek alternative "love plots" are denied the legal and cultural spaces to realise them ("Love" 479). Berlant's critique emphasises how current "progressive" legal approaches to same-sex relationships rely on a monogamous (heterosexual) trajectory of the "love plot" which marginalises those who are in divorced, single, polyamorous or multi-parent situations. For example, in the National Year of Action, a series of marriage equality rallies held across Australia over 2010, non-conjugal forms of intimacy were inadvertently sidelined in order to make a claim for relationship recognition. In a letter to the Sydney Star Observer, a reader laments: As a gay man, I cannot understand why gay people would want to engage in a heterosexual ritual called marriage … Why do gay couples want to buy into this ridiculous notion is beyond belief. The laws need to be changed so that gays are treated equal under the law, but this is not to be confused with marriage as these are two separate issues... (Michael 2) Marriage marks a privileged position of citizenship and consumption, to which all other gay and lesbian rights claims are tangential. Moreover, as this letter to the Sydney Star Observer implies, by claiming sexual citizenship through the rubric of marriage, discussions about other campaigns for legislative equality are effectively foreclosed. Melissa Gregg expands on such a problematic, noting that the legal responses to equality reiterate a normative relationship between sexuality and power, where only couples that subscribe to dyadic, marriage-like relationships are offered entitlements by the state (4). Correspondingly, much of the public activism around marriage equality in Australia seeks to achieve its impact for equality (reforming the Marriage Act) by positioning intimacy in terms of state legitimacy. Butler and Warner argue that when speaking of legitimacy a relation to what is legitimate is implied. Lisa Bower corroborates this, asserting "legal discourse creates norms which universalise particular modes of living…while suppressing other practices and identities" (267). What Butler's and Bower's arguments reveal is that legitimacy is obtained through the extension of marriage to homosexual couples. For example, Andrew Barr, the current Labor Party Education Minister in the Australian Capital Territory (ACT), noted that "saying no to civil unions is to say that some relationships are more legitimate than others" (quoted in "Legal Ceremonies"). Ironically, such a statement privileges civil unions by rendering them as the normative basis on which to grant legal recognition. Elizabeth Povinelli argues the performance of dyadic intimacy becomes the means to assert legal and social sovereignty (112). Therefore, as Jenni Millbank warns, marriage, or even distinctive forms of civil unions, if taken alone, can entrench inequalities for those who choose not to participate in these forms of recognition (8). Grassroots mobilisation and political lobbying strategies around marriage equality activism can have the unintentional impact, however, of obscuring peripheral forms of intimacy and subsequently repudiating those who contest the movement towards marriage. Warner argues that those who choose to marry derive pride from their monogamous commitment and "family" oriented practice, a privilege afforded through marital citizenship (82). Conversely, individuals and couples who deviate from the "normal" (read: socially palatable) intimate citizen, such as promiscuous or polyamorous subjects, are rendered shameful or pitiful. This political discourse illustrates that there is a strong impetus in the marriage equality movement to legitimate "homosexual love" because it mimics the norms of monogamy, stability, continuity and family by only seeking to substitute the sex of the "other" partner. Thus, civil rights discourse maintains the privileged political economy of marriage as it involves reproduction (even if it is not biological), mainstream social roles and monogamous sex. By defining social membership and future life in terms of a heterosexual life-narrative, same-sex couples become wedded to the idea of matrimony as the basis for sustainable intimacy and citizenship (Berlant and Warner 557). Warner is critical of recuperating discourses that privilege marriage as the ideal form of intimacy. This is particularly concerning when diverse erotic and intimate communities, which are irreducible to normative forms of citizenship, are subject to erasure. Que(e)rying the Future of Ethics and Politics By connecting liberal equality arguments with Butler and Warner's work on queer ethics, there is hesitation towards privileging marriage as the ultimate form of intimacy. Moreover, Butler stresses the importance of a transformative practice of queer intimacy: It is crucial…that we maintain a critical and transformative relation to the norms that govern what will not count as intelligible and recognisable alliance and kinship. (Undoing 117) Here the author attempts to negotiate the complex terrain of queer citizenship and ethics. On one hand, it is necessary to be made visible in order to engage in political activism and be afforded rights within a state discourse. Simultaneously, on the other hand, there is a need to transform the prevailing hetero-normative rhetoric of romantic love in order to prevent pathologising bodies or rendering certain forms of intimacy as aberrant or deviant because, as Warner notes, they do not conform to our perception of what we understand to be normal or morally desirable. Foucault's work on the aesthetics of the self offers a possible transformational practice which avoids the risks Warner and Butler mention because it eludes the "normative determinations" of moralities and publics, whilst engaging in an "ethical stylization" (qtd. in Race 144). Whilst Foucault's work does not explicitly address the question of marriage, his work on friendship gestures to the significance of affective bonds. Queer kinship has the potential to produce new ethics, where bodies do not become subjects of desires, but rather act as agents of pleasure. Negotiating the intersection between active citizenship and transformative intimacy requires rethinking the politics of recognition and normalisation. Warner is quite ambivalent as to the potential of appropriating marriage for gays and lesbians, despite the historical dynamism of marriage. Rather than acting as a progressive mechanism for rights, it is an institution that operates by refusing to recognise other relations (Warner 129). However, as Alexander Duttmann notes, recognition is more complex and a paradoxical means of relation and identification. It involves a process in which the majority neutralises the difference of the (minority) Other in order to assimilate it (27). However, in the process of recognition, the Other which is validated, then transforms the position of the majority, by altering the terms by which recognition is granted. Marriage no longer simply confers recognition for heterosexual couples to engage in reproduction (Secomb 133). While some queer couples may subscribe to a monogamous relationship structure, these relationships necessarily trouble conservative politics. The lamentations of the Australian Christian Lobby regarding the "fundamental (anatomical) gender complementarity" of same-sex marriage reflect this by recognising the broader social transformation that will occur (and already does with many heterosexual marriages) by displacing the association between marriage, procreation and parenting (5). Correspondingly, Foucault's work assists in broadening the debate on relationship recognition by transforming our understanding of choice and ethics in terms of "queer friendship." He describes it as a practice that resists the normative public distinction between romantic and platonic affection and produces new aesthetics for sexual and non-sexual intimacy (Foucault, Essential 170). Linnell Secomb argues that this "double potential" alluded to in Foucault and Duttman's work, has the capacity to neutralise difference as Warner fears (133). However, it can also transform dominant narratives of sexual citizenship, as enabling marriage equality will impact on how we imagine traditional heterosexual or patriarchal "plots" to intimacy (Berlant, "Intimacy" 286). Conclusion Making an informed impact into public debates on marriage equality requires charting the locus of sexuality, intimacy and citizenship. Negotiating academic discourses, social and community activism, with broader institutions and norms presents political and social challenges when thinking about the sorts of intimacy that should be recognised by the state. The civil right to marriage, irrespective of the sex or gender of one's partner, reflects a crucial shift towards important democratic participation of non-heterosexual citizens. However, it is important to note that the value of such intimacy cannot be indexed against a single measure of legal reform. While Butler and Warner present considered indictments on the normalisation of queer intimacy through marriage, such arguments do not account for the impacts of que(e)rying cultural norms and practices through social and political change. Marriage is not a singular or a-historical construction reducible to state recognition. Moreover, in a secular democracy, marriage should be one of many forms of diverse relationship recognition open to same-sex and gender diverse couples. In order to expand the impact of social and legal claims for recognition, it is productive to rethink the complex nature of recognition, ritual and aesthetics within marriage. In doing so, we can begin to transform the possibilities for articulating intimate citizenship in plural democracies. References Australian Christian Lobby. "Submission to the Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Marriage Equality Amendment Bill 2009." Deakin: ACL, 2009. Australian Government. "Sec. 5." Marriage Act of 1961 (Cth). 1961. ———. Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth). 2008. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Oxford: Polity P, 2000. Berlant, Lauren. "Intimacy: A Special Issue." Critical Inquiry 24 (1998): 281-88. ———. "Love, a Queer Feeling." Homosexuality and Psychoanalysis. Eds. Tim Dean and Christopher Lane. Chicago: U of Chicago P, 2001:432-52. Berlant, Lauren, and Michael Warner. "Sex in Public." Ed. Lauren Berlant. Intimacy. Chicago and London: U of Chicago P, 2000: 311-30. Bower, Lisa. "Queer Problems/Straight Solutions: The Limits of a Politics of 'Official Recognition'" Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 267-91. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York and London: Routledge, 1990. ———. Undoing Gender. New York: Routledge, 2004. Duttmann, Alexander. Between Cultures: Tensions in the Struggle for Recognition. London: Verso, 2000. Foucault, Michel. The History of Sexuality (1): The Will to Knowledge. London: Penguin Books, 1977. ———. "Sex, Power and the Politics of Identity." Ethics: Subjectivity and Truth. Ed. Paul Rabinow. London: Allen Lange/Penguin, 1984. 163-74. ———. Essential Works of Foucault: 1954-1984: Ethics, Vol. 1. London: Penguin, 2000. Graycar, Reg, and Jenni Millbank. "From Functional Families to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition." Journal of Law and Policy 24. 2007: 1-44. Gregg, Melissa. "Normal Homes." M/C Journal 10.4 (2007). 27 Aug. 2007 ‹http://journal.media-culture.org.au/0708/02-gregg.php›. Hannam, Jane. Feminism. London and New York: Pearson Education, 2007. Kaplan, Morris. "Intimacy and Equality: The Question of Lesbian and Gay Marriage." Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 201-30. "Legal Ceremonies for Same-Sex Couples." ABC Online 11 Nov. 2009. 13 Dec. 2011 ‹http://www.abc.net.au/news/stories/2009/11/11/2739661.htm›. McRobbie, Angela. The Aftermath of Feminism: Gender, Culture and Social Change. London and New York: Sage, 2008. Michael. "Why Marriage?" Letter to the Editor. Sydney Star Observer 1031 (20 July 2010): 2. Millbank, Jenni. "Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples." Federal Law Review 34 (2008): 1-44. Perry v. Schwarzenegger. 3: 09 CV 02292. United States District Court for the Northern District of California. 2010. Povinelli, Elizabeth. Empire of Love: Toward a Theory of Intimacy, Genealogy and Carnality. Durham: Duke UP, 2006. Puar, Jasbir. Terrorist Assemblages: Homonationalism in Queer Times. Durham: Duke UP, 2007. Race, Kane. Pleasure Consuming Medicine: The Queer Politics of Drugs. Durham and London: Duke UP, 2009. Secomb, Linnell. Philosophy and Love. Edinburgh: Edinburgh UP, 2007. Shumway, David. Modern Love: Romance, Intimacy and the Marriage Crisis. New York: New York UP, 2003. Wade, Matt. "PM Joins Opposition against Gay Marriage as Cleric's Election Stalls." The Sydney Morning Herald 6 Aug. 2003. Warner, Michael. The Trouble with Normal: Sex, Politics and the Ethics of Queer Life. Cambridge: Harvard UP, 1999.
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Pendleton, Mark, and Tanya Serisier. "Some Gays and the Queers." M/C Journal 15, no. 6 (September 25, 2012). http://dx.doi.org/10.5204/mcj.569.

