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RELIGION

A third way in the marriage equality debate

  • 07 December 2015

A recent episode of Doctor Who contained a fascinating scene. Two parties in conflict with each other — in this case humans and an alien race called the Zygons — were each given access to a box with two buttons. One of those buttons would give them everything they wanted, the other would result in catastrophic consequences for their own side.

To proceed with the conflict they just had to push one of those buttons. But they could not know the consequences of the button they pushed, until they pushed it.

This story comes to mind as the conflict between advocates for marriage equality and the defenders of traditional marriage moves to the courtroom.

The Tasmanian Anti-Discrimination Commission recently found the Australian Catholic Bishops Conference has a case to answer for its distribution of the 'Don't Mess With Marriage' booklet in the state's schools.

A process of arbitration will decide if the distribution of the book was 'conduct that is offensive, intimidating, insulting or ridiculing of Ms Delaney and the class of same sex attracted people'. These legal cases will mirror similar actions in the United States and elsewhere, where opponents of same sex marriage have been taken to court for actions seen to discriminate against the rights of LGBTI people.

Some might feel that court actions are inevitable. But the Doctor Who experiment provokes us to look at the best-case and worst-case scenarios in such a polarised conflict.

Let's say those opposed to same-sex marriage are overwhelmingly successful in their defence of their teachings and institutions, and are able to maintain the distinct privilege of heterosexual marriage in the country's legislative structure.

In this outcome, adoption, reproductive health and nursing home providers will be allowed to discriminate against same-sex couples in their provision of services. Private schools will be allowed to teach to traditional models of marriage and sexuality, and to discriminate in their hiring practises on the basis of orientation. All of this will reduce the options available to LGBTI people.

The majority of people will maintain, as they currently do, that same sex couples should not be marginalised or demonised. But those moved to vilify and target same-attracted people will only be encouraged. Same-sex couples will likely also continue to have difficulties with everyday activities such as dealing with utility companies, and they'll be more vulnerable when one of them gets sick or passes away and next-of-kin is being determined.

From a LGBTI perspective, such an