Equality in surrogacy
This call to action was issued by the TGLRG on 6.4.11
The Tasmanian Liberal Party has proposed an amendment to the Government's Surrogacy Bill which means surrogacy will be decriminalised for heterosexual married and de facto couples, and singles, but not for same-sex couples.
By directly targeting same-sex couples, this is a deeply prejudiced and insulting amendment.
The Government will oppose the amendment, as will the Greens, so it will not pass in the Lower House.
However, it still important to protest the amendment because a) it shows the Liberals have veered to the far right after a decade of tolerance on LGBTI issues and b) the amendment will be proposed in the Upper House.
Please write to all Liberals expressing your concern about this amendment. Also write to all Upper House members urging them not to support it.
Below there is a list of dot points you can include in your letter, as well as the email addresses for all State Liberals and all Upper House members.
Please pass this on to anyone you think may be interested. In the coming days I will be in touch again with details of further actions you can take on this issue.
~ Points you can make
I urge you not to support an amendment to the Surrogacy Bill 2011, proposed by the State Liberal Party, which will continue to criminalise surrogacy arrangements entered into by partners in same-sex relationships.
I urge you to oppose this proposed amendment for the following reasons:
a) The amendment criminalises same-sex couples involved in surrogacy arrangements while decriminalising and recognising the arrangements entered into by heterosexual married and de facto couples and singles.
b) This specifically targets same-sex partners, criminalising us when we do something that almost everyone else will be permitted to do.
c) This insult to same-sex couples is heightened by the strict pre-conditions the Liberal Party seeks to impose on surrogacy arrangements including a three year cohabitation requirement as prove of relationship stability and suitability to parent. The Liberals are effectively saying that under no conditions, however strict, can a gay or lesbian person make a good parent.
d) The people who will suffer from the proposed amendment are the children being raised by same-sex couples because their families are effectively being labelled 'second-rate'."
e) The amendment is completely out of step with the principle of non-discrimination in Tasmanian relationship and parenting law – a principle which a majority of the State Liberals have previously supported (see timeline below)."
f) In particular, the amendment is out of step with the fact that in Tasmanian law same-sex partners can be legally deemed to by co-parents of children born through fertility treatment like IVF, and can adopt children they are related to and/or already care for – again reforms which the majority of Liberals have supported.
g) In line with this principle of non-discrimination, treating same and opposite-sex couples equally in Tasmanian surrogacy law was a recommendation of the 2008 Legislative Council inquiry into surrogacy law reform.
h) Also in line with this principle, same-sex and opposite-sex couples are treated equally in a majority of states that recognise atruistic surrogacy arrangements including NSW, Victoria, Queensland and the ACT.
i) The Liberal Party has not properly consulted with those affected by its decision including same-sex partners who are raising, or seek to raise, children.
j) Instead, it would appear the Liberal Party has taken the advice of only one unrepresentative and non-affected group, the Australian Christian Lobby.
k) As shown by the time line below, this behaviour is not consistent with the Liberal Party’s previous position on similar issues.
The Tasmanian Liberals have previously had a conscience vote on matters related to same-sex relationships. Here is a timeline:
2003: a majority of Liberals supported the equal recognition of same-sex couples in all Tasmanian laws, including in known-child adoption.
2003: a majority supported the establishment of Australia's first civil partnership scheme.
2009: a majority of Liberals supported the legal recognition of co-mothers of children born through fertility treatments like IVF.
2010: a majority supported the legal acknowledgment of overseas same-sex marriages in Tasmanian law
~ State Liberal MPs
will.hodgman@parliament.tas.gov.au, vanessa.goodwin@parliament.tas.gov.au, jeremy.rockliff@parliament.tas.gov.au, peter.gutwein@parliament.tas.gov.au, matthew.groom@parliament.tas.gov.au, adam.brooks@parliament.tas.gov.au, rene.hidding@parliament.tas.gov.au, mark.shelton@parliament.tas.gov.au, elise.archer@parliament.tas.gov.au, jacquie.petrusma@parliament.tas.gov.au, michael.ferguson@parliament.tas.gov.au
~ Upper House members
ivan.dean@parliament.tas.gov.au, kerry.finch@parliament.tas.gov.au, ruth.forrest@parliament.tas.gov.au, michael.gaffney@parliament.tas.gov.au, greg.hall@parliament.tas.gov.au, paul.harriss@parliament.tas.gov.au, doug.parkinson@parliament.tas.gov.au, tania.rattraywagner@parliament.tas.gov.au, sue.smith@parliament.tas.gov.au, adriana.taylor@parliament.tas.gov.au, lin.thorp@parliament.tas.gov.au, jim.wilkinson@parliament.tas.gov.au, don.wing@parliament.tas.gov.au