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Introduction Gore Vidal, the famous writer and literary critic, was recently buried next to his long-term partner, Howard Austen. The couple, who met in the 1950s, had lived together happily for decades. They were in many ways the kind of same-sex couple frequently valorised in contemporary gay marriage campaigns. Vidal and Austen, however, could not serve as emblematic figures for this campaign, and not only because the two men had no interest in marriage. Vidal, who reportedly had over a hundred lovers, both male and female, once attributed the longevity of their relationship to its platonic nature; both men continued to sleep with other people, and they reportedly stopped having sex with each other after they moved in together (Vidal, Palimpsest, 131–32). A relationship that decoupled monogamy, romance, companionship, and sexuality, and reconnected them in a way that challenged the accepted truths of institutionalised marriage, stands as an implicit questioning of the way in which gay marriage campaigns construct the possibilities for life, love, and sex. It is this questioning that we draw out in this article. In his writing, Vidal also offers a perspective that challenges the assumptions and certainties of contemporary politics around gay marriage. In 1981, he wrote “Some Jews and the Gays” in response to an article entitled “The Boys on the Beach” by conservative Jewish writer Midge Decter. Vidal’s riposte to Decter’s depiction of the snide superiority of the “boys” who disturbed her beachside family holidays highlighted the lack of solidarity conservative members of the Jewish community displayed towards another persecuted minority. From Vidal’s perspective, this was because Decter could not conceive of gay identity as anything other than pathological: Since homosexualists choose to be the way they are out of idle hatefulness, it has been a mistake to allow them to come out of the closet to the extent that they have, but now that they are out (which most are not), they will have no choice but to face up to their essential hatefulness and abnormality and so be driven to kill themselves with promiscuity, drugs, S-M, and suicide. (Vidal, Some Gays) In response, Vidal made a strong case for solidarity between Jews, African-Americans, and what he termed “homosexualists” (or “same-sexers”). More importantly for our argument, he also contested Decter’s depiction of the typical homosexual: To begin to get at the truth about homosexualists, one must realise that the majority of those millions of Americans who prefer same-sex to other-sex are obliged, sometimes willingly and happily but often not, to marry and have children and to conform to the guidelines set down by the heterosexual dictatorship. (Vidal, Some Gays) According to Vidal, Decter’s article applied only to a relatively privileged section of homosexualists who were able to be “self-ghettoized”, and who, despite Decter’s paranoid fantasies, lived lives perfectly “indifferent to the world of the other-sexers.” In the thirty years since the publication of “Some Jews and the Gays” much has clearly changed. It is unlikely that even a conservative publication would publish an article that depicts all homosexualists as marked by idle hatefulness. However, Decter’s self-hating homosexualist continues to haunt contemporary debates about same-sex marriage, albeit in sublimated form. Critiques of gay marriage campaigns, which are becoming increasingly difficult to ignore, often focus on the politics of inclusion and exclusion, whether on the terrain of gender (non)conformity (Spade), or the campaigns’ implicit and racialised assumption of a white, middle-class homosexual couple as the subject of their efforts (Riggs; Farrow). While our article is indebted to these critiques, our argument is focused more specifically on the unintended effect of the Australian debate about same-sex marriage, namely the (re)creation of the married couple’s other in the form of the adolescent, promiscuous, and unhappy homosexual. It is here that we find the source of our title, also chosen in tribute to Vidal, who in his life and writing disrupts this dichotomy. We argue that the construction of the respectable white middle-class same-sexer who sits at the centre of gay marriage discourse relies on a contemporary manifestation of the self-hating homosexualist – the sexually irresponsible queer constructed in contrast to the responsible gay. The first half of this article traces this construction. In the second section, we argue that this process cannot be divorced from the ways that advocates of same-sex marriage depict the institution of marriage. While critics such as Judith Butler have attempted to separate arguments against homophobic discrimination from the need to advocate for marriage, we argue that the two are intrinsically linked in marriage equality campaigns. These campaigns seek to erase both the explicit critique of marriage found in Vidal’s article and the implicit possibility of living otherwise found in his life. Instead of a heterosexual dictatorship that can be successfully avoided, marriage is proclaimed to be not only benign but the only institution capable of saving self-hating queers from misery by turning them into respectable gay married couples. This is, therefore, not an article about today’s Midge Decters, but about how contemporary same-sex marriage supporters rely on a characterisation of those of us who would or could not choose to marry as, to return to Vidal (Some Jews), “somehow evil or inadequate or dangerous.” As queer people who continue to question both the desirability and inevitability of marriage, we are ultimately concerned with thinking through the political consequences of the same-sex marriage campaign’s obsessive focus on normative sexuality and on the supposedly restorative function of the institution of marriage itself. Hateful Queers and Patient Gays Contemporary supporters of gay marriage, like Vidal so many years earlier, do often oppose conservative attempts to label homosexualists as inherently pathological. Tim Wright, the former convenor of “Equal Love,” one of Australia’s primary same-sex marriage campaign groups, directly addressing this in an opinion piece for Melbourne’s The Age newspaper, writes, “Every so often, we hear them in the media calling homosexuals promiscuous or sick.” Disputing this characterisation, Wright supplants it with an image of patient lesbians and gay men “standing at the altar.” Unlike Vidal, however, Wright implicitly accepts the link between promiscuity and pathology. For Wright, homosexuals are not sick precisely because, and only to the extent that they accept, a forlorn chastity, waiting for their respectable monogamous sexuality to be sanctified through matrimony. A shared moral framework based upon conservative norms is a notable feature of same-sex marriage debates. Former Rainbow Labor convenor Ryan Heath articulates this most clearly in his 2010 Griffith Review article, excerpts of which also appeared in the metropolitan Fairfax newspapers. In this article, Heath argues that marriage equality would provide a much-needed dose of responsibility to “balance” the rights that Australia has accorded to homosexuals. For Heath, Australia’s gay and lesbian communities have been given sexual freedoms by an indulgent adult (heterosexual) society, but are not sufficiently mature to develop the social responsibilities that go with them: “Like teenagers getting their hands on booze and cars and freedom from parental surveillance for the first time, Australia’s gay and lesbian communities have enthusiastically taken up their new rights.” For Heath, the immaturity of the (adult) gay community, with its lack of married role models, results in profound effects for same-sex attracted youth: Consider what the absence of role models, development paths, and stability might do to those who cannot marry. Is there no connection between this and the disproportionate numbers of suicides and risky and addictive behaviours found in gay communities? It is this immaturity, rather than the more typically blamed homophobic prejudice, bullying or persecution, that is for Heath the cause of the social problems that disproportionately affect same-sex attracted adolescents. Heath continues, asking why, after journalist Jonathan Rauch, any parent would want to “condemn their child to…‘a partnerless life in a sexual underworld’.” His appeal to well-meaning parental desires for the security and happiness of children echoes countless insidious commentaries about the tragedy of homosexual existence, such as Decter’s above. These same commentaries continue to be used to justify exclusionary and even violent reactions by families and communities when children reveal their (non-heterosexual) sexualities. As for so many social conservatives, for Heath it is inconceivable to view a partnerless life as anything other than tragedy. Like Wright, he is also convinced that if one must be partnerless it is far better to be forlornly chaste than to participate in an “underworld” focused primarily on promiscuous sex. The opinions of those condemned to this purgatorial realm, either through compulsion or their own immaturity, are of little interest to Heath. When he states that “No families and couples I have interviewed in my research on the topic want this insecure existence,” we are to understand that it is only the desires of these responsible adults that matter. In this way, Heath explicitly invokes the image of what Mariana Valverde has called the “respectable same-sex couple”, homosexualists who are socially acceptable because being “same-sex” is the only thing that differentiates them from the white, middle-class norm that continues to sit at the heart of Australian politics. Heath goes on to describe marriage as the best “social safety net”, adopting the fiscal rhetoric of conservatives such as former federal leader of the Liberal party, Malcolm Turnbull. Turnbull argued in 2012’s annual Michael Kirby lecture (a lecture organised by Southern Cross University’s School of Law and Justice in tribute to the retired gay High Court justice) that same-sex marriage would save the state money, as other relationship recognition such as the 2008 Rudd reforms have. In one of the few passages widely reported from his speech he states: “There will plainly be less demand for social services, medical expenses, hospital care if people, especially older people, like Michael [Kirby] and [partner] Johan, live together as opposed to being in lonely isolation consoled only by their respective cats.” Same-sex marriage is not simply a fight for equality but a fight to rescue homosexualists from the immiserated and emotionally impoverished lives that they, through their lack of maturity, have constructed for themselves, and which, after a brief sojourn in the sexual underworld, can only end in a lonely feline-focused existence funded by the responsible citizens that constitute the bulk of society. We are told by gay marriage advocates that the acceptance of proper adult relationships and responsibilities will not only cure the self-hatred of same-sexers, but simultaneously end the hatred expressed through homophobia and bullying. In the most recent Victorian state election, for example, the Greens ran an online Q&A session about their policies and positions in which they wrote the following in response to a question on relationship recognition: “It would create a more harmonious, less discriminatory society, more tolerant of diversity. It would also probably reduce bullying against same-sex attracted teenagers and lower the suicide rate.” This common position has been carefully unpicked by Rob Cover, who argues that while there may be benefits for the health of some adults in recognition of same-sex marriage, there is absolutely no evidence of a connection between this and youth suicide. He writes: “We are yet to have evidence that there are any direct benefits for younger persons who are struggling to cope with being bullied, humiliated, shamed and cannot (yet) envisage a liveable life and a happy future—let alone a marriage ceremony.” While same-sex marriage advocates consider themselves to be speaking for these same-sex attracted youth, offering them a happy future in the form of a wedding, Cover reminds us that these are not the same thing. As we have shown here, this is not a process of simple exclusion, but an erasure of the possibility of a life outside of heteronormative or “respectable”, coupledom. The “respectable same-sex couple”, like its respectable heterosexual counterpart, not only denies the possibility of full participation in adult society to those without partners but also refuses the lived experience of the many people like Vidal and Austen who do not accept the absolute equation of domesticity, responsibility, and sexual monogamy that the institution of marriage represents. A Good Institution? The connection between marriage and the mythical end of homophobia is not about evidence, as Cover rightly points out. Instead it is based on an ideological construction of marriage as an inherently valuable institution. Alongside this characterisation of marriage as a magical solution to homophobia and other social ills, comes the branding of other models of living, loving and having sex as inherently inferior and potentially harmful. In this, the rhetoric of conservatives and same-sex marriage advocates becomes disturbingly similar. Margaret Andrews, the wife of former Howard minister Kevin and a prominent (straight) marriage advocate, featured in the news a couple of years ago after making a public homophobic outburst directed at (queer) writer Benjamin Law. In response, Andrews outlined what for her were the clearly evident benefits of marriage: “For centuries, marriage has provided order, stability, and nurture for both adults and children. Indeed, the status of our