EQUAL
RIGHTS FOR GLBTI PEOPLE - GETTING IT RIGHT
The ACT Government
is actively looking at issues relating to equality for gay, lesbian,
bisexual, transgender and intersex people. It is up to all of us (yes,
that means YOU - GLBTI people and families and other friends and
supporters) to make sure that this work continues and delivers good
outcomes.
Please take the time
to make at least some effort. Don't sit back - the buzz is that so far the
anti-GLBTI lobby is making far more noise than the GLBTI communities and
their supporters. Chief Minister Jon Stanhope recently stated that the
government had received 10 communications opposing the reforms for every
supportive one! Don't let the government think this reflects the views of
the ACT population. Having your say can be as simple as sending a
pre-written email - but the more effort you put in the more impact it will
have.
To find out what you
can do, and why law reform is needed, read below under the following
headings
- What
is wrong with the law right now?
- How
you can help
- Sending
letters and emails
- A
sample email to send now
- What
has happened so far?
- What
is going to happen now?
Please pass this
information on to all your supportive family, friends and workmates and
personally ask them to take the time to show the government
they support these reforms. We need their support too.
WHAT
IS WRONG WITH THE LAW RIGHT NOW?
Did you know?...
- A same sex couple
cannot adopt a child (but single people can).
- The law treats a
lesbian couple who use artificial insemination to get pregnant differently
to straight couples. This means their children do not have the same rights
as children born to straight couples.
- Private schools
receiving substantial taxpayer funds are allowed to deny
access to GLBTI people on religious grounds.
- A same sex partner
is not entitled to death benefit under the Workers Compensation
Act if their partner dies from a work-related injury.
- Employers can
lawfully discriminate against a person on the grounds of
their sexuality if the job involves caring for children in a
residential
situation.
- The protection
against discrimination provided to transsexual people by the
Discrimination Act does not extend to transgender people who have
not
undergone sex-reassignment surgery
- A murder charge
can be reduced to manslaughter on the basis that the killing was
"provoked" by the victim making a non-violent homosexual advance
towards the killer.
- There is no way
for same-sex couples to 'register' their relationships
and make sure that they are legally recognised as a couple (as straight
couples can through marriage).
- There are very few
education and support programs to take specific account of GLBTI issues
and needs.
If you think any of
these things should be changed, keep reading - or skip
to the section "What has happened so far" if you want to know
more about the current law reform process...
HOW
YOU CAN HELP
- Send letters and
emails to Members of the Legislative Assembly to let them know you support
GLBTI people having equal rights. See the Section below
on "Sending letters and emails".
- Attend the
Legislative Assembly at 3.30pm on 8 May for the tabling of the
Government's Report on GLBTI issues and show your support by wearing a
rainbow ribbon or badge (we'll have some ribbons available on theday). The
time might change at short notice. You can ring the Legislative Assembly
on 02 6205 0439 on the day to check.
- Be prepared to
take action following the Government Response, including telling your
personal stories of discrimination if that is possible.
Stay tuned for further information following 8 May.
- Spread this
information broadly to GLBTI people and family, friends and
other supporters - encouraging them to help as described above.
- Keep a lookout for
petitions at places like Cube and Tilley's over the
next few months.
- Join the Good
Process update email list to ensure you receive information about further
developments and things you can do to help in the future. To do this send
an email to good_process_act@hotmail.com
and ask
to be put on the update list.
- Get more actively
involved by joining the Good Process Working Group. To do this send an
email to good_process_act@hotmail.com
and ask to join the working group.
SENDING
LETTERS AND EMAILS
- Personally written
letters are best (especially handwritten). Here are some samples.
- But, if
all you
have time for is a form letter cut and paste the "Sample
email you
can send now"
into a letter or email.
- If you want some
ideas to help you write your own letters check out some sample letters on
our website http://www.nwjc.org.au/good_process_act
Personal touches are
powerful - saying that you want your child or friend to have equal rights
- or telling them about how you or your loved
one has suffered through discrimination.
- The more letters
or emails you have time to send the better - but if you
can only do one make sure you send it to the Chief Minister, Jon
Stanhope.
