Same-Sex: Forum Brisbane
Same-Sex: Same Entitlements
National Inquiry into Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits
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WRITTEN NOTES
NOTES FROM BRISBANE PUBLIC FORUM 6.30 - 8.30pm (10 October 2006)
No audio files are available for this forum.
53 people attended the community forum at Brisbane and discussed a range of issues.
The following is an overview of the comments made during the community forum.
These comments reflect the views of the participants in the forum; they do not necessarily represent the final conclusions of the Inquiry.
Speakers:
Tom O'Connor
Tom O'Connor spoke about his experiences of discrimination in the workplace. He described how the discrimination and harassment that he experienced affected his partner's career options as he was unable to support his partner when he wanted to study.
He describes how he was seconded to work in a remote area covering a large part of the state. His partner went with him. It was here that he experienced direct discrimination. He had previously worked in this regional office with no problems but he believes that this was because he was alone on the earlier occasions, whereas this time his partner was with him.
Tom comments on how people took offence when he and his partner were in the car together. His car was vandalised in a secure company car park. He was harassed in his office. A homophobic poster was put up in the office. He also says he was threatened with guns.
Tom describes that despite his good work record the complaints being made to his Head Office started to impact on him. The situation became untenable. His partner and himself both feared for their personal safety. The company agreed to return Tom and his partner to the capital city.
Tom made a complaint to Workcover who found in his favour. A settlement was achieved through the Queensland Anti-Discrimination Commission. However the homophobia remained and eventually Tom was sacked.
Tom describes how he has had to change careers and how this has impacted on his and his partner's financial situation.
Tom states:
"All I have ever asked for has been an independent enquiry into the circumstances leading to my dismissal. This forum, today, is the nearest I have come to telling my story to a concerned agency. At last, I can speak here, while on many other important fronts I feel that I have been silenced. It leaves me wondering about whether it is wise for a homosexual person to come out at all in the workplace."
"Perhaps most shocking, and what this enquiry may assist to change, is the invisibility of that deep entrenchment of homophobia in the workplace. It's like an invisible worm, eating away at the entrails of good and loyal workers."
Peter and Hans
Peter and Hans met in 1996 in Europe and eventually moved to Australia.
They describe how at that time it was a criminal offence for two men to have a sexual relationship. Offenders could be taken to court, imprisoned for years, have details of their sordid behaviour reported in the papers, and be fired from their jobs. They speak about the use of electric shock therapy to 'cure' gay men of being gay.
They continue that in their forty years together they have experienced all the usual forms of harassment from their fellow citizens that gays still endure. They say that despite this, they have led interesting and enjoyable lives, 'weaving between enemy lines'. However, it might have been even better if they had the support that heterosexuals get from friends, relations and the government.
They describe how even today they do not tell people that they are gay.
They wrote to the Attorney General during the ACT attempt to introduce civil unions. They stated in their letter that the proposed laws were not about sex. They were about the State valuing, protecting and fostering the most worthwhile, if not the only worthwhile attribute humans have - the ability to love another person; to share unselfishly with them; to place the other before oneself; and to care deeply for them until death.
Peter and Hans describe the impact on them of not having their relationship recognised as follows.
It is a problem when it comes to inheritance, as their wills can be disputed successfully by family members. To avoid this they own everything as joint tenants - the house, car, bank accounts, investments ... everything. They have also completed Advanced Health Directives, and Enduring Powers of Attorney, in which they expressly deny the right of anyone except their partner, to make decisions for them in the event of accident or death. They hope they have covered all bases, but they are not sure.
They consider fundamentalist religion to be the main source of discrimination against same-sex attracted people. They state that fundamentalists 'think there's something not natural about same-sex-orientation and that it can be caught like a disease. They consider their religion to be the source of all morality. They think love and sexual activity are the exclusive right of married heterosexual couples. They reckon their religion is the one true path to salvation; and probably they'd like to return to the 1950's.'
However they also believe that ' Christians and other believers are thoroughly decent people who want the best for everybody and are prepared to modify their beliefs when evidence proves them wrong.'