marriages influences our well-being at least as much as the state of our finances.” Despite being on the apparent opposite of the debate, Amanda Villis and Danielle Hewitt from Doctors for Marriage Equality agree with Andrews about health benefits, including, significantly, those linked to sexual behaviour: It is also well known that people in long term monogamous relationships engage in far less risky sexual behaviour and therefore have significantly lower rates of sexually transmitted infections. Therefore legalisation of same sex marriage can lead to a reduction in the rates of sexually transmitted disease by decreasing stigma and discrimination and also promoting long term, monogamous relationships as an option for LGBTI persons. Here same-sex marriage is of benefit precisely because it eradicates the social risks of contagion and disease attributed to risky and promiscuous queers. To the extent that queers continue to suffer it can be attributed to the moral deficiency of their current lifestyle. This results in the need to “promote” marriage and marriage-like relationships. However, this need for promotion denies that marriage itself could be subject to discussion or debate and constructs it as both permanent and inevitable. Any discussion which might question the valuation of marriage is forestalled through the rhetoric of choice, as in the following example from a contributor to the “Equal Love” website: We understand that not everyone will want to get married, but there is no denying that marriage is a fundamental institution in Australian society. The right to be married should therefore be available to all those who choose to pursue it. It is a right that we chose to exercise. (Cole) This seemingly innocuous language of choice performs a number of functions. The first is that it seeks to disallow political debates about marriage by simply reducing critiques of the institution to a decision not to partake in it. In a process mirroring the construction of queers as inherently immature and adolescent, as discussed in the previous section, this move brands political critiques of marriage as historical remnants of an immature radicalism that has been trumped by liberal maturity. The contribution of Alyena Mohummadally and Catherine Roberts to Speak Now highlights this clearly. In this piece, Roberts is described as having used “radical feminism” as a teenage attempt to fill a “void” left by the lack of religion in her life. The teenage Roberts considered marriage “a patriarchal institution to be dismantled” (134). However, ten years later, now happily living with her partner, Roberts finds that “the very institutions she once riled against were those she now sought to be a part of” (137). Roberts’ marriage conversion, explained through a desire for recognition from Mohummadally’s Muslim family, is presented as simply a logical part of growing up, leaving behind the teenage commitment to radical politics along with the teenage attraction to “bars and nightclubs.” Not coincidentally, “life and love” taught Roberts to leave both of these things behind (134). The second consequence of arguments based on choice is that the possibility of any other terrain of choice is erased. This rhetoric thus gives marriage a false permanence and stability, failing to recognise that social institutions are vulnerable to change, and potentially to crisis. Beyond the same-sex marriage debates, the last fifty years have demonstrated the vulnerability of marriage to social change. Rising divorce rates, increasing acceptance of de facto relationships and the social recognition of domestic violence and rape within marriage have altered marriage inescapably, and forced questions about its inevitability (see: Stacey). This fact is recognised by conservatives, such as gay marriage opponent Patrick Parkinson who stated in a recent opinion piece in the Sydney Morning Herald that a “heartening aspect” of the “otherwise divisive” debate around gay marriage is that it has marked a “turnaround” in support for marriage, particularly among feminists, gays and other progressives. Malcolm Turnbull also explains his transition to support for same-sex marriage rights on the basis of this very premise: “I am very firmly of the view that families are the foundation of our society and that we would be a stronger society if more people were married, and by that I mean formally, legally married, and fewer were divorced.” He continued, “Are not the gays who seek the right to marry, to formalise their commitment to each other, holding up a mirror to the heterosexuals who are marrying less frequently and divorcing more often?” As Parkinson and Turnbull note, the decision to prioritise marriage is a decision to not only accept the fundamental nature of marriage as a social institution but to further universalise it as a social norm against the historical trends away from such normalisation. This is also acknowledged by campaign group Australian Marriage Equality who suggests that people like Parkinson and Turnbull who are “concerned about the preservation of marriage may do best to focus on ways to increase its appeal amongst the current population, rather than direct their energies towards the exclusion of a select group of individuals from its privileges.” Rather than challenging conservatism then, the gay marriage campaign aligns itself with Turnbull and Parkinson against the possibility of living otherwise embodied in the shadowy figure of the sexually irresponsible queer. The connection between ideological support for marriage and the construction of the “respectable homosexual couple” is made explicit by Heath in the essay quoted earlier. It is, he says, part of “the pattern of Western liberal history” to include “in an institution good people who make a good case to join.” The struggle for gay marriage, he argues, is linked to that of “workers to own property, Indigenous Australians to be citizens, women to vote.” By including these examples, Heath implicitly highlights the assimilationist dimension of this campaign, a dimension which has been importantly emphasised by Damien Riggs. Heath’s formulation denies the possibility of Indigenous sovereignty beyond assimilationist incorporation into the Australian state, just as it denies the possibility of a life of satisfying love and sex beyond marriage. More generally, Heath fails to acknowledge that none of these histories have disrupted the fundamental power dynamics at play: the benefits of property ownership accrue disproportionately to the rich, those of citizenship to white Australians, and political power remains primarily in the hands of men. Despite the protestations of gay marriage advocates there is no reason to believe that access to marriage would end homophobia while racism, class-based exploitation, and institutional sexism continue. This too, is part of the pattern of Western liberal history. Conclusion Our intention here is not to produce an anti-marriage manifesto—there are many excellent ones out there (see: Conrad)—but rather to note that gay marriage campaigns are not as historically innocuous as they present themselves to be. We are concerned that the rush to enter fully into institutions that, while changed, remain synonymous with normative (hetero)sexuality, has two unintended but nonetheless concerning consequences. Gay marriage advocates risk not only the discarding of a vision in which people may choose to not worship at the altar of the nuclear family, they also reanimate a new version of Decter’s self-hating gay. Political blogger Tim Dunlop encapsulates the political logic of gay marriage campaigns when he says, rather optimistically, that barring homosexualists from marriage “is the last socially acceptable way of saying you are not like us, you do not count, you matter less.” An alternative view proffered here is that saying yes to gay marriage risks abandoning a project that says we do not wish to be like you, not because we matter less, but because we see the possibility of different lives, and we refuse to accept a normative political logic that brands those lives as inferior. In casting this critique as adolescent, as something that a mature community should have grown out of, the same-sex marriage campaign rejects what we see as the most important social contributions that “same-sexers” have made. Where we think Vidal was mistaken back in 1981 was in his assertion that we “same-sexers” have been simply indifferent to the world of the “other-sexers.” We have also turned a critical eye upon “heterosexualist” existence, offering important critiques of a so-called adult or responsible life. It is this history that queer writer Sara Ahmed reminds us of, when she celebrates the angry queer at the family dinner table who refuses to simply succumb to a coercive demand to be happy and pleasant. A similar refusal can be found in queer critiques of the “dead citizenship” of heterosexuality, described by José Esteban Muñoz as: a modality of citizenship that is predicated on negation of liveness or presentness on behalf of a routinized investment in futurity. This narrative of futurity is most familiar to those who live outside of it. It is the story of the [sic] nation's all-consuming investment in the nuclear family, and its particular obsession with the children, an investment that instantly translates into the (monological) future. (399) In the clamour to fully assert their membership in the world of adult citizenship, same-sex marriage advocates negate the potential liveness and presentness of queer experience, opting instead for the routinised futurity that Muñoz warns against. Imagining ourselves as forlorn figures, standing with tear-stained cheeks and quivering lips at the altar, waiting for normative relationships and responsible citizenship is not the only option. Like Vidal and Austen, with whom we began, queers are already living, loving, and fucking, in and above our sexual underworlds, imagining that just possibly there may be other ways to live, both in the present and in constructing different futures. References Ahmed, Sara. The Promise of Happiness. Durham: Duke UP, 2010. Andrews, Margaret. “A Health Check on Marriage.” The Punch, 13 Aug. 2010. 24 Sept. 2012 ‹http://www.thepunch.com.au/articles/a-health-check-on-marriage/›. Butler, Judith. “Is Kinship Always Already Heterosexual?” differences: A Feminist Journal of Cultural Studies 13.1 (2002): 14–44. Cole, Jules. “Marriage Equality Upholds the rights of all Australians.” Equal Love website, 24 Sept. 2012 ‹http://www.equallove.info/node/83›. Conrad, Ryan, ed. Against Equality: queer critiques of gay marriage. Lewiston: Against Equality Publishing Collective, 2010. Cover, Rob. “Is same-sex marriage an adequate responst to queer youth suicide?”Online Opinion: Australia’s e-journal of social and political debate, 22 Aug. 2012. 24 Sept. 2012 ‹http://www.onlineopinion.com.au/view.asp?article=14017›. Dunlop, Tim. “There is no excuse.” ABC The Drum Unleashed, 8 Apr. 2010. 24 Sept. 2012 ‹http://www.abc.net.au/unleashed/34402.html›. Farrow, Kenyon, “Why is gay marriage anti-black?” Against Equality: queer critiques of gay marriage. Ed. Ryan Conrad. Lewiston: Against Equality Publishing Collective, 2010. 21–33. Frequently Asked Questions, Australian Marriage Equality, 24 Sept. 2012 ‹http://www.australianmarriageequality.com/faqs.htm›. Grattan, Michelle. “Turnbull’s Gay Marriage Swipe.” The Age. 7 July 2012. 24 Sept. 2012 ‹http://www.smh.com.au/opinion/political-news/turnbulls-gay-marriage-swipe-20120706-21mou.html›. Heath, Ryan. “Love in a Cold Climate.” Griffith Review. 29 (2010). 24 Sept. 2012 ‹http://www.griffithreview.com/edition-29-prosper-or-perish/251-essay/949.html›. Mohummadally, Alyena and Catherine Roberts. “When Worlds, Happily, Collide.” Speak Now: Australian Perspectives on Same-Sex Marriage. Ed. Victor Marsh. Thornbury: Clouds of Magellan, 2012, 134–139. Muñoz, José Esteban. “Citizens and Superheroes.” American Quarterly. 52.2 (2000): 397–404. Parkinson, Patrick. “About Time We All Cared More About Marriage.” Sydney Morning Herald, 24 Aug. 2012. 24 Sept. 2012 ‹http://www.smh.com.au/opinion/politics/about-time-we-all-cared-more-about-marriage-20120823-24p2g.html›. Rauch, Jonathan. Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America. New York: Holt Paperbacks, 2004. Riggs, Damien. “The Racial Politics of Marriage Claims.” Speak Now: Australian Perspectives on Gay Marriage. Ed. Victor Marsh. Thornbury: Clouds of Magellan, 2012. 191–201. Stacey, Judith. Brave New Families: Stories of Domestic Upheaval in Late Twentieth-Century America. Berkeley and Los Angeles: U of California P, 1998. Spade, Dean. Normal Life: Administrative Violence, Critical Trans Politics and the Limits of Law. Cambridge, MA: South End Press, 2011. Turnbull, Malcolm. “Reflections on Gay Marriage: Michael Kirby Lecture 2012.” 24 Sept. 2012 ‹http://www.malcolmturnbull.com.au/media/speeches/reflections-on-the-gay-marriage-issue-michael-kirby-lecture-2012/›. Valverde, Mariana. “A New Entity in the History of Sexuality: The Respectable Same-Sex Couple.” Feminist Studies. 32.1 (2006): 155–162. Vidal, Gore. “Some Jews and the Gays.” The Nation. 14 Nov. 1981. 24 Sept. 2012 ‹http://www.thenation.com/article/169197/some-jews-gays›. —. Palimpsest: A Memoir. New York and London: Random House, 1995. Villis, Amanda, and Danielle Hewitt. “Why Legalising Same Sex Marriage Will Benefit Health.”17 Aug. 2012. 24 Sept. 2012 ‹http://www.onlineopinion.com.au/view.asp?article=14004›. Wright, Tim. “Same-Sex Couples Still Waiting at the Altar For a Basic Right.” The Age. 31 July 2009. 12 Sept. 2012 ‹http://www.theage.com.au/opinion/samesex-couples-still-waiting-at-the-altar-for-a-basic-right-20090730-e2xk.html›.
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Fordham, Helen A. "Friends and Companions: Aspects of Romantic Love in Australian Marriage." M/C Journal 15, no. 6 (October 3, 2012). http://dx.doi.org/10.5204/mcj.570.

