The Straw Man is about to burst!

The straw man mock-up of the Religious Discrimination Bill is getting stuffier with every passing day.

It wasn’t enough for Judith Ireland and Luke Beck to write a couple of fictional pieces last week for Fairfax. Their collation of hypotheticals have been mistaken by some readers as fact, but in the end, their scaremongering ended up belittling religious and irreligious Australians alike!

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Apparently, the straw man has yet more room to fill. A string of articles this week (once again thanks to our friends at Fairfax) have continued to make hay out of the Religious Discrimination Bill. This overstuffed straw man is about ready to burst, even before they even finishing preparing to light the bonfire.

Take, for example, The Royal Women’s Hospital. According to reporting in yesterday’s The Age, they are arguing that the Religious Discrimination Bill will lead to Doctors refusing to perform abortions and even to abortion freedoms being stifled.

First, Doctors are already protected by law to refuse to perform an abortion. Second, and contrary to the straw man, this Bill is primarily aimed at protecting already existing freedoms of religious Australians, not introducing new rights. Third, if abortions laws are tightened in the future, it won’t be the consequence of this Bill but because Australians once again acknowledge that unborn children are human beings and therefore must be treated with due dignity and worth.

Former High Court Justice Michael Kirby has joined the fray with a piece in The Age, arguing that the Bill will divide Australians and not unite them.

What is Michael Kirby’s evidence that this will be the case? For the most part, he entertains a similar line of hypotheticals that have already been paraded in the street. There is however one concrete example. He mentions the case in Victoria where a Doctor allegedly refused to prescribe contraception or advice to a patient about IVF. It is important to note however that this alleged incident has nothing to do with the drafted Religious Discrimination Bill. This case has arisen under existing laws in Victoria and not because of a Bill that has yet to be even debated before the Parliament.

It is worth noting the kind of language Justice Kirby employs to describe the kind of person who is advocating for the Bill:

“it actively facilitates intolerance and will work to divide rather than unite Australians”

“support those who use religious belief as a weapon against non-believers.”

Is this really the state of mind and heart of religious Australians? We are wanting legal protection for the purpose of using our beliefs as a weapon? There is more…

“This is something obsessive religious proponents demand”.

Of course, any person who supports this Bill is obviously ‘obsessive’ and unreasonable and a fool! For a decisive knock out punch, Justice Kirby concludes by bringing out one of the big words,

“We should be vigilant to preserve it, not erode its legacy by enacting laws to appease an extreme minority.”

Are our mainstream Christian denominations now to be described as ‘extreme’? Are Anglicans, Presbyterians and Baptists, ‘extreme’. Extreme in what and how? For affirming what Christians have believed and practised for 2,000 years? For cherishing ideas that have created the freedoms and societal goods that we enjoy today in this country?  We all know how appalling extremists are, but labelling people in this false way is incredibly slanderous.   I understand, resorting to this kind of rhetorical game can be effective and persuasive, but it does nothing to aid truth-telling and it only further exemplifies the fracturing of civil society. Of course, there are some religious tools in our community; I don’t see anyone denying that. But this narrative being spun by Kirby and others is simply disingenuous.

As I wrote earlier in the week, I’m not saying that the Bill cannot be improved. My preference would be that we live in a society where such legislation isn’t required.  It is important to remember why this Bill is even being considered: it is because of the unreasonable and hardline secularists who will not tolerate Australians who do not fully endorse their narrow way of looking at the world. The same people who cry out for love speech are calling fellow Australians bigots for not supporting their causes, and are going to great lengths to silence these Australian and even remove them from their places of employment.

Wouldn’t it be advantageous and refreshing to see disagreeing Australians discuss these matters with civility and sitting down together without spitting coffee at each other?  I remember one such example. Back in 2017, Andrew Hastie and Tim Wilson sat down with a Coopers beer in hand and chatted about their differing position on gay marriage. It was polite, honest, and respectful. Yet within hours, social media was alight with hate, and with photos of people destroying bottles of Coopers and with pubs declaring that they would no longer serve the Aussie beer. That’s the problem, we no longer wish to talk across the table or to show kindness to those who disagree with us. There is only one flavour in town and that is ‘outrage’.