They conclude, 'Removing legal disadvantage to same-sex-oriented people is simple; just remove all discriminatory passages from existing laws. We do not want special new laws that refer only to us! That's merely more discrimination and understandably considered by some to be "special treatment.'
Current Bills in Federal Parliament
A number of people spoke about the current bills in federal parliament that are designed to remove financial discrimination against same-sex couples. They said that they hope that the courage of these politicians holds out.
One person stated that these politicians should be encouraged to keep pressing their cases. This needs to be done through writing letters to them supporting what they are doing.
Experiences of Discrimination
A number of people spoke about the discrimination that they have experienced within the community. A couple stated that they never go out together as they are worried about being identified as gay. They said that nobody should be defined by their sexuality and that people should be defined by the way they behave, i.e. their honesty.
One person stated that homophobia appears to be on the rise and that we need to state publicly that this is not okay. They argued that current legislation indicates that it is okay to treat gay and lesbian people differently.
Another person equated the discrimination being experienced by gay and lesbian people as being similar to the experiences of Aboriginal people.
A number of people described how you have to have money to access alternate options and to find ways around discriminatory laws. Most people have no idea that they are going to be discriminated against whereas things happen automatically for people in heterosexual relationships.
One person stated that gay and lesbian people should not be ashamed of who they are. They need to keep up the fight against discrimination. They need to keep the pressure on the government and to keep talking about their experiences.
Foreign Investment Review Board
Two people spoke about their difficult experiences with the Foreign Investment Review Board. They said that their experiences would have been different if they had been in an opposite-sex relationship.
Private sector
A number of people commented on their experiences in the private sector. They commented that the private sector is more likely to provide equal treatment to same-sex couples. They believe that private institutions seem to be leading the way in this area.
Relationship Recognition
Several people raised the issue of civil union and marriage. One person asked why the government saw any difference between his same-sex relationship of 40 years and that of any childless opposite-sex couple.
One couple described their experiences in the United Kingdom. They spoke about their civil partnership ceremony. They explained that during their time in the UK, they enjoyed access to adoption, parental responsibility, life insurance benefits, bereavement benefits and to be recognised as each other's next of kin.
Religious Attitudes
People also spoke about their feelings when confronted with negative attitudes from religious groups and institutions. Many people asked why religious bodies are allowed to discriminate.
Social Security
One person raised the issue of being unable to claim the dependent spouse rebate for their same-sex partner. Another person said that while same-sex couples may benefit in some ways from social security, such as being able to claim two single payments, this does not outweigh the negative effects of not having their relationship recognised.
People stated that they would hate to see some of the benefits going before the disadvantages are addressed. That there needs to be careful about timing to changing the legislation.
Superannuation
People described their different experiences with superannuation under private and Commonwealth schemes.
A number of people raised concerns with the veto powers of the superannuation trustee. It was stated that this is their money that they have been paying and they should have the power to decide who can access it.
Wills
One person described how they own everything jointly as they know that their wills can be contested by their families.
Another person described her experience when her partner's family contested her partner's will. They took all her partner's possessions and superannuation. She described how she had to sell all her own possessions in order to support herself as she was unable to work.
Workplace Agreements and Entitlements
A number of people spoke of their experiences in the workplace.
One person spoke of a person that she knew who had been sacked from her job because her same-sex partner stayed with her when travelling for work. Opposite-sex partners were allowed to do this.
Another person spoke of her experiences as a nurse. She stated that she experienced discrimination in the workplace. She also stated that the EB6 (the bargaining agreement for nurses) does not provide protection against discrimination on sexual orientation.
One person spoke of access to parental leave and how this is given begrudgingly to same-sex couples.
Another person argued for legislation on discrimination on the grounds of sexuality or sexual orientation, similar to the Sexual Discrimination Act. This would remove the potential for discrimination in the workplace.
Veteran's Affairs
One person spoke about being ineligible for allowances for partners from the army even though his partner is on a disability pension from the army.