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Abstract:
Introduction The decline of marriage in the West has been extensively researched over the last three decades (Carmichael and Whittaker; de Vaus; Coontz; Beck-Gernshein). Indeed, it was fears that the institution would be further eroded by the legalisation of same sex unions internationally that provided the impetus for the Australian government to amend the Marriage Act (1961). These amendments in 2004 sought to strengthen marriage by explicitly defining, for the first time, marriage as a legal partnership between one man and one woman. The subsequent heated debates over the discriminatory nature of this definition have been illuminating, particularly in the way they have highlighted the ongoing social significance of marriage, even at a time it is seen to be in decline. Demographic research about partnering practices (Carmichael and Whittaker; Simons; Parker; Penman) indicates that contemporary marriages are more temporary, fragile and uncertain than in previous generations. Modern marriages are now less about a permanent and “inescapable” union between a dominant man and a submissive female for the purposes of authorised sex, legal progeny and financial security, and more about a commitment between two social equals for the mutual exchange of affection and companionship (Croome). Less research is available, however, about how couples themselves reconcile the inherited constructions of romantic love as selfless and unending, with trends that clearly indicate that romantic love is not forever, ideal or exclusive. Civil marriage ceremonies provide one source of data about representations of love. Civil unions constituted almost 70 per cent of all marriages in Australia in 2010, according to the Australian Bureau of Statistics. The civil marriage ceremony has both a legal and symbolic role. It is a legal contract insofar as it prescribes a legal arrangement with certain rights and responsibilities between two consenting adults and outlines an expectation that marriage is voluntarily entered into for life. The ceremony is also a public ritual that requires couples to take what are usually private feelings for each other and turn them into a public performance as a way of legitimating their relationship. Consistent with the conventions of performance, couples generally customise the rest of the ceremony by telling the story of their courtship, and in so doing they often draw upon the language and imagery of the Western Romantic tradition to convey the personal meaning and social significance of their decision. This paper explores how couples construct the idea of love in their relationship, first by examining the western history of romantic love and then by looking at how this discourse is invoked by Australians in the course of developing civil marriage ceremonies in collaboration with the author. A History of Romantic Love There are many definitions of romantic love, but all share similar elements including an intense emotional and physical attraction, an idealisation of each other, and a desire for an enduring and unending commitment that can overcome all obstacles (Gottschall and Nordlund; Janowiak and Fischer). Romantic love has historically been associated with heightened passions and intense almost irrational or adolescent feelings. Charles Lindholm’s list of clichés that accompany the idea of romantic love include: “love is blind, love overwhelms, a life without love is not worth living, marriage should be for love alone and anything less is worthless and a sham” (5). These elements, which invoke love as sacred, unending and unique, perpetuate past cultural associations of the term. Romantic love was first documented in Ancient Rome where intense feelings were seen as highly suspect and a threat to the stability of the family, which was the primary economic, social and political unit. Roman historian Plutarch viewed romantic love based upon strong personal attraction as disruptive to the family, and he expressed a fear that romantic love would become the norm for Romans (Lantz 352). During the Middle Ages romantic love emerged as courtly love and, once again, the conventions that shaped its expression grew out of an effort to control excessive emotions and sublimate sexual desire, which were seen as threats to social stability. Courtly love, according to Marilyn Yalom, was seen as an “irresistible and inexhaustible passion; a fatal love that overcomes suffering and even death” (66). Feudal social structures had grounded marriage in property, while the Catholic Church had declared marriage a sacrament and a ceremony through which God’s grace could be obtained. In this context courtly love emerged as a way of dealing with the conflict between the individual and family choices over the martial partner. Courtly love is about a pure ideal of love in which the knight serves his unattainable lady, and, by carrying out feats in her honour, reaches spiritual perfection. The focus on the aesthetic ideal was a way to fulfil male and female emotional needs outside of marriage, while avoiding adultery. Romantic love re-appeared again in the mid-eighteenth century, but this time it was associated with marriage. Intellectuals and writers led the trend normalising romantic love in marriage as a reaction to the Enlightenment’s valorisation of reason, science and materialism over emotion. Romantics objected to the pragmatism and functionality induced by industrialisation, which they felt destroyed the idea of the mysterious and transcendental nature of love, which could operate as a form of secular salvation. Love could not be bought or sold, argued the Romantics, “it is mysterious, true and deep, spontaneous and compelling” (Lindholm 5). Romantic love also emerged as an expression of the personal autonomy and individualisation that accompanied the rise of industrial society. As Lanz suggests, romantic love was part of the critical reflexivity of the Enlightenment and a growing belief that individuals could find self actualisation through the expression and expansion of their “emotional and intellectual capacities in union with another” (354). Thus it was romantic love, which privileges the feelings and wishes of an individual in mate selection, that came to be seen as a bid for freedom by the offspring of the growing middle classes coerced into marriage for financial or property reasons. Throughout the 19th century romantic love was seen as a solution to the dehumanising forces of industrialisation and urbanisation. The growth of the competitive workplace—which required men to operate in a restrained and rational manner—saw an increase in the search for emotional support and intimacy within the domestic domain. It has been argued that “love was the central preoccupation of middle class men from the 1830s until the end of the 19th century” (Stearns and Knapp 771). However, the idealisation of the aesthetic and purity of love impacted marriage relations by casting the wife as pure and marital sex as a duty. As a result, husbands pursued sexual and romantic relationships outside marriage. It should be noted that even though love became cemented as the basis for marriage in the 19th century, romantic love was still viewed suspiciously by religious groups who saw strong affection between couples as an erosion of the fundamental role of the husband in disciplining his wife. During the late 19th and early 20th centuries romantic love was further impacted by urbanisation and migration, which undermined the emotional support provided by extended families. According to Stephanie Coontz, it was the growing independence and mobility of couples that saw romantic love in marriage consolidated as the place in which an individual’s emotional and social needs could be fully satisfied. Coontz says that the idea that women could only be fulfilled through marriage, and that men needed women to organise their social life, reached its heights in the 1950s (25-30). Changes occurred to the structure of marriage in the 1960s when control over fertility meant that sex was available outside of marriage. Education, equality and feminism also saw women reject marriage as their only option for fulfilment. Changes to Family Law Acts in western jurisdictions in the 1970s provided for no-fault divorce, and as divorce lost its stigma it became acceptable for women to leave failing marriages. These social shifts removed institutional controls on marriage and uncoupled the original sexual, emotional and financial benefits packaged into marriage. The resulting individualisation of personal lifestyle choices for men and women disrupted romantic conventions, and according to James Dowd romantic love came to be seen as an “investment” in the “future” that must be “approached carefully and rationally” (552). It therefore became increasingly difficult to sustain the idea of love as a powerful, mysterious and divine force beyond reason. Methodology In seeking to understand how contemporary partnering practices are reconstituting romantic love, I draw upon anecdotal data gathered over a nine-year period from my experiences as a marriage celebrant. In the course of personalising marriage ceremonies, I pose a series of questions designed to assist couples to explain the significance of their relationship. I generally ask brides and grooms why they love their fiancé, why they want to legalise their relationship, what they most treasure about their partner, and how their lives have been changed by their relationship. These questions help couples to reflexively interrogate their own relationship, and by talking about their commitment in concrete terms, they produce the images and descriptions that can be used to describe for guests the internal motivations and sentiments that have led to their decision to marry. I have had couples, when prompted to explain how they know the other person loves them say, in effect: “I know that he loves me because he brings me a cup of coffee every morning” or “I know that she loves me because she takes care of me so well.” These responses are grounded in a realism that helps to convey a sense of sincerity and authenticity about the relationship to the couple’s guests. This realism also helps to address the cynicism about the plausibility of enduring love. The brides and grooms in this sample of 300 couples were a socially, culturally and economically diverse group, and they provided a wide variety of responses ranging from deeply nuanced insights into the nature of their relationship, to admissions that their feelings were so private and deeply felt that words were insufficient to convey their significance. Reoccurring themes, however, emerged across the cases, and it is evident that even as marriage partnerships may be entered into for a variety of reasons, romantic love remains the mechanism by which couples talk of their feelings for each other. Australian Love and Marriage Australians' attitudes to romantic love and marriage have, understandably, been shaped by western understandings of romantic love. It is evident, however, that the demands of late modern capitalist society, with its increased literacy, economic independence and sexual equality between men and women, have produced marriage as a negotiable contract between social equals. For some, like Carol Pateman, this sense of equality within marriage may be illusory. Nonetheless, the drive for individual self-fulfilment by both the bride and groom produces a raft of challenges to traditional ideas of marriage as couples struggle to find a balance between independence and intimacy; between family and career; and between pursuing personal goals and the goals of their partners. This shift in the nature of marriage has implications for the “quest for undying romantic love,” which according to Anthony Giddens has been replaced by other forms of relationship, "each entered into for its own sake, for what can be derived by each person from a sustained association with another; and which is continued only in so far as it is thought by both parties to deliver enough satisfactions for each individual to stay within it” (qtd. in Lindholm 6). The impact of these social changes on the nature of romantic love in marriage is evident in how couples talk about their relationship in the course of preparing a ceremony. Many couples describe the person they are marrying as their best friend, and friendship is central to their commitment. This description supports research by V.K. Oppenheimer which indicates that many contemporary couples have a more “egalitarian collaborative approach to marriage” (qtd. in Carmichael and Whittaker 25). It is also standard for couples to note in ceremonies that they make each other happy and contented, with many commenting upon how their partners have helped to bring focus and perspective to their work-oriented lives. These comments tend to invoke marriage as a refuge from the isolation, competition, and dehumanising elements of workplaces. Since emotional support is central to the marriage contract, it is not surprising that care for each other is another reoccurring theme in ceremonies. Many brides and grooms not only explicitly say they are well taken care of by their partner, but also express admiration for their partner’s treatment of their families and friends. This behaviour appears to be seen as an indicator of the individual’s capacity for support and commitment to family values. Many couples admire partner’s kindness, generosity and level of personal self-sacrifice in maintaining the relationship. It is also not uncommon for brides and grooms to say they have been changed by their love: become kinder, more considerate and more tolerant. Honesty, communication skills and persistence are also attributes that are valued. Brides and grooms who have strong communication skills are also praised. This may refer to interpersonal competency and the willingness to acquire the skills necessary to negotiate the endless compromises in contemporary marriage now that individualisation has undermined established rules, rituals and roles. Persistence and the ability not to be discouraged by setbacks is also a reoccurring theme, and this connects with the idea that marriage is work. Many couples promise to grow together in their marriage and to both take responsibility for the health of their relationship. This promise implies awareness that marriage is not the fantasy of happily ever after produced in romantic popular culture, but rather an arrangement that requires hard work and conscious commitment, particularly in building a union amidst many competing options and distractions. Many couples talk about their relationship in terms of companionship and shared interests, values and goals. It is also not uncommon for couples to say that they admire their partner for supporting them to achieve their life goals or for exposing them to a wider array of lifestyle choices and options like travel or study. These examples of interdependence appear to make explicit that couples still see marriage as a vehicle for personal freedom and self-realisation. The death of love is also alluded to in marriage ceremonies. Couples talk of failed past relationships, but these are produced positively as a mechanism that enables the couple to know that they have now found an enduring relationship. It is also evident that for many couples the decision to marry is seen as the formalisation of a preexisting commitment rather than the gateway to a new life. This is consistent with figures that show that 72 per cent of Australian couples chose to cohabit before marriage (Simons 48), and that cohabitation has become the “normative pathway to marriage” (Penman 26). References to children also feature in marriage ceremonies, and for the couples I have worked with marriage is generally seen as the pre-requisite for children. Couples also often talk about “being ready” for marriage. This seems to refer to being financially prepared. Robyn Parker citing the research of K. Edin concludes that for many modern couples “rushing into marriage before being ‘set’ is irresponsible—marrying well (in the sense of being well prepared) is the way to avoid divorce” (qtd. in Parker 81). From this overview of reoccurring themes in the production of Australian ceremonies it is clear that romantic love continues to be associated with marriage. However, couples describe a more grounded and companionable attachment. These more practical and personalised sentiments serve to meet both the public expectation that romantic love is a precondition for marriage, while also avoiding the production of romantic love in the ceremony as an empty cliché. Grounded descriptions of love reveal that attraction does not have to be overwhelming and unconquerable. Indeed, couples who have lived together and are intimately acquainted with each other’s habits and disposition, appear to be most comfortable expressing their commitment to each other in more temperate, but no less deeply felt, terms. Conclusion This paper has considered how brides and grooms constitute romantic love within the shifting partnering practices of contemporary Australia. It is evident “in the midst of significant social and economic change and at a time when individual rights and freedom of choice are important cultural values” marriage remains socially significant (Simons 50). This significance is partially conveyed through the language of romantic love, which, while freighted with an array of cultural and historical associations, remains the lingua franca of marriage, perhaps because as Roberto Unger observes, romantic love is “the most influential mode of moral vision in our culture” (qtd. in Lindholm 5). It is thus possible to conclude, that while marriage may be declining and becoming more fragile and impermanent, the institution remains important to couples in contemporary Australia. Moreover, the language and imagery of romantic love, which publicly conveys this importance, remains the primary mode of expressing care, affection and hope for a partnership, even though the changed partnering practices of late modern capitalist society have exposed the utopian quality of romantic love and produced a cynicism about the viability of its longevity. It is evident in the marriage ceremonies prepared by the author that while the language of romantic love has come to signify a broader range of more practical associations consistent with the individualised nature of modern marriage and demystification of romantic love, it also remains the best way to express what Dowd and Pallotta describe as a fundamental human “yearning for communion with and acceptance by another human being” (571). References Beck, U., and E. Beck-Gernsheim, Individualisation: Institutionalised Individualism and Its Social and Political Consequences. London: Sage, 2002. Beigel, Hugo G. “Romantic Love.” American Sociological Review 16.3 (1951): 326–34. Carmichael, Gordon A, and Andrea Whittaker. “Forming Relationships in Australia: Qualitative Insights into a Process Important to Human Well Being.” Journal of Population Research 24.1 (2007): 23–49. Coontz, Stephanie. Marriage, A History: How Love Conquered Marriage. New York: Viking, 2005. Croome, Rodney. “Love and Commitment, To Equality.” The Drum Opinion, Australian Broadcasting Corporation (ABC) News. 8 June 2011. 14 Aug. 2012 < http://www.abc.net.au/unleashed/2749898.html >. de Vaus, D.L. Qu, and R. Weston. “Family Trends: Changing Patterns of Partnering.” Family Matters 64 (2003): 10–15. Dowd, James T, and Nicole R. Pallotta. “The End of Romance: The Demystification of Love in the Postmodern Age.” Sociological Perspectives 43.4 (2000): 549–80. Gottschall, Jonathan, and Marcus Nordlund. “Romantic Love: A Literary Universal?” Philosophy and Literature 30 (2006): 450–70. Jankowiak, William, and Ted Fischer, “A Cross-Cultural Perspective on Romantic Love,” Ethnology 31 (1992): 149–55. Lantz, Herman R. “Romantic Love in the Pre-Modern Period: A Sociological Commentary.” Journal of Social History 15.3 (1982): 349–70. Lindholm, Charles. “Romantic Love and Anthropology.” Etnofoor 19:1 Romantic Love (2006): 5–21. Parker, Robyn. “Perspectives on the Future of Marriage.” Australian Institute of Family Studies 72 Summer (2005): 78–82.Pateman, Carole. “Women and Consent.” Political Theory (1980): 149–68. Penman, Robyn. “Current Approaches to Marriage and Relationship Research in the United States and Australia.” Family Matters 70 Autumn (2005): 26–35. Simons, Michelle. “(Re)-forming Marriage in Australia?” Australian Institute of Family Matters 73 (2006): 46–51.Stearns, Peter N, and Mark Knapp. “Men and Romantic Love: Pinpointing a 20th-Century Change.” Journal of Social History 26.4 (1993): 769–95. Yalom, Marilyn. A History of the Wife. New York: Harper Collins, 2001.