If you only have time for a few send them to the government (Labor)
members or the members who represent your electorate. If you are not sure
what electorate you are in, information is available at http://www.elections.act.gov.au/Elecrate01.html
- The MLAs are
Ginninderra
Jon Stanhope (ALP)
(Chief Minister) - stanhope@act.gov.au
Wayne Berry (ALP) (Speaker) - berry@act.gov.au
Roslyn Dundas (Democrats) - dundas@act.gov.au
Vicki Dunne (Liberal) - dunne@act.gov.au
Bill Stefaniak (Liberal) - stefaniak@act.gov.au
Molonglo
Simon Corbell (ALP)
- corbell@act.gov.au
Greg Cornwell (Liberal) - cornwell@act.gov.au
Helen Cross (Ind) - cross@act.gov.au
Katy Gallagher (ALP) - gallagher@act.gov.au
Jacquie Burke (Liberal) - burke@act.gov.au
Ted Quinlan (ALP) - quinlan@act.gov.au
Kerrie Tucker (Greens) - tucker@act.gov.au
Brindabella
Jon Hargreaves (ALP)
- hargreaves@act.gov.au
Karin MacDonald (ALP) - macdonald@act.gov.au
Steve Pratt (Liberal) - pratt@act.gov.au
Brendan Smyth (Lib) (Opposition Leader) - smyth@act.gov.au
Bill Wood (ALP) - wood@act.gov.au
- A snail mail
address you can use for all MLAs is GPO Box 1020 CANBERRA ACT 2601.
- Make sure you put
your address (or at least your suburb) on your letter so that the
government knows you live in the ACT.
- If you have time
CC us a copy of your letter, or send us an email at
good_process_act@hotmail.com
so we have an idea how many letters are being sent.
A
SAMPLE EMAIL TO SEND NOW
If all you have time
for is a form letter then cut and paste the text below into an email or
letter. You could also use this as a starting point and change it or add
in a comment about some issue that you are particularly passionate about
or a comment about how discrimination
affects
you personally.
"Mr Jon
Stanhope MLA
Chief Minister of the ACT
GPO Box 1020
Canberra ACT2601
Dear Mr Stanhope
I am writing to
express my support for the important work the government is doing in
addressing discrimination against gay, lesbian, transgender and intersex
people in the ACT. I believe that all people are entitled to equality
before the law and to be treated with respect and dignity in the everyday
lives, regardless of their sexuality or gender identity.
I understand that to
date the government has received more
representations
against such reforms than in favour of them. Please do not interpret this
as reflecting the underlying views of the ACT community.
If anything, the activism of those opposed to equality amplifies
the need for further action to address this discrimination.
I urge you to ensure
that the government removes all discrimination
against
GLBTI people from ACT laws and is proactive in developing programs
and policies that address the discrimination faced by GLBTI people
in our community.
Yours sincerely
[put your name]
[put your address or
suburb]
[put the date of the email or letter]"
WHAT
HAS HAPPENED SO FAR?
In December 2002 the
ACT Government took two significant steps following a review of ACT
legislation to identify provisions that discriminate against GLBTI people
- A package of
legislative amendments to address changes seen as more straightforward was
introduced and subsequently enacted. Broadly, this modifies a range of
legislation to replace definitions such as "spouse" and "de
facto spouse" with the more encompassing notion of a "domestic
partnership". Also, it provides for a transgender or intersex person
who is to be body searched to choose whether a man or woman is to
undertake
the search. For more information, see the Legislation (Gay,Lesbian and
Transgender)
Amendment Act 2003 at http://www.legislation.act.gov.au
- An Issues Paper to
stimulate community debate on changes seen as more complex or
controversial was released. It raises matters such as those outlined in
"Examples of inequality" above and is available at
http://www.jcs.act.gov.au
Good Process was
formed in October 2002 in response to the Government's commitment to
consider legislative and policy reforms to effect equality
for
GLBTI people in the ACT. We aim for reforms that achieve the best possible
outcomes for all GLBTI people. We do not purport to represent the views of
all GLBTI people and aim to communicate to the government the
diversity of views presented to us. We were instrumental in securing a
number of key amendments in the first package of legislative amendments
and provided a comprehensive submission in relation to the issues
paper, available at http://www.nwjc.org.au/good_process_act
WHAT IS GOING TO HAPPEN NOW?
The Government
response to the submissions made against the issues paper is to be tabled
in the Legislative Assembly on 8 May 2003. We hope that the government
will introduce further amending legislation later this year but do not
know at this stage what areas of discrimination that legislation will
address.
We need to make sure
that the momentum for change does not slow at this point. While the work
to date should be applauded, there is still more to be done, as outlined
above under the heading "What is wrong with the law now?".
Supportive Members of the Legislative Assembly (MLAs) could easily form
the view that they have done enough if we do not put energy into pressing
them to do more. Good Process will be continuing to lobby the government
after the release of the report to encourage them to address all areas of
discrimination faced by GLBTI people and to ensure that legislative
changes reflect the needs of GLBTI people. It is likely that we will
conduct community forums and/or surveys over the next few months to feed
into our representations to the government. It is also likely that we will
need all of you to sign petitions and write letters on specific issues
over the coming months.
If you want to make
sure you are kept informed about developments and ways you can help please
join the Good Process update list by emailing good_process_act@hotmail.com
and asking to be put on the Update list.
If you would like to
be more actively involved you can join the Good Process Working Group by
sending an email to good_process_act@hotmail.com
and asking to join the working group.
Now that you know
what it is all about skip back up to "How
you can help".