Whether it is Michael Kirby or Luke Beck, the media, and the rest of us (including those who support some kind of religious discrimination bill), we really need to put the straw man out to pasture and rediscover those out-of-fashion virtues, kindness and authentic tolerance. The Religious Discrimination Bill is aimed at going some way to hold together this fraying society, but I do hope that wherever it finally lands, Christians will keep speaking truth in love and to love our neighbours whoever they may be. Yes, sometimes we will fail to do so, and so we should ask for forgiveness. We should hold to the faith once for all delivered to the saints. If our society so determines that this is extremism, then so be it. Let us be extreme in loving God and in wanting good for others

 

 

Marriage Plebiscite crumbling under light weight arguments!

In an interview on ABC’s Lateline, Friday night, Michael Kirby (former Justice of the High Court) was interviewed on the topic of the marriage plebiscite. During an engaging interview, Justice Kirby articulated his concerns over the broad debate on marriage, including his reasoning for not supporting a plebiscite.

I was immediately struck by one of his arguments, of how the plebiscite may set a “very bad precedent”. It is important to think through the ramifications for future decision making processes, and what we are communicating about our democracy by setting this path of a public vote. I was persuaded, until I discovered that plebiscites and referendums are not as rare in our history as we might think.

Since Federation in 1901, at the Federal level Australia has held 44 referendums and 3 plebiscites. The States however, have conducted many more plebiscites, covering a wide range of issues including the establishment of Wrest Point Casino (Tas, 1986), closing hours for alcohol selling establishments, extending shopping hours (WA, 2005), and daylight savings.

In other words, on no fewer than 60 occasions, Australian Governments have taken an issue to the people and asked for their opinion. That is one referendum or plebiscite every two years; meaning we’re overdue.

In 1977 a plebiscite was conducted to decide our national anthem. Now, maybe I’m not as patriotic as other Aussies, but in my view, marriage is significantly more important than choosing to sing ‘Advance Australia Fair’.

So, the bad precedent argument doesn’t work. What of Michael Kirby’s other compelling argument against the plebiscite?

“I don’t think we should draw any inferences about what would happen in a plebiscite, especially a plebiscite of compulsory voting in this country. I think we would draw better inferences from our history on constitutional referendums: and on that matter, we have a record of 44 proposals that have been put to the people at a referendum and only eight have succeeded. Australians vote “no” when they get a chance.”

Did Michael Kirby suggest that we shouldn’t hold a plebiscite on same-sex marriage because Australians will probably vote against it?

It certainly sounded so. Emma Alberici certainly thought so, because she followed up with this question, “Because you firmly believe it would be defeated? The “no” vote would win?”

Justice Kirby obviously had a change of mind, for this time he said, “No, I don’t think it would be defeated. I think it may well be passed. But this is a bad way of going about it. It’s not the Australian way.”

By the ‘Australian way’, Kirby then repeated his argument about setting a bad precedent.

Interestingly, on Insiders today, it was revealed that the Labor Party Room has been briefed by pollsters who are saying the plebiscite won’t succeed, and thus adding weight to Labor backing away from supporting a plebiscite.

Malcolm Turnbull responded,

“the worst argument, the absolutely worst argument against a plebiscite is to say that it wouldn’t be passed. So if Labor is seriously saying that, if they are saying, ‘Don’t consult the Australian people because they won’t give you the answer you want,’ it is the most anti-democratic argument.”

I don’t always agree with the Prime Minister, but I think he has a valid point.

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I am not questioning Michael Kirby’s commitment to the LGBTI community, nor his convictions about marriage. Neither am I arguing for the plebiscite here,  but I am simply making the point, if you don’t want a plebiscite, you need to make a case with more substantive reasons than these.