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46

Neyra, Oskar. "Reproductive Ethics and Family." Voices in Bioethics 7 (July 13, 2021). http://dx.doi.org/10.52214/vib.v7i.8559.

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Photo by Christian Bowen on Unsplash ABSTRACT Assisted Reproductive Technology can be a beneficial tool for couples unable to reproduce independently; however, it has historically discriminated against the LGBTQ+ community members. Given the evolution and acceptance of LGBTQ rights in recent years, discrimination and barriers to access reproductive technology and health care should be readdressed as they still exist within this community. INTRODUCTION In recent years, the LGBTQ+ community has made great strides toward attaining equal rights. This fight dates back to 1970 when Michael Baker and McConnell applied for a marriage license in Minnesota.[1] After the county courthouse denied the couple's request, they appealed to the Minnesota Supreme Court. Baker and McConnell’s dispute reached the US Supreme Court. Baker v. Nelson[2] was the first time a same-sex couple attempted to pursue marriage through higher courts in the US.[3] Because the couple lost the case, Baker changed his name to a gender-neutral one, and McConnell adopted Baker, allowing Baker and McConnell to have legal protections like the ability to receive certain inheritances. Baker and McConnell received a marriage license from an unsuspecting clerk from Blue Earth County, where they wed on September 3, 1971.[4] BACKGROUND The Supreme Court’s decision left individual state legislatures the option to accommodate same-sex couples’ rights constitutionally. As a result, some states banned same-sex marriage, while others offered alternative options such as domestic partnerships. With many obstacles, such as the Defense of Marriage Act (DOMA) and President Bush’s efforts to limit marriage to heterosexual people, Massachusetts became the first state to legalize gay marriage in 2003.[5] Other states slowly followed. Finally, in 2015 the US Supreme Court made same-sex marriage legal in all 50 states in Obergefell v. Hodges,[6] marking an important milestone for the LGBTQ+ community’s fight toward marriage equality. The Obergefell v. Hodges decision emphasized that members of the homosexual community are “not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions,” thus granting them the right to “equal dignity in the eyes of the law.”[7] This paper argues that in the aftermath of the wide acceptance of LGBTQ rights, discrimination and barriers to access reproductive technology and health care persist nationally. Procreation also faces discrimination. Research supports that children’s overall psychological and physical welfare with same-sex parents does not differ compared to children with heterosexual parents.[8] Some others worry about the children’s developmental health and argue that same-sex male couples’ inability to breastfeed their children may be harmful; however, such parents can obtain breast milk via surrogate donation.[9] Further concerns regarding confusion in gender identity in children raised by same-sex parents are not supported by research in the field indicating that there are “no negative developmental or psychological outcomes for a child, nor does it result in differing gender identity, gender role behavior or sexual partner preference compared to opposite-sex parents.”[10] ANALYSIS l. Desire to Procreate The American perception toward same-sex unions has evolved “from pathology to deviant lifestyle to identity.”[11] In 2001, only 35 percent of Americans favored same‐sex marriage, while 62 percent favored it in 2017.[12] The “Gay marriage generation”[13] has a positive attitude toward same-sex unions, arising from the “interaction among activists, celebrities, political and religious leaders, and ordinary people, who together reconfigured Americans’ social imagination of homosexuality in a way that made gay marriage seem normal, logical, and good.”[14] Same-sex couples’ right to build a biological family and ability to do so using modern reproductive technology is unclear. The data generated by the LGBTQ Family Building Survey revealed “dramatic differences in expectations around family building between LGBTQ millennials (aged 18-35) and older generations of LGBTQ people,”[15] which may be in part attributable to recent federal rulings in favor of same-sex couples. Three important results from this survey are that 63 percent of LGBTQ millennials are considering expanding their families throughout parenthood, 48 percent of LGBTQ millennials are actively planning to grow their families, compared to 55 percent of non-LGBTQ millennials; and 63 percent of those LGBTQ people interested in building a family expect to use assisted reproductive technology (ART), foster care, or adoption to become parents.[16] There are 15.9 million Americans who identify as LGBTQ+ (6.1 million of whom are 18 to 35 years old); thus, an estimated “3.8 million LGBTQ+ millennials are considering expanding their families in the coming years, and 2.9 million are actively planning to do so.”[17] Yet access and affordability to ART, especially in vitro fertilization (IVF) and surrogacy for same-sex couples, has not been consistent at a national level. The two primary problems accessing ART for the LGBTQ community are the lack of federal law and cost. A federal law that guaranteed coverage would address both problems. ll. ART for Same-Sex Couples All same-sex male (SSM) couples and same-sex female (SSF) couples must involve third parties, including surrogates or egg or sperm donors.[18] ART involves the legal status of “up to two women (surrogate and egg donor),” the intended parents, and the child for SSM couples.[19] While sometimes necessary for heterosexual couples using ART, an egg or sperm from someone other than the intended parents or a surrogate will always be necessary for the LGBTQ people seeking ART. ART, in particular IVF, is essential for infertile couples unable to conceive on their own. Unlike other industrialized countries (such as Canada, the United Kingdom, Sweden, Germany, and Australia), the US does not heavily oversee this multibillion-dollar industry.[20] The American Society for Reproductive Medicine does provide lengthy guidelines to fertility clinics and sperm banks; however, state lawmakers have been less active as they seem to avoid the controversy surrounding controversial topics like embryo creation and abortion.[21] As a result, states “do not regulate how many children may be conceived from one donor, what types of medical information or updates must be supplied by donors, what genetic tests may be performed on embryos, how many fertilized eggs may be placed in a woman or how old a donor can be.”[22] lll. A Flawed Definition of Infertility The WHO defines the medical definition of infertility as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after twelve months or more of regular unprotected sexual intercourse.”[23] This antiquated definition must be updated to include social infertility to integrate same-sex couples’ rights.[24] In the US, single individuals and LGBTQ couples interested in building a family by biological means are considered “socially infertile.”[25] If insurance coverage is allotted only to those with physical infertility, then it is exclusive to the heterosexual community. Although some states, such as New York, discussed below, have directly addressed this inequality by extending the definition of infertility and coverage of infertility treatments to include all residents regardless of sexual orientation, this is not yet the norm everywhere else. The outdated definition of infertility is one of the main issues affecting same-sex couples’ access to ART, as medical insurance companies hold on to the formal definition of infertility to deny coverage. lV. Insurance Coverage for IVF Insurance coverage varies per state and relies on the flawed definition of infertility. As of August 2020, 19 states have passed laws requiring insurance coverage for infertility, 13 of which include IVF coverage, as seen in Figure 1. Also, most states do not offer IVF coverage to low-income people through Medicaid.[26] In states that mandate IVF insurance coverage, the utilization rate was “277% of the rate when there was no coverage,”[27] which supports the likelihood that in other states, the cost is a primary barrier to access. When insurance does not cover ART, ART is reserved for wealthy individuals. One cycle of ART could cost, on average, “between $10,000 and $15,000.”[28] In addition, multiple cycles are often required as one IVF cycle only has “about a 25% to 30%” live birth success rate.[29] Altogether, the total cost of successful childbirth was estimated from $44,000 to $211,940 in 1992.[30] On February 11, 2021, New York Governor Andrew M. Cuomo “directed the Department of Financial Services to ensure that insurers begin covering fertility services immediately for same-sex couples who wish to start a family.”[31] New York had recently passed an IVF insurance law that required “large group insurance policies and contracts that provide medical, major medical, or similar comprehensive-type coverage and are delivered or issued for delivery in New York to cover three cycles of IVF used in the treatment of infertility.”[32] But the law fell short for same-sex couples, which were still required to “pay 6 or 12 months of out-of-pocket expenses for fertility treatments such as testing and therapeutic donor insemination procedures before qualifying for coverage.”[33] Cuomo’s subsequent order made up for gaps in the law, which defined infertility as “the inability to conceive after a certain period of unprotected intercourse or donor insemination.”[34] Cuomo’s order and the law combine to make New York an example other states can follow to broaden access to ART. V. Surrogacy Access to surrogacy also presents its own set of problems, although not exclusive to the LGBTQ community. Among states, there are differences in how and when parental rights are established. States in dark green in Figure 2 allow pre-birth orders, while the states in light green allow post-birth parentage orders. Pre-birth orders “are obtained prior to the child’s birth, and they order that the intended parent(s) will be recognized as the child’s only legal parent(s) and will be placed on the child’s birth certificate,” while post-birth parentage orders have the same intent but are obtained after the child’s birth. [35] For instance, states can require genetic testing post-birth, possibly causing a delay in establishing parentage.[36] Although preventable through the execution of a health care power of attorney, a surrogate mother could be the legal, medical decision-maker for the baby before the intended parents are legally recognized. On February 15, 2021, gestational surrogacy – the most popular type of surrogacy in which the surrogate has no biological link to the baby – was legalized in New York,[37] but it remains illegal in some states such as Nebraska, Louisiana, and Michigan.