The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
That, pursuant to section 376 of the Commonwealth Electoral Act 1918, the Senate refers to the Court of Disputed Returns the following questions—
(a) whether, by reason of s 44(i) of the Constitution, there is a vacancy in the representation of South Australia in the Senate for the place for which Skye Kakoschke-Moore was returned;
(b) if the answer to Question (a) is "yes", by what means and in what manner that vacancy should be filled;
(c) what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
(d) what, if any, orders should be made as to the costs of these proceedings.
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
Consideration resumed of the motion:
That this bill be now read a second time.
Pressure, pushing down on me
pressing down on you no man ask for
Under pressure that burns a building down
Splits a family in two
Puts people on the streets
… … …
It's the terror of knowing
What the world is about
Watching some good friends
Screaming Let me out
Pray tomorrow gets me higher gets me higher
Pressure on people people on the streets
I turned away from it all like a blind man
sat on a fence but it don't work
Keep coming up with love but it's so slashed and torn
Why, why, why?
Love love love
Insanity laughs under pressure we're breaking
Can't we give ourselves one more chance
Why can't we give love one more chance
… … …
'Cause love's such an old-fashioned word
and love dares you to care for the people
People on the streets for people on the edge of the night
And love dares you to change your way of
Caring about ourselves
This is our last dance
This is our last dance
This is ourselves
Under pressure
Under pressure
Under pressure
When the LGBTIQ community is diminished in this way, the entire Australian community is diminished. Indeed, when any in our community are diminished in this way, be they our First Australians, people of different ethnicities, people of different religions or people of different sexualities, the whole Australian community is diminished—because we are one people, because we stand together to uphold the principle of a fair go, because the rule of law applies to all of us equally.
The people of Australia were asked if they wanted same-sex couples to marry and they have delivered a resounding 'yes'. They have not been asked if Australians' anti-discrimination protections should be wound back. This important distinction should be front of mind to all Parliamentarians.
Australians have voted for marriage equality, they have not voted to erode anti-discrimination protections.
Freedom from discrimination is a fundamental human right.
Discrimination on arbitrary grounds, including sexual orientation is contrary to Australia’s international human rights obligations.
Many Australians voted no because they fear a world where they won't be able to live their identity, where they can't fully express who they are. They fear a world where they will be shamed for who they are. They fear a world where their faith will be questioned by internet mobs and government tribunals. They fear a world where they mightn't be promoted at work if people knew what they believed or how they lived. They fear a world of ostracism for who they are and what god they follow. They fear a world where violence might be directed against them by a mad few for no reason other than the faith they profess, the place in which they choose to worship.
This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
… I think the reality is there is a cultural, religious, historical view around that which we have to respect.
99% of the work we do as union members is about fighting for our right to decent, safe, well-paying work. But that's one fight in a larger battle to build a just and fair society for everyone.
We can't build a just and fair society for everyone while our lesbian, gay, bisexual, transgender and intersex (LGBTI) workmates are treated differently to other workers. They have the same right to happiness as every other union member and the same right to have their loving, committed relationships treated equally.
We stand up and fight for all workers, because equality is union business.
… it is through children alone that sexual relations became of importance to society, and worthy to be taken cognisance of by a legal institution.
For example, this would include an intersex person … and a gender diverse person who is legally recognised as having a non-specific gender.
A marriage certificate would have put my legal rights beyond any doubt with no room left for prejudice or ignorance.
We find it strange to listen to conversations about hypothetical 'children of same sex parents', as they already exist and have done so for some time.
Our [son] is by no means rare or unusual.
… He knows that we are a family, and I wish there was a way to share with you just how typical we are.
We have a puppy, we sing songs in the car, cry when sad things happen, say grace at meal times, get angry about injustice, look out for our neighbours.
We are just like you.
… over his own body and mind, the individual is sovereign.
You might not always want to go back to Parliament, but you always have to go back to Parliament, because that's your job.
It seems like panic. In this game you put on a brave face, you front up and present an air of confidence. This seems like Turnbull is scared of the party room and the Parliament.
Let’s stop kidding ourselves. People are not safer because our government stopped the boats.
A lot of that rests with the Turnbull govt, it's leadership & policy direction.
I would be staggered if the coalition proposed a banking royal commission, that is rank socialism.
… medical care remains inadequate, and caseworkers, interpreters, and torture and trauma counselling are completely unavailable.
That the Senate take note of the answer given by the Minister representing the Prime Minister (Senator Brandis) to a question without notice asked by Senator Chisholm today relating to the Queensland election.
That the Senate take note of the answer given by the Minister representing the Minister for Immigration and Border Protection (Senator Cash) to a question without notice asked by Senator McKim today relating refugees.
That the Senate records its sorrow at the death, on 16 November 2017, of the Hon. Wallace Clyde 'Wal' Fife, former Minister for Aviation, Minister for Education, Minister for Business and Consumer Affairs and a former member of the House of Representatives for the divisions of Hume and Farrer, places on record its gratitude for his service to the Parliament and the nation, and tenders its sympathy to his family in their bereavement.
