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There are many things different from Ted's day, but he would have spoken of them without fear or compromise. A pope from the South who asks 'Who am I to judge?'; a 62 per cent Irish people's vote in favour of expanding the definition of civil marriage; the long awaited beatification of Oscar Romero whose identification with the poor did not win immediate Vatican approval; the call by civic leaders for an Australian cardinal to return home and answer questions posed by a royal commission; and the election of a black US president.
Our Constitution is premised on the outdated notions of terra nullius and assimilation. It is more than three years ago since the Gillard Government set up an Expert Panel, and the Abbott Government is waiting for consensus. Noel Pearson is right to insist that Aboriginal leaders need a place at the table.
Saturday marked the 50th anniversary of the voting right marches across the bridge in Selma, Alabama. The movie Selma is a great though imperfect study in race relations, which is still a hot issue in the US following the spate of police killings of young African American men. Good race relations still has a long way to go, as it does in Australia.
The ACL's recent national conference was held in Canberra and featured Opposition Leader Bill Shorten as keynote speaker. Appearances at the lobby's conferences have become something of a political rite of passage in recent years. Despite serious academic criticism from Professor Rodney Smith of the University of Sydney questioning its claims to political influence, it is now established in the top echelon of lobbying groups.
In a party in which conservatives are dominant, life is rarely easy for centrist Liberals. They are a cultural minority within their own party and can be criticised for rocking the boat when their party is on a roll. Those who are further to the left, including Labor and the Greens, should not just hope that the Liberal Left is heard loud and clear, but they should respect and nurture this strand of liberalism.
The idea of a completed Constitution may be attractive, but it is also dangerous. To complete something is to end, conclude or finish it. Alternatively something which is complete is perfect, full or entire. Such language is inappropriate when discussing a constitution. Advocates for constitutional recognition of Indigenous Australians should beware of it even if it improves the immediate chances of passing any particular constitutional change.
The US Supreme Court and our newly installed Prime Minister have put their weight behind legal recognition of same sex marriage. In California alone there are already 40,000 children who are being brought up by same sex couples. In this debate we need to be mindful of the wellbeing and dignity of these children as well as the unknown number in future who will be created in a test tube.
Gillard is the most prominent woman in our country. She has been repeatedly humiliated, disparaged and ridiculed for that very reason. We may criticise her decisions, but always aware of the context in which they were made, which is dangerously toxic. Her courage under pressure is astonishing, but we ought to despair at her party which is willing itself into annihilation by adding more poison.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
'If my mob were to arrive by boat today uninvited, they would be sent to Papua New Guinea. 150 years ago, the traditional owners helped my ancestors and their fellow passengers to find safe anchorage so that they might settle here permanently calling Australia home.' Frank Brennan speaks on 'Eddie Mabo's legacy of equality, non-discrimination and agreement', Mabo Oration Response at the Playhouse, Queensland Performing Arts Centre, 21 July 2013
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