[38] In addition, the costs of surrogacy are rising, and it can cost $100,000 in the US.[39] Medicaid does not cover surrogacy costs,[40] and some health insurance policies provide supplemental surrogacy insurance with premiums of approximately $10,000 and deductibles starting at $15,000.[41] Thus, “surrogacy is really only available to those gay and lesbian couples who are upper class,”[42] leaving non-affluent couples out of options to start a family through biological means. Vl. A Right to Equality and Procreation Some argue that same-sex couples should have the right to procreate (or reproductive rights). Based on arguments stemming from equal rights and non-discrimination, same-sex couples who need to use ART to procreate should have access to it. The need to merge social infertility into the currently incomplete definition of fertility could help same-sex couples achieve access through insurance coverage. The human right of equality and non-discrimination guarantees “equal and effective protection against discrimination on any ground.”[43] The United Nations later clarified that “sexual orientation is a concept which is undoubtedly covered” [44] by this protection. The right to procreate is not overtly mentioned in the US Constitution; however, the Equal Protection Clause states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… without due process of law.”[45] In fact, some states have abridged the reproductive privileges of some US citizens by upholding prohibitive and intricate mechanisms that deter same-sex couples from enjoying the privileges other citizens have. The Supreme Court acknowledged procreation as a “fundamental”[46] personal right, in Skinner v. Oklahoma, mandating that the reproductive rights of individuals be upheld as the right to procreate is “one of the basic civil rights of man”[47] because “procreation [is] fundamental to the very existence and survival of the race.”[48] In Eisenstadt v. Baird, the courts also supported that “the decision whether to bear or beget a child” fundamentally affects a person.[49] I argue that this protection extends to same-sex couples seeking to procreate. Finally, Obergefell v. Hodges held that the Due Process and Equal Protection clauses ensure same-sex couples the right to marriage, as marriage “safeguards children and families, draw[ing] meaning from related rights of childrearing, procreation, and education.”[50] By implicit or explicit means, these cases align with the freedom to procreate that should not be unequally applied to different social or economic groups. Yet, the cases do not apply to accessing expensive tools to procreate. As heterosexuals and the LGBTQ community face trouble accessing expensive ART for vastly different reasons, especially IVF and surrogacy, the equal rights or discrimination argument is not as helpful. For now, it is relevant to adoption cases where religious groups can discriminate.[51] The insurance coverage level may be the best approach. While the social norms adapt and become more inclusive, the elimination of the infertility requirement or changing the definition of infertility could work. Several arguments could address the insurance coverage deficit. Under one argument, a biological or physical inability to conceive exists in the homosexual couple trying to achieve a pregnancy. Depending on the wording or a social definition, a caselaw could be developed arguing the medical definition of infertility applies to the LGBTQ community as those trying to procreate are physically unable to conceive as a couple planning to become parents. One counterargument to that approach is that it can be offensive to label people infertile (or disabled) only because of their status as part of a homosexual couple.[52] CONCLUSION In the last 50 years, there has been a notable shift in the social acceptance of homosexuality.[53] Marriage equality has opened the door for further social and legal equality, as evidenced by the increased number of same-sex couples seeking parenthood “via co-parenting, fostering, adoption or surrogacy” – colloquially referred to as the ‘Gayby Boom’.[54] However, some prejudice and disdain toward LGBTQ+ parenting remain. Equitable access to ART for all people may be attainable as new technology drives costs down, legislators face societal pressure to require broader insurance coverage, and social norms become more inclusive. [1] Eckholm, E. (2015, May 17). The same-sex couple who got a marriage license in 1971. Retrieved April 08, 2021, from https://www.nytimes.com/2015/05/17/us/the-same-sex-couple-who-got-a-marriage-license-in-1971.html [2] Eckholm, E. [3] A brief history of civil rights in the United States: A timeline of the legalization of same-sex marriage in the U.S. (2021, January 27). Retrieved April 08, 2021, from https://guides.ll.georgetown.edu/c.php?g=592919&p=4182201 [4] Eckholm, E. [5] A brief history of civil rights in the United States: A timeline of the legalization of same-sex marriage in the U.S. (2021, January 27). Retrieved April 08, 2021, from https://guides.ll.georgetown.edu/c.php?g=592919&p=4182201 [6] A brief history of civil rights in the United States [7] A brief history of civil rights in the United States [8] Lee, J., & Bolzendahl, C. (2019). Acceptance and Rejection: Patterns of opinion on homosexuality in the United States and the world. Sociological Forum, 34(4), 1026-1031. doi:10.1111/socf.12562 [9] Lee, J., et al. [10] Lee, J., et al. [11] Lee, J., et al. [12] Lee, et al. [13] Lee, et al. [14] Lee, et al. [15] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [16] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [17] LGBTQ family building survey. (2020, July 02). Retrieved April 08, 2021, from https://www.familyequality.org/resources/lgbtq-family-building-survey/ [18] Mackenzie, S. C., Wickins-Drazilova, D., & Wickins, J. (2020). The ethics of fertility treatment for same-sex male couples: Considerations for a modern fertility clinic. European Journal of Obstetrics & Gynecology and Reproductive Biology, 244, 71-75. doi:10.1016/j.ejogrb.2019.11.011 [19] Mackenzie, et al. [20] Ollove, M. (2015, March 18). States not eager to regulate fertility industry. Retrieved April 08, 2021, from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2015/3/18/states-not-eager-to-regulate-fertility-industry [21] Ollove, M. [22] Ollove, M. [23] World Health Organization. (2020, September 14). Infertility. World Health Organization. https://www.who.int/news-room/fact-sheets/detail/infertility [24] Leondires, M. P. (2020, March 19). Fertility insurance Mandates & same-sex couples. Retrieved April 08, 2021, from https://www.gayparentstobe.com/gay-parenting-blog/fertility-insurance-mandates-same-sex-couples/ [25] Lo, W., & Campo-Engelstein, L. (2018). Expanding the Clinical Definition of Infertility to Include Socially Infertile Individuals and Couples. Reproductive Ethics II, 71–83. https://doi.org/10.1007/978-3-319-89429-4_6 [26] Mohapatra, S. (2015). Assisted Reproduction Inequality and Marriage Equality. Chicago-Kent Law Review, 92(1). Retrieved April 08, 2021, from https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=4146&context=cklawreview [27] Mohapatra, S. [28] Mohapatra, S. [29] Mohapatra, S. [30] Mohapatra, S. [31] Governor Cuomo announces new actions to expand access to FERTILITY coverage for same sex couples as part of 2021 Women's Agenda. (n.d.). [32] Health Insurers FAQs: IVF and Fertility Preservation Law Q&A Guidance. (n.d.). Retrieved April 08, 2021, from https://www.dfs.ny.gov/apps_and_licensing/health_insurers/ivf_fertility_preservation_law_qa_guidance [33] Governor Cuomo announces new actions to expand access to FERTILITY coverage for same sex couples as part of 2021 Women's Agenda. (n.d.). Retrieved April 08, 2021, from https://www.governor.ny.gov/news/governor-cuomo-announces-new-actions-expand-access-fertility-coverage-same-sex-couples-part#:~:text=February%2011%2C%202021-,Governor%20Cuomo%20Announces%20New%20Actions%20to%20Expand%20Access%20to%20Fertility,Part%20of%202021%20Women's%20Agenda&text=Cuomo%20today%20directed%20the%20Department,wish%20to%20start%20a%20family. [34] Leondires, M. P. [35] Assisted reproduction parentage proceedings information: Academy of Adoption and Assistive Reproduction Attorneys (AAAA). (2019, March 14). Retrieved April 08, 2021, from https://adoptionart.org/assisted-reproduction/parentage-proceedings/ [36] Assisted reproduction parentage proceedings information. [37] Governor Cuomo reminds surrogates and parents of their new Insurance rights and protections During Gestational Surrogacy. (n.d.). Retrieved April 08, 2021, from https://www.governor.ny.gov/news/governor-cuomo-reminds-surrogates-and-parents-their-new-insurance-rights-and-protections-during [38] U.S. Surrogacy Map: Surrogacy laws by state. (2020, December 23). Retrieved April 08, 2021, from https://www.creativefamilyconnections.com/us-surrogacy-law-map/ [39] Mohapatra, S. [40] Beitsch, R. (2017, June 29). As surrogacy surges, new parents seek legal protections. Retrieved April 08, 2021, from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2017/06/29/as-surrogacy-surges-new-parents-seek-legal-protections#:~:text=Medicaid%20does%20not%20cover%20surrogacy,and%20intended%20parents%20at%20risk. [41] Where to find surrogacy insurance? (2017, November 02). Retrieved April 08, 2021, from https://surrogate.com/intended-parents/surrogacy-laws-and-legal-information/where-can-i-find-surrogacy-insurance/ [42] Mohapatra, S. [43] International covenant on civil and political rights. (n.d.). Retrieved April 08, 2021, from https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx [44] United Nations. (2003). Human rights in the administration of justice: a manual on human rights for judges, prosecutors and lawyers. [45] U.S. Const. amend. XIV, § 1. [46] Skinner v. Oklahoma, Https://caselaw.findlaw.com/us-supreme-court/316/535.html (June 1, 1942). [47] Skinner v. Oklahoma [48] Skinner v. Oklahoma [49] Eisenstadt v. Baird, Https://www.lexisnexis.com/community/casebrief/p/casebrief-eisenstadt-v-baird (March 22, 1972). [50] Obergefell v. Hodges [51] Higgins, T. (2021, June 17). Supreme Court sides with Catholic adoption agency that refuses to work with LGBT couples. CNBC. https://www.cnbc.com/2021/06/17/supreme-court-sides-with-catholic-adoption-agency-that-refuses-to-work-with-lgbt-couples.html. [52] Bowerman, M., May, A., & Rossman, S. (2017, April 24). Should the definition of infertility be more inclusive? USA Today. https://www.usatoday.com/story/news/nation-now/2017/04/22/same-sex-couples-covered-infertility-insurance/100644092/. [53] Mackenzie, et al. [54] Mackenzie, et al.
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47

Malatzky, Christina Amelia Rosa. "“I Do Hope That It'll Be Maybe 80/20”: Equality in Contemporary Australian Marriages." M/C Journal 15, no. 6 (September 14, 2012). http://dx.doi.org/10.5204/mcj.562.