A chap said to me today that I walked through a minefield and I came through virtually unscathed—I am very proud of that.
That leave of absence be granted to Senator Dodson for the parliamentary sitting week beginning today, for personal reasons, and for Senator Gallagher for Wednesday, 29 November and Thursday, 30 November, for personal reasons.
That the time for the presentation of the report of the Select Committee into the Political Influence of Donations be extended to the last sitting day in March 2018.
That the Senate—
(a) expresses its grave concern that a social media account, passwords and potentially the internet-enabled device or devices of the Minister for Defence Industries (Mr Pyne) may have been hacked;
(b) further expresses concern about the potential that Australia's national security may have been placed in a compromising position; and
(c) calls upon the Attorney-General to report back to the Parliament, before it rises, on investigations that have been conducted into the matter.
That the Senate—
(a) notes ABC media reports on 15 November 2017, referring to Operation Manitou and the fact that, on 14 August 2017, the Royal Australian Navy conducted a training exercise with its Saudi Arabian counterpart in the Red Sea;
(b) further notes that Saudi Arabia is currently enforcing a naval blockade of Yemen, which has led to widespread food shortages; and
(c) orders that there be laid on the table by the Minister for Defence, by no later than 12.45 pm on 29 November 2017, any documents relating to the joint training exercise between the Royal Australian Navy and its Saudi Arabian counterpart on 14 August 2017.
That the time for the presentation of the report of the Select Committee on Lending to Primary Production Customers be extended to 6 December 2017.
That the Senate—
(a) notes with deep concern the high number of Aboriginal and Torres Strait Islander children in out-of-home care;
(b) acknowledges the urgent need to address this issue; and
(c) calls on the Federal Government to show leadership and work with state and territory governments to ensure the implementation of Aboriginal Family-Led Decision Making, delivered in partnership with Aboriginal agencies.
That—
(a) the order of the Senate of 15 November 2017, relating to the hours of meeting and routine of business, be varied as follows:
Omit subparagraph 3(b), substitute:
(a) on Tuesday, 28 November 2017:
i. the hours of meeting shall be 10.30 am to 11 pm,
ii. the routine of business from 10.35am to 2.00 pm and from not later than 7.20 pm shall be consideration of the bill only, and
iii. the Senate shall adjourn without debate at 11 pm.
That the Senate take note of the document.
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
… the union of one man with one woman for life to the exclusion of all others …
That the Senate take note of the document.
Marriage Amendment (Definition and Religious Freedoms) Bill 2017
To require a man to do a thing which has nothing at all to do with religion is not prohibiting him from a free exercise of religion.
… that should legislation be enacted to change the definition of marriage, careful attention is required to understand and deliver a balanced outcome that respects the human rights of all Australians if the nation is to continue to be a tolerant and plural society where a diversity of views is not only legal but valued.
Marriage, in their view, is by its nature a gender-differentiated union of man and woman. This view long has been held—and continues to be held—in good faith by reasonable and sincere people here and throughout the world.
You might want to tell us to stick to our "bread and butter"—to winning you better wages and conditions at work. But here's the thing about that: a better, fairer Australia where more people are equal? That's our bread and butter. That's what we work towards every day.
Sure, most of the time we achieve that by helping construction workers stand together and be paid a fairer wage, or be safer at work … but that doesn't mean we won't also stand up for our LGBTI members. Or for our LGBTI friends, family and neighbours. We stand for a fair go. We stand steadfastly with all our members who've waited far too long to be equal before the law.
One community rally organised to oppose the decriminalization was organised in Ulverstone on Tasmania's north-west coast and was attended by 700 people. The keynote speaker at the rally was Chris Miles, a Federal Liberal politician—
Miles linked reform of Tasmania's laws against homosexuality to infiltration by homosexual activists of the education system. He said, "if we give in on this one the rot will continue. This will just be the tip of the iceberg."
I just want to reassure Australians that as strongly as I believe in the right of same-sex couples to marry, as strongly as I believe in that, even more strongly, if you like, do I believe in religious freedom.
I am a supporter of marriage equality, but I also have been raised to be a person of faith. I can give this guarantee to the Australian people: I and Labor will not support legislation which impinges on religious freedoms in this country.
We’ve been pretty clear on this issue for some time now and there’s overwhelming community support for this.
We would prefer to see the Federal Parliament legislate for a nationally consistent scheme, but in the absence of this we will act for the people of the ACT.
… under the Constitution and federal law as it now stands, whether same sex marriage should be provided for by law—
is a matter for the federal Parliament.
Good people with good hearts can have different views on this … issue.
… if Australia is to remain a plural and tolerant society where different views are valued and legal, legislators must recognise that this change will require careful, simultaneous consideration of a wide range of specialist areas of law, as opposed to the common perception that it involves changing just a few words in one act of parliament.
The time for talking is over. The public are sick of the bickering and political point-scoring about same-sex marriage. The Northern Territory in Australia need to move forward.
I do not know if Riverview has any LBGTQI teachers or parents in the college and if they have intentions of marriage: I won't be asking with a view to removing them from the school.
