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The state doesn't have an opinion on whether God approves of the union because theocracy went out of fashion in the West, along with the Divine Right of Kings. These days in Australia, the state doesn't even care to enforce sexual exclusivity of partners, although once upon a time that was a major element of marital law. Divorce is all about distribution of assets and establishing proper care of the kids. So why the brouhaha over marriage for gay people?
The intended postal plebiscite is profoundly undemocratic. It will be conducted by the Australian Bureau of Statistics, in the hope that it will be considered a 'gathering of statistics', not an electoral matter requiring oversight by the Australian Electoral Commission and an appropriation of funds by the parliament. The federal government is circumventing the will of the parliament. This is part of a broader trend to attack, undermine, defund, and erode the democratic institutions we rely on.
'There was one controversy in which Lionel Bowen was involved that does provide good lessons for the contemporary Catholic considering the desirable law or social policy on a contested issue - lessons for the citizen weighing what is for the common good. Back in 1979 there was debate in the Parliament on a motion which was framed to stop Medicare funding of abortions. Bowen, a strict Catholic, was strongly opposed to the motion. He did not think the motion was about abortion. He thought it was about money.' Frank Brennan's 2017 Lionel Bowen Lecture
It is no disrespect to those Aborigines and Torres Strait Islanders gathered at Uluru to say that now is the time for the report of the Referendum Council to be scrutinised by our national politicians, and that our elected leaders should pay special heed to the observations of those Indigenous members of the federal parliament who have offered considered reflections on the way forward. In particular, our elected representatives should have regard to the views of Patrick Dodson who is now Bill Shorten's Shadow Assistant Minister for Indigenous Affairs and Aboriginal and Torres Strait Islanders.
The presumption of innocence has recently been in the dock, notably in the curious affair of the three federal Ministers and the Victorian Court of Appeal. Other cases have raised the question whether in our society the presumption that those accused of crimes are innocent until found guilty is yielding. Is it now the case that people who have been found guilty in the court of public opinion have to prove their innocence, and that courts will be judged to have failed unless they ratify the guilty verdict?
The mood was subdued at the gates of our small Catholic primary school at 3:30pm on Wednesday. Ten per cent of our school's students have an autism diagnosis, and for their parents who had read Pauline Hanson's comments to the Senate that afternoon, those familiar feelings - dismay at the ignorance and lack of empathy of some people, worry for the future, and defiant pride in their diverse children - had been activated yet again.
This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.
Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.
The level of consultation prior to the announced changes was appalling. But that is water under the bridge. It's time to enunciate some clear principles, and for respectful consultations to take place investigating how those principles can be best applied. This must be done within the realistic political environment in which we find ourselves. At the same time the Catholic system should ensure its schools are more available to the poor, enacting Pope Francis's desire for 'a Church which is poor and for the poor'.
Friday 5 May is the 25th birthday of the introduction of mandatory detention in Australia by the Keating government. It is by no means a 'happy birthday'. Rather it is a sombre reminder of how control, power and political vilification can be used for political ends. There are now more sections in the Migration Act dealing with statutory bars, mainly directed at asylum seekers, than the total number of sections in the whole of the Immigration Restriction Act of 1901.
One of the challenges for progressive parties is to look beyond the existing neoliberal framework for solutions to the current malaise. Labor is so steeped in neoliberal orthodoxy that, even if it was willing to evolve, it's likely incapable of doing so. And while much of the intellectual heavy lifting in forming a picture of what a post-neoliberal future may look like will be done outside organised politics, Labor remains completely unengaged with almost all of these debates.
In the face of historically low levels of Indigenous representation in our parliaments, the Indigenous caucus between Commonwealth, State and Territory Labor representatives points to some progress. It is aimed at increasing Indigenous voter engagement figures, increasing Indigenous Labor candidacy, and developing strategic plans that encourage Indigenous students to become young leaders in Parliament. Those are all necessary and noteworthy causes. But we have a long way to go.
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