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Introduction One in three Australian marriages ends in divorce (ABS, Parental Divorce). While such statistics may be interpreted to mean that marriage is becoming less significant to Australians, many Australians continue to invest heavily in marriage as a constitutive mode of subjectification. Recently released first-wave data from a longitudinal study being conducted with seven thousand high school students in Queensland indicates that the majority of high schoolers expect to get married (Skrbis et al. 76). Significant political attention and debate in Australia has centred on the issue of marriage “equality” in relation to legislating same-sex marriage. Many accounts problematise marriage in Australia today by focussing on the current inequities involved in who can and cannot legally get married, which are important debates to be had in the process of understanding the persistent importance of marriage as a social institution. This paper, however, provides a critical account of “equality” in contemporary heterosexual marriages or heteronormative monogamous relationships. I argue that, far from being a mundane “old” debate, the distribution of unpaid work between spouses has a significant effect on women’s spousal satisfaction, and it calls into question the notion of “marriage equality” in everyday heterosexual marriages whether these are civil or common law relationships. I suggest that the contemporary “Hollywood” fantasy about marriage, which informs the same-sex marriage movement, sets up expectations that belie most people’s lived realities.Project Overview This paper draws on data from a larger research project that explores the impact of globalised ideas about good womanhood and good motherhood on Western Australian women, and how local context shapes these women’s personal ideals about their own life trajectories. Interviews were conducted with a series of women living in regional Western Australia. While more women were interviewed as part of the larger research project, this paper draws on interviews with seven intending-to-mother women and fifteen mothers. Through several open-ended questions, the women were asked about either their plans for motherhood or their experiences of motherhood, in relation to additional expectations of women’s lives, such as participation in the paid sector and body ideals. Married women were also asked about how unpaid labour—that is, domestic and, where relevant, childcare labour—is divided between themselves and their husbands. Women’s responses to these questions provide a critical account of how marriage and the notion of “equality” is currently lived out in Australia. To ensure confidentiality, their real names have been replaced by pseudonyms. My purpose in drawing on my own data in conjunction with literature on the gendered division of unpaid labour is to emphasise that while the theoretical insights are not new, the fact that a gendered disparity continues to exist is of concern because of women’s dissatisfaction with the situation, particularly in the context of frequent claims that equality is already achieved, and given that it queries the fantasy of marriage continuing to circulate in contemporary culture. The women I interviewed responded openly to questions about the division of domestic, and where relevant, childcare labour and the affects of this on their relationships. Feminist approaches to the research process highlight the importance of being reflexive about the relationship(s) between researcher and researched to make the presence of the researcher in the research process explicit (Ramazanoglu and Holland 156). Ramazanoglu and Holland argue “producing knowledge through empirical research is not the same as acting as a conduit for the voices of others” (116). While the power dynamic between researcher and researched is not generally an equal one, the fact that I am younger than all of my participants bar one (who is the same age) I believe went some way towards diffusing my position of power in the interviews. Some of my participants were also either already known to me, or had been referred to me by another participant prior to the interview, which may have made the process of interview less intimidating and more comfortable. Importantly, in many instances, my participants’ reflections about the division of unpaid labour in their marriages, their expectations, hopes for the future, and feelings about it mirrored my own feelings and realities. I related personally to their experiences, and empathise with their dilemmas. This is significant methodologically because “emotional connectedness” (Coffey 158–9) including a close identification with participants (Conle 53–4) influences the process of interpretation. However, in Scott’s terms, power operated through my assessment of participants’ dilemmas being similar to my own and my writing up of their interviews (780). The findings presented in this paper are based on my interpretation of the voices of others, and are unavoidably influenced by my personal context as the researcher. Two predominate themes emerged from women’s accounts of unpaid domestic and childcare labour. Women anticipated their partner’s participation in domestic care activities, although in most cases, this expectation was not met. Further, women held these expectations for “when they had children,” even though their partners did not presently participate in domestic activities. At the same time, the women accepted that, while their husband’s should participate more in unpaid work, this participation would not be equal to their own responsibilities regardless of what other activities either were engaged in outside of the domestic and familial sphere. I found that while women expect a fairer division of domestic labour, they do not expect it to be “50/50.” I argue that the gendered division of labour has changed less than most couples readily admit, as seen through the following overview. Gender Relations: Changes and Stases In Western societies, women’s roles in the public sphere have changed considerably over the last fifty plus years. Women now constitute a significant percentage of the paid workforce. Today, couple families where both partners work in the paid sector are the most common of all families (ABS, Family Functioning). However, there has not been a corresponding shift in the way that unpaid labour is divided between partners. Only one half of the historical gendered division of labour has undergone change; while women as well as men now operate in the paid (and thus valued) sector (traditionally available only to men), women still predominately perform most of the unpaid (and undervalued) domestic work. Gender researchers have been reporting on the unequal division of domestic labour between couples, and the material and emotional consequences for women, for a long time (see Hochschild; DeVault; Coltrane), yet I argue that it remains largely unchanged, and dismissed as an important issue in the Australian community. Hochschild’s work, in particular, made a significant contribution to research into the gendered division of unpaid labour between couples by analysing and reporting on interview data collected from fifty couples, both working full-time in the paid sector, with young children. Hochschild identified and reported on couples justifications for the way they divide domestic and care, which, as I will demonstrate, are still common today (17, see also Hochschild with Machung 128). Several contemporary studies (Meisenbach; Shelton and Johnson) report that women perform the majority of domestic and care duties, despite women’s long established presence in the paid workforce. Indeed, historically, the majority of women participated in the workforce, with only middle and upper-class women experiencing a delayed entry to paid work. In their review of current research into the division of household labour in the United States Lachance-Grzela and Bouchard find that: In spite of women’s increased commitment to the labour force market and their associated political and social achievements, their advances have not been paralleled in the familiar sphere…the gains women have made outside the home have not translated directly into an egalitarian allocation of household labour…[American] women continue to perform the vast majority of unpaid tasks performed to satisfy the needs of family members or to maintain the home. (767) Exchange theories predicted that women’s increased participation in paid work would stimulate an increase in the time men spent performing domestic work (Carter 16). However, various studies including Lupton’s investigation into the distinctions, or indeed, commonalities, between the roles of “mother” and “father” find that women still perform the majority of childcare and domestic labour, even those who are also engaged in paid employment. Time use studies conducted by the Australian Bureau of Statistics also suggest that this prediction has not eventuated, and that whilst some women may have an improved capacity to negotiate with their partners about domestic labour division because of their income, this is not always the case (Carter 17). Ella (aged 32, mother of one) described “quite enjoying it” when her partner was away on business because it was less work not having to deal with his mess on top of other tasks. This is consistent with earlier research findings that single mothers spend less time on domestic work than women with children who live with men (Carter 17). It is common for men to do less domestic work than they create (Bittman 3). All of the women I interviewed who were in partnerships and intending to mother sometime in the future were either employed full-time in the paid sector, seeking full-time employment after completing graduate degrees, or combining paid work with tertiary study. One participant had recently dropped her hours from full-time to part-time because she was pregnant. All of the partnered women who were already mothering at the time of the interview were in full-time employment before the birth of their first child, and seven of them were still in paid employment; one full-time, one three-quarter time and five part time. Most women reported doing the majority, if not all, of the domestic and childcare labour regardless of whether they combined this work with paid work outside of the home. Whilst some women were indifferent to the inequity in their domestic labour and childcare responsibilities, most identified it as a source of tension, conflict, and disappointment in their spousal relationships. These women had anticipated greater participation by their husbands in the home, an optimism derived from some other source than those women with whom they interact.Anticipating Participation In their in-depth psychological study into the specific temporal disruptions and occasions of social dislocation ensuing from the birth of a child in the United States, Monk et al. found that the disruption to daily events and the reduction of social activities were more discernible for women than for men. Other research (Arendell; Hays; Mauthner; Nicolson) conducted at this time concurred with these findings. Similar results are found over a decade later. Choi et al. found most women feel at least some resentment about the impact of parenthood on their lives being “far greater for them than for their partner” (174). Influenced by reports of a supposed ideological shift in the late 1990s wherein fathers were encouraged to take a more active role in the raising of their children in ways previously considered maternal (Lupton 51), women today tend to anticipate that their husband’s will participate more in domestic and care activities, which predominately, does not eventuate. Consequently, feeling “let down” by partners has been identified as a key factor in the presentation of postnatal depression (Choi et al. 175). The women I interviewed who were planning to mother sometime in the future anticipated that their husbands would participate more in the home after the birth of a child. Gabrielle (aged 25, married for three years) hoped that this would be an 80/20 split. The idea of an 80/20 split as an “improvement” may be confronting, but this is Gabrielle’s reality, and her predicament—shared by many other women today—captures the prevailing importance of discussions around the gendered division of domestic labour. Several interviewees who were already mothering had also anticipated that their husbands would participate alongside them in household and childcare related activities. For most, this kind of participation had not eventuated and women were left with feelings of disappointment, and tensions and conflicts in their marriages. Grainne (aged 30, married for five years, mother of one) had expected her husband to be reasonably supportive and helpful around the house when they started their family. Yet she was unpleasantly surprised and intensely disappointed by how participation in the home had worked out since she and her husband had become parents six months ago. Grainne explained that she: expected that my husband would be more supportive and more helpful…I’ve been even more disappointed because he hasn’t followed through with…how I thought he would be…I almost despair a bit…we have actually struggled more in our relationship in the last six months than in the five and a half years. Grainne spoke about the impact of this inequity on the intimacy in her relationship. This is consistent with Pocock who identifies inequity in the division of unpaid work as one of “two work-related spokes in the wheel” (106–107) of spousal intimacy; the other being time and energy to communicate. According to Pocock intimacy, not necessarily sexual, is lacking in many Australian spousal relationships with unequal divisions of unpaid labour (107). While the loss of intimacy results in feelings of loss and regret, for some women, it is characterised as a past concern in their overworked and stressed lives (Pocock 107). Several women from professional backgrounds, in particular Lena and Freya, identified the inequity in their partnerships when it came to home duties and childcare as a significant, and even as the “main,” source of tension and conflict in their spousal relationships. Lena (aged 30, married for five years, mother of two) described having “great debates” with her husband about the division of domestic labour and childcare in their partnership. From her husband’s perspective, it is her “job…to do all the kids and the housework and everything else,” whereas from Lena’s perspective, “he should be able to feed the kids and clean up” on the weekend if she needs to go out. Freya (aged 30, married for ten years, mother of three) also talked about the “various rows” she had had with her husband about her domestic and childcare load. She described herself as “not coping” with the workload. For all of these women, domestic inequality in their marriages has real emotional consequences for them as individuals, and is a significant source of marital discontent. Women’s decisions about whether and when to have children, and how many to have, are influenced by the inequity experienced in marital relationships. Although I suggest that women’s desire to become mothers may eventually outweigh these immediate and everyday concerns, reports from already mothering women suggest that this source of conflict does not dissipate. The evidence gathered from my interviews demonstrates that trying to change dynamics in a relationship, when it comes to domestic tasks, is even more difficult when it is compounded with the emotional, mental and physical demands of motherhood, as Choi et al. also suggest (177).Accepting Inequality The findings of my study suggest that women intending to mother and those already mothering continue to expect to do more domestic and childcare labour than their partners. However, even with this concession, some women are still over-optimistic in their estimations about the amount of domestic labour their partner’s will perform. Fetterolf and Eagly find similar patterns in gender equality expectations in the United States amongst female college undergraduates planning to mother sometime in the future (90–91). Some women I interviewed who were planning to mother sometime in the future described their own attempts to negotiate with their partner to make them do more work. For instance, Gabrielle (aged 25, married for three years), who, as discussed earlier, hoped that her husband will participate more in the home after the birth of a child, said: Once we’ve had kids he might change and realise he might have to help out a little bit more, I can’t actually do everything…I don’t think it’ll be 50/50 just from experience of how we’ve been married so far… I do hope that it’ll be maybe 80/20 or something like that. When asked about whether their current division of house work was a concern for her, particularly in relation to having children, Gabrielle replied that she just “nagged” about it. Putting her discontent in the frame of “nagging” trivialises the issue. While it is men who tend to characterise women’s discontent as “nagging,” women can also internalise, and use this language to minimise their own feelings. That men “just don’t see mess and dirt” in the same way that women do is a popular idea drawn on to account for women’s acceptance of inequity in the home as evidenced in numerous statements from the women I interviewed. Commentaries like these align with Carter’s (1) observations that generally accepted ideas about women and men (for example, that women see dirt and men do not) are drawn on to explain and justify domestic labour arrangements. In response to how domestic labour is divided between her husband and herself, Marguerite (aged 25, married for ten months), like Gabrielle (aged 25, married for three years), described an “80/20 split,” with her as the 80%. Marguerite commented that “it’s not that he’s lazy, it’s just that he doesn’t see it, he doesn’t realise that a house needs cleaning.” Fallding described these ideas, and the behaviours that ensue, as a type of patriarchal family model, specifically “rightful patriarchy” (69) that includes the idea that women naturally pay more attention to detail than men. Conclusion “Falling in love” and “getting married” remains an important cultural narrative in Australian society. As Gabrielle (aged 25, married for three years) described, people ask you “when are you getting married? When are you having kids?” because “that’s just what you do.” I argue that offering critical accounts of heteronormative monogamous relationships/marriage equality from a variety of positions is important to understandings of these relationships in contemporary Australia. Accounts of the division of unpaid labour in the home between spouses provide one forum through which equality within marriage/heteronormative monogamous relationships can be examined. A tension exists between an expectation of participation on the part of women about their partner’s role in the home, and a latent acceptance by most women that equality in the division of unpaid work is unrealistic and unachievable. Men remain largely removed from work in the home and appear to have a degree of choice about their level of participation in domestic and care duties. The consistency of these findings with earlier work, some of which is over a decade old, suggests that the way families divide unpaid domestic and care labour remains gendered, despite significant changes in other aspects of gender relations. Many of the current discussions about marriage idealise it in ways that are not borne out in this research. This idealisation feeds into the romance of marriage, which maintains women’s investment in it, and thus the likelihood that they will find themselves in a relationship that disappoints them in significant and easily dismissed ways.ReferencesAustralian Bureau of Statistics. Australian Social Trends, 2003, Family Functioning: Balancing Family and Work. 4102.0 (2010). ‹http://www.abs.gov.au/ausstats/abs@.nsf/7d12b0f6763c78caca257061001cc588/c8647f1dd5f36f42ca2570eb00835397!OpenDocument›. Australian Bureau of Statistics. Australian Social Trends, 2010, Parental Divorce or Death During Childhood. 4102.0 (2010). ‹http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features40Sep+2010›. Arendell, Terry. “Conceiving and Investigating Motherhood: The Decade's Scholarship.” Journal of Marriage and the Family 62.4 (2000): 1192–207. Bittman, Michael. Juggling Time: How Australian Families Use Time. Office of the Status of Women, Department of the Prime Minister and Cabinet: Canberra, 1991. Carter, Meg. Who Cares Anyway? Negotiating Domestic Labour in Families with Teenage Kids. (Doctoral dissertation). (2007). ‹http://researchbank.swinburne.edu.au/vital/access/manager/Repository/swin:15946.› Choi, P., Henshaw, C , Baker, S, and J Tree. "Supermum, Superwife, Supereverything: Performing Femininity in the Transition to Motherhood." Journal of Reproductive and Infant Psychology 23.2 (2005): 167–180. Coffey, Amanda. The Ethnographic Self: Fieldwork and the Representation of Identity. London: Sage Publications, 1999. Coltrane, Scott. “Research on Household Labour: Modelling and Measuring Social Embeddedness of Routine Family Work.” Journal of Marriage and Family 62.4 (2000): 1208-1233. Conle, Carola. 2000. “Narrative Inquiry: Research Tool and Medium for Professional Development.” European Journal of Teacher Education 23.1 (2000): 773-97. DeVault, Marjorie. Feeding the Family: The Social Organisation of Caring as Gendered Work. Chicago: Chicago UP, 1991. Fallding, Harold. “Inside the Australian Family.” Marriage and the Family in Australia. Ed. Adolphus Elkin. Sydney: Angus and Robertson, 1957. 54–81. Fetterolf, Janell and Alice Eagly. “Do Young Women Expect Gender Equality in Their Future Lives? An Answer From a Possible Selves Experiment.” Sex Roles 65.1 (2011): 83–93. Hays, Susan. The Cultural Contradictions of Motherhood. New Haven: Yale UP, 1996. Hochschild, Arlie. The Second Shift. New York: Viking, 1989. Hochschild, Arlie with Anne Machung. The Second Shift. New York: Penguin Edition, 2003. Lachance-Grzela, Mylene, and Genevieve Bouchard. “Why Do Women Do the Lion's Share of Housework? A Decade of Research.” Sex Roles 63.1 (2010): 767–80. Lupton, Deborah. “‘A Love/Hate Relationship’: the Ideals and Experiences of First-Time Mothers.” Journal of Sociology 36.1 (2000): 50–63. Mauthner, Natasha. “Reassessing the Importance and Role of the Marital Relationship in Postnatal Depression: Methodological and Theoretical Implications.” Journal of Reproductive and Infant Psychology 1.16 (1998): 157–75. Meisenbach, Rebecca. “The Female Breadwinner: Phenomenological Experience and Gendered Identity in Work/Family Spaces.” Sex Roles 62.1 (2010): 2–19. Monk, Timonthy H., Marilyn J. Essex, Nancy A. Smider, Marjorie H. Klein, and David J. Kupfer. “The Impact of the Birth of a Baby on the Time Structure and Social Mixture of a Couple's Daily Life and Its Consequences for Well-Being.” Journal of Applied Social Psychology 26.14 (1996): 1237– 58. Nicolson, Paula. Postnatal Depression: Psychology, Science and the Transition to Motherhood. London: Routledge, 1998. Pocock, Barbara. The Work/Life Collision: What Work is Doing to Australians and What to Do About It. Sydney: The Federation Press, 2003. Ramazanoglu, Caroline and Janet Holland. Feminist Methodology: Challenges and Choices. London: Sage, 2002. Scott, Joan. “The Evidence of Experience.” Critical Inquiry 17.4 (1991): 773–97. Shelton, Nikki, and Sally Johnson. “'I Think Motherhood for Me Was a Bit Like a Double-Edged Sword': The Narratives of Older Mothers.” Journal of Community and Applied Social Psychology 16.1 (2006): 316–30. Skrbis, Zlatko, Mark Western, Bruce Tranter, David Hogan, Rebecca Coates, Jonathan Smith, Belinda Hewitt, and Margery Mayall. “Expecting the Unexpected: Young People’s Expectations about Marriage and Family.” Journal of Sociology 48.1 (2012): 63–83.
