Tag Archives: Marriage Equality

Two decades of answers

TWENTY YEARS AGO today, not long after six o’clock in the evening, my partner Jonathan Rosten needed to take a seat during a rehearsal at a Sydney dance studio, complaining of a racing heart.

Very shortly afterwards, he collapsed. First-aid could not revive him, nor could paramedics. By the time I got to his side they’d been attempting CPR for almost thirty minutes.

He was bundled into an ambulance that rushed him away into a busy city evening at the end of a stunning autumn day, yet by the time I arrived at the hospital, he was lost to us all at the age of just 44.

Considering the fallout after one gay man’s untimely death, I’m compelled to look at what has changed since that last day of autumn in 2004.

Interrogation of a Nation

“What did they do to you?” Madeline asked me, sitting on the back deck of the house my husband Richard and I shared in Queensland.

That was the winter of 2013. By then, I was living a completely different life in a new relationship, a new state and a new profession.

I’d long tried to articulate the experience of being disenfranchised from my relationship with Jono by the very people who should have cared the most – his blood relatives – but had usually given up when people failed to understand why anyone would do such a thing.

Madeline didn’t demand an answer, she just listened.

The passage of time had ignited something in me, because hours later I still couldn’t let things go in my mind. Revisiting the worst period of my life was still a shock, and over the following weeks and months I started to piece together the awful truth.

Writing had always been my strongest suit, and for almost a year I recorded not just my experience of loss, but also the mutual gains that Jono and I had manifested in our relationship.

My memoir, Questionable Deeds: Making a stand for equal love (High Country Books, 2015 and 2021) was the long-form answer to Madeline’s question. It was an interrogation of a nation that was not acting in the best interests of same-sex attracted people, in fact it was making our lives worse; and it threw up just as many questions as it answered.

Piece of Paper

Marriage equality seemed so far off in 2004 that even significant sections of the LGBTIQA+ community didn’t get behind it. A Newspoll taken the month after Jono’s death showed support languishing at just 38 percent against 44pc opposed. The 18pc of undecideds were, ironically, deciding the status quo.

In my shock and grief that winter, it was a depressing show from my country. Even so, I became a marriage equality advocate overnight when I realised what a critical cultural statement it would make for same sex-attracted relationships to be upheld by law, whether we were married or not.

RELATIONSHIP RIGHTS: Michael Burge and Jonathan Rosten

But for years I was forced to listen to those who reckoned de-facto relationship rights were enough, that the New South Wales legislative change in 1999 was all the cultural statement required. But my experience – five years after those laws included same-sex couples – showed that anyone, from disgruntled family members, funeral directors and public servants could easily rearrange the pieces of my late partner’s life to make it appear as though he’d never been in a relationship with me, stamping all over my rights in the process.

Same-sex equality campaigning eventually became a hallmark of my new relationship, and Richard and I marched the streets, knocked on doors, collared politicians and signed petitions because we understood that this country needed marriage equality at the earliest opportunity.

It was eye-opening to hear from those who wanted to uphold ‘the good old days’ when same-sex partners hid in plain sight for all kinds of reasons. Many feminists understandably upheld their anti-marriage stance, although this was a pro-equality issue.

Australians love a numbers game, and the public-vote approach forced on the country became about much more than marriage, it was about LGBTIQA+ dignity.

Across those years, it was painful to witness similar situations to mine still happening while the nation prevaricated under conservative leadership; but since December 2017, when Australia’s Marriage Act was finally altered to include same-sex couples, I haven’t heard of another case.

That’s not to say that blood relatives won’t try. I’ve heard of a few attempts to push a same-sex surviving spouse out of their senior next-of-kin status, but the “piece of paper from the city hall” that Joni Mitchell sang about not needing has held the line again anti-queer prejudice.

Ripple Effect

In a 2022 survey by YouthSense, 1367 Australian Gen Zs aged 15-24 were canvassed about their sexual orientation, and 32 per cent responded that they identified as LGBTIQA+. 