Those of same-sex orientation who are part of our community are welcomed and valued as part of the greater mission of the church, and that is to bring God's love to the world and those in need of it.
On the 15th of November after a long wait and sleepless night I sat in my car to find out how Australia had voted - was my relationship worthy of voting yes?
I was in my car because I couldn't bear to be around others, what if it was a No vote what would I do? and what could I say?
And I knew I could not console others and that the pain would run too deeply. Normally, I can find something in myself to support others but this one was personal it was my life and that was something very different.
When I heard that Australia had voted yes I expected a huge sense of elation and that did happen, but mostly I felt relief.
Relief the plebiscite was over, relief that maybe it would not take up all the dinner conversations with my friends and family, relief that I could drop the guard and just be a little bit angry with the No Campaign and the Coalition for marriage and every other person that had minimised the relationships of the LGBTI community.
No one but the LGBTI community will know what it was like to have family members would probably vote NO and be terrified to discuss this out of fear of what that might mean to our relationship.
Afterwards my blood boiled when I heard politicians pat themselves on the back and say the plebiscite was a good thing and positive thing and isn't it great that Australia said yes.
That was insulting and no it was not a good thing it was never a good thing and as someone said the Government "outsourced" the decision to Australian citizens and thankfully they said yes, but there was a cost and that cost was a collective anxiety that never should have occurred. So I sat in my car and reflected and then my children rang, they were crying, laughing and of course asking when my partner and I were getting married. I was truly shocked at what the Yes vote meant to them.
My partner and I have been together for 12 years and in that time we have gone through good times and bad, we have raised children and built a life together as a family and my children wanted our relationship to be solidified.
They wanted it to happen, not because of economics, or legalities or because now we could but they wanted to be part of celebrating our relationship and because as my daughter said she didn't have to explain anymore.
So now we wait again, our anxiety is not over it goes on. We just want to get this whole thing over with, we want our politicians to listen to the people and stop debating the validity of our relationships which is being mixed up in a "dog whistle" debate about where we can buy cake for our weddings which is insulting and discriminatory.
The right to get married is so much deeper than where we buy our wedding cakes or which venue we go to. It is actually much simpler. This debate is about love, commitment and the right to our relationships. They are to be respected and valued like everyone else's.
Even in the face of an extremely unnecessary, expensive and divisive survey.
Love is love.
Love always wins.
As parents, we stand with our sons and daughters to support them on the issue of marriage equality and what we see as fair.
Now believe me, right now, the people smugglers are using Kristina Keneally's articles, her statements on this as a marketing tool to get people onto their boats to take them to sea…When the boats start again, if Labor were ever to get back into government, how many of those asylum seekers is she going to bring to Bennelong?
I spoke the other day, after he had been defeated in an important Division, about his wonderful skill in falling without hurting himself. He falls, but up he comes again, smiling, a little dishevelled, but still smiling …
I remember, when I was a child, being taken to the celebrated Barnum's circus, which contained an exhibition of freaks and monstrosities, but the exhibit on the programme which I most desired to see was the one described as "The Boneless Wonder".
My parents judged that that spectacle would be too revolting and demoralising for my youthful eyes, and I have waited 50 years to see the boneless wonder sitting on the Treasury Bench.
I think the same-sex marriage debate has shown us very clearly that the silent majority of Australia is actually … generous, very fair-minded and actually want to bequeath our children something better than we have …
When I first began lobbying MPs, I would say most of you were not even in politics. I was being told that our sons and daughters would want to marry the dog, the TV or the dead.
… … …
As parents, we want our sons and daughters to have the right to marry in a respectful manner, just the same as their peers and siblings.
… … …
As parents, all we ask is that our sons and daughters have the right to the same opportunities and to be seen as equal by the government, regardless of gender or orientation. They work; they pay taxes, and they contribute equally to society. We, their parents, want them, when they can finally marry the person they love, to have the same opportunities and privileges that marriage provides.
Marriage, in their view, is by its nature a gender-differentiated union of man and woman. This view long has been held—and continues to be held—in good faith by reasonable and sincere people here and throughout the world.
… that it is the matrix, the indispensable condition, of nearly every other form of freedom.
I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.
Instead of replacing TAFE with an internet cafe like the Nationals, or keeping TAFE on life support with a 70 per cent funding threshold like Labor, the Greens will restore quality public TAFE colleges throughout New England with a 100 per cent funding guarantee.
Greens respect rural communities with our recognition of the prime role of TAFE for practical vocational education to people of all ages, and especially for young people, Aboriginal students, students with disabilities, and students for whom traditional schooling did not meet their needs TAFE also enables older Australians to re-enter the workforce or transition to new careers.
Every dollar we invest in TAFE comes back to each community many times over a lifetime of dignity, respect and social cohesion that springs from meaningful and fulfilling skilled employment.
How can anyone safely replace the brakes in a car or repair farm machinery from a YouTube video?
TAFE is the brakes in your family car. It's the wiring in the house where your loved ones sleep. You can't replace that with an internet cafe, as the Nationals would have you believe.