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Stanford, Dylan. "The Monogamous Temporalities of Marriage Law: Explaining Bisexual Erasure in Australian Same-Sex Marriage Debates." University of New South Wales Law Journal 45, no. 4 (December 13, 2022). http://dx.doi.org/10.53637/owhx2980.

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Bawden, Lisa, Adam Gerace, Amy C. Reynolds, and Joel R. Anderson. "Psychological and demographic predictors of support for same-sex marriage: An Australian survey." Psychology & Sexuality, December 11, 2022. http://dx.doi.org/10.1080/19419899.2022.2158363.

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Lambert, Anthony, and Elaine Kelly. "Coalition." M/C Journal 13, no. 6 (December 5, 2010). http://dx.doi.org/10.5204/mcj.327.

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"Birds of a feather (and colour) will flock (and fly) together." — Old English Proverb, 1545 (approx) While the notion of the 'coalition' is one normally associated with formalised alliances between political parties, coalitional affiliations are not limited to mainstream politics, and instead share a focus on strategy and outcome across the full range of human endeavours. Parties with varying priorities will put to one side their differences in order to focus on overlapping concerns. Thus coalitions come in all shapes and sizes and cross all walks of life: from families, clubs and teams to friendships, churches and sects, from companies and co-operatives to scientific formula, mathematical groupings and multimedia/multi person online gaming environments. This issue of M/C Journal mounts a timely critical reflection on the multiple contemporary meanings and uses of 'coalition' and coalitional thinking. Some of the questions the authors of this edition have addressed include: how does the notion of coalition inform political practices and powers? How have coalitions changed in recent times? What other (non-political party) coalitions exist and how might they work? How do coalitions inform understandings and expressions of race and whiteness, gender and sexuality, class and poverty, nations and borders? What does it mean to be 'post-coalitional' and how might we map persistence and change in recent political and non-political groupings and collectives? Recent history has revealed large cracks and major shifts in public and political alliances. In Australia for example, November 2007 marked a change in politics and culture that saw the demise of then Prime Minister John Howard and his Coalition government. The coupling of neoliberalism and social conservatism was said to be the hallmark of that government's commitment to 'old Australian values', to severe forms of border control, the refusal of same-sex marriage, scepticism toward climate change, and rapid privatisation policies for public services. The Coalition, it appeared, no longer represented the interests of the public. Since then, the incumbent Labor leader was deposed from within his own party, and Australia’s first female Prime Minister, after having lost a majority, formed a new coalition with smaller parties and independents in order to keep governing. This new coalition came in the wake of Britain’s 2010 election, in which the Conservatives joined with the Liberal Democrats to form the first ever British coalition government, and later was followed by the mid-term resurgence of Republican power in the American Lower House. And of course it was not too long ago that the ‘coalition of the willing', as a collective American-led force fighting the war-or-terror, fell apart in the later stages of the Bush administration, and that the 2008 shift in American politics to Barack Obama's presidency became a singular moment of international historical significance. We ask then, as connections to particular coalitions shift, what new affiliations are formed? And which aspects of older coalitions continue in the midst of change? What do regions, nations and individuals do when the groups they belong to fall apart or lose power? Larger coalitional shifts tell us much about culture, history, law, media, technology and human behaviour. As Australia and the Western world continually move away from supporting the power and policy of previously dominant groups, questions emerge as to the nature and ethics of collectives (of all kinds) as the expression of political, social and personal change. And despite these changes, borders are strengthened, and the associated fears of difference and otherness (from racism to war, Islamaphobia to homophobia) continue to reassert themselves across the globe. This logic of coalition is systematically unpacked and interrogated in this edition’s feature essay by Nick Mansfield. In “Coalition: The Politics of Decision”, Mansfield draws upon the work of Jacques Derrida to carefully analyse the implications of coalition for contemporary politics. Coalition can be distinguished from community or family, and is more akin to friendship, according to Mansfield. This is for two fundamental reasons: firstly, coalitions involve “decision”, and secondly, coalitions are always inevitably in relation to enmity. While coalitions start with a gesture of friendship, Mansfield argues via Derrida’s reading of Schmitt, that this category can slip into enemy territory. Mansfield’s paper uses this theoretical framework in order to comment on political action today. Indeed, each of the papers presented in this volume understand and illuminate ‘coalition’ as a critical tool or useful conceptual framework. In this collection, coalition is deployed in a manner which illuminates the relationships between different parties, interest groups, affiliational thinking and behaviours, and even the bodily senses. Coalitions are understood as contesting and reiterating dominant political paradigms and socio-cultural norms. Ann Deslandes, Randall Livingstone and Christopher Phillips bring our attention to the coalitions that contest dominant forms of political power. Deslandes’s thoughtful engagement with the ‘global justice movement’ focuses on the “ethical scene of activist coalition”. Deslandes examines what she terms the three ethics of coalition, risk, prayer and gift. In so doing, she asks important questions of privileged activists, who must risk the possibility of repeating “domination”. In both Livingston and Phillips, the Internet is a primary tool and site for critical engagement. Livingstone’s paper looks at the “virtual coalition” of online editors concerned with combating Western bias on the major Web encyclopaedia Wikipedia: “WikiProject: Countering Systemic Bias”. Since its inception in 2001, Wikipedia has grown in popularity to be one of the most accessed websites available. This research provides much needed insight into the extent to which Western bias frames the information uploaded to Wiki. At a time when there is a temptation to regard the Internet as liberatory, discussion of its uneven political power is significant. After all, as Livingstone reiterates, the Web does not dissolve border and boundaries. Further exploring relations between visibility and democracy. Phillips takes Gailbraith’s A Good Society as a starting point for a discussion of how contemporary coalitions work, and what larger coalitions of previously marginalised or silenced groups might look like. In this way, Phillips asks if Gailbraith’s vision has been borne out in the American context with particular reference to the 2008 Obama campaign’s use of Internet technologies and the more recent rise of the Tea Party to a position of considerable influence. Given the surprising similarities between such opposing forces, might an understanding of the coalitional ground shared by both be possible? An ongoing theme of this edition of M/C is its engagement with the current local/global coalitional and post-coalitional conditions in which people live - from larger contexts of geopolitics through to the micropolitics of everyday practices, pleasures and identifications. Elaine Kelly engages with the changes to land rights legislation in Australia over the past five years, with the Northern Territory Intervention and more recently with the decision by the Labor Party to uphold the nomination of Muckaty as a site for nuclear waste. Kelly extends the discussion of coalition to encompass its etymology – to grow together. Framing her discussing using critical race and whiteness theory, Kelly argues that private and governmental coalitional interests are at play in land rights reform. This in turn reiterates a relationship between neoliberalism and social conservatism which prompts the question: in whose interests is this “growth”?Also in the Australian context, Anthony Lambert’s paper “Rainbow Blindness” filters contemporary government attitudes and legislative change with respect to marriage and same-sex relationships through the effects of recent coalitional changes in the Australian and global political landscape. Lambert argues that the confusion surrounding the issue of gay marriage and the blurring/changes within political positions constitutes Australia as living within a ‘post-coalitional’ framework – one defined by persistence and change, where a new sensibility towards equity and difference is accompanied by the reassertion of larger coalitional affiliations and normative regimes. Duncan McKay’s paper sees a coalitional model of engagement as potentially providing productive possibilities between governmental bodies and the Western Australian Arts community. McKay passionately critiques the WA Department of Culture and the Arts (DCA) policy document Creating Value arguing that it “may be considered that the DCA and many WA cultural producers may not be engaged in the same project at all, let alone be in effective partnership or coalition”. Blair McDonald’s poetic contribution contends that out of a reading of Foucauldian resistance to sexual norms, new coalitions of behaviour and identity may be possible. In a coalitional context, Foucault cannot and does not simply seek to exit the networks of power and sexuality that he himself constructs. In retracing Foucault’s attention to power and sex-desire, the author seeks a movement toward “new coalitions” or “rallying points” at the limits of bodies and pleasures; in the bodies that are as yet ”unformed” and pleasures that are as yet “unknown”. Meanwhile, Lauren Cruikshank’s “Synaestheory: Fleshing Out a Coalition of the Senses” demonstrates how understanding the relationship between senses as coalitional breaks down the Cartesian dominance regarding subjectivity as exemplified by the mind/body split. Cruikshank’s careful analysis also challenges the privileging of vision in Western culture. As noted above, around the world, many new coalitional minority governments have taken power in recent times. In Australia, Christopher Payne of the Liberal Party referred to the negotiations following the August 2010 election (which resulted in a hung parliament) as Labor, the Independents and the Greens “trying to put together a coalition of the mongoose and the cobra” (ABC). Here, Payne attempts to cast doubt over the stability of this sort of coalition, by positing the Greens as the cobra and the Independents as potential pray to be attacked and devoured. More importantly, Payne has referenced, as this collection of papers does, the changeability of coalitions, and the sometimes antagonistic relationships that may need to co-exist in coalitions of all kinds. ReferencesAustralian Broadcasting Authority (ABC) Online News. “Pyne Warns of Labor ‘Mongoose and Cobra Coalition.” 4 Sep. 2010. 1 Dec. 2010 ‹http://www.abc.net.au/news/stories/2010/09/04/3002524.htm›.
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