19 March 2010

Sorry, so sorry, but not quite yet

Michael Kirby's stirred anxieties and resentments with another forecast that Australian governments will eventually apologise for two centuries of law and administrative practice that discriminated against - and often criminalised - same sex activity and people in same sex relationships.

His latest statement is found in Future Justice, a collection of essays for secondary school students that also features contributions by Julian Burnside QC and Peter Doherty. The book
is concerned with what those living today leave behind for future generations. In the first part ... leading academics and thinkers explore the meaning of future justice and our responsibilities with respect to the environment, Indigenous Australians, refugees, science, human rights education, sexuality, economics, Southeast Asia, a Human Rights Charter, the United Nations and the Australian Constitution. The second part of the book features writing by young people on violent conflict, dementia, identity, death, love, celebrity creation and climate change.
The former High Court Justice is reported as commenting that -
Openness about sexuality helps to destroy the foundation for prejudice and discrimination. One day there will be a big parliamentary apology ... to gay people for the oppression that was forced on them and the inequalities that were maintained in the law well beyond their use-by date. Just like the delayed 2008 apology to the Aboriginal people of our country.
That apology would be consistent with the belated acknowledgment by Australian governments of wrongs to Indigenous people and to 'child migrants'.

Kirby argues that a key to overcoming homophobia in Australia is through law reform. He indicates that -
I also do not doubt that, in a comparatively short time, Australia will move towards same-sex civil unions and gay marriage ... No one has satisfactorily explained how my 40-year loving relationship with my partner Johan in any way affects (still less undermines) heterosexual marriage.
In 2008 he was reported as referring to calls -
that I should apologise for being in a relationship with my partner at the time that homosexual acts were a criminal offence. I suggested that this was like saying that Nelson Mandela should apologise for ... breaching the racist laws during the apartheid days. When the law changes, it is sometimes appropriate to provide apologies to those who were oppressed by the old law. More important than apologies, however, are practical measures that remove the discrimination in the law books. Fortunately, this is now happening in our country, slowly but surely.
In commenting on the federal Government's cautious reform package he stated that -
The reforms, if adopted, should not only remove personal inequalities for citizens from sexual minorities, they should enhance self-respect and human dignity, which is the right of every individual in a society like Australia's. Future generations will look back in astonishment at the past discrimination, just as we do today to the previous legal discriminations against Aboriginals, women and Asians in Australia.
He went on to note -
Further reforms are needed for transgender and intersex people. To reform the law is one thing. To secure changes in social attitudes is another. ... Changing attitudes may be difficult; but it can be done. In my lifetime, I have seen changes of attitudes towards Aboriginals, women and Asian and other non-'white' races in Australia. There is a big difference between 'tolerance' (a most condescending word) and 'acceptance'. It is acceptance that we should work towards. I have a feeling that we in Australia are in an important cross-roads in the evolution of acceptance of difference and diversity in our society. I hope that this will come about and we must all do whatever we can to promote acceptance and to grow out of infantile attitudes that insist that people must all be exactly the same.
The Herald Sun charmingly editorialises "No More Sorries".