YouthSense attributed this confidence in our queer youth in part to a ripple effect, after the majority of the Australian community got behind marriage equality.

This gives me a sense of pride, but I sometimes wonder what Jono would have thought of the person I’ve become. We often chatted about gay rights. Being a decade older, he reached his adulthood before homosexuality was legalised in NSW in 1984, and survived the frightening early years of the AIDS epidemic, but he usually took a lighter approach than I did.

After his death, I recognised his attitude in many queer campaigners who’d endured so much upheaval by the year 2000 that the idea of fighting on for marriage equality fatigued them. Jono turned forty in that year and was looking forward to a bit of peace and time to pursue his love of choreography, which is, ironically, what he was doing right up to his death.

Our case was heard by the Human Rights Commission in 2006. I spoke in front of the gathering and the media with a very wobbly voice that morning, due to lingering grief and shock, anxious because I was presenting my grief as a case study of the unnecessary extra angst that LGBTIQA+ were being put through when our loved ones died.

Subsequently, the commission produced its Same Sex, Same Entitlements report, which led to almost 100 pieces of discriminatory financial laws changing in 2010, another step in the long journey to alter the Marriage Act in 2017.

I’d made a stand, something I had never done before on such a scale and may never do again, and that was certainly worth writing about.

Creative Allies

Questionable Deeds still serves an important purpose for me. It’s re-traumatising to rake over the coals when someone asks about my experience. Being able to point them to a book means I can get on with my life while the reader’s awareness is raised through words on a page.

I’ve written since I was a teenager, although by the time I realised I was gay and entered a long period of closeting, it felt impossible to express myself in that way due to the fear of my secret being discovered.

By the late 1990s, all that changed, and I tentatively started writing more than scripts and marketing materials in my day jobs. The day that Jono died I was sitting at my computer working on a full-length play. In the fallout, it was a full year before I was able to find the peace and security to get back to work on it, but when I did, I noticed more significant changes.

No longer was I prepared to leave LGBTIQA+ at the sidelines of my subject matter. Long before the cultural shifts of marriage equality, I embarked on a journey to bringing cultural change to literature.

But literature took even longer to budge than legislation. In a skittish cultural landscape, my queer-themed play never found a producer, and Questionable Deeds did not land a book deal, although after I published it it was selected for the first LGBTIQA+ panel at the Brisbane Writers Festival in 2016 and became an Amazon bestseller.

It took many years to land my first book deal for my debut novel Tank Water (2021, MidnightSun Publishing). Because it deals with rural homophobia, I’ve been invited to literary events across the country to contribute to conversations around crime, justice and the change in LGBTIQA+ lives outside of cities.

After decades of being granted relatively easy access to jobs in rural-based media in the UK and Australia, by virtue of being born and raised in the bush, I was gobsmacked when, in 2021, the new Guardian Australia Rural Network approached me as a rural-based journalist to write and edit. The first subject matter they wanted me to generate coverage of was rural gay-hate crime.

Now, at long last, this thing called a writing career no longer feels like a solo journey, and with plenty of new projects in the pipeline I’m collaborating with more people than ever.

One of the most special aspects of my relationship with Jono was our discovery in one another of an ally for our creative endeavours. We had hours of discussion and planning for our projects, and I loved seeing the glow of inspiration rise in him.

I carry a bit of it still, because I know how such reciprocal validation feeds equality within a marriage. Perhaps that’s the ultimate lesson in marriage equality for everyone, not just LGBTIQA+.

Questionable Deeds: Making a stand for equal love is available from The Bookshop, Darlinghurst (Sydney); Hares & Hyenas (Melbourne); Shelf Lovers (Brisbane). and High Country Books.

A country welcome for same-sex couples

THE northern NSW town of Tenterfield is opening its heart to four same-sex couples for an affordable and unique pop-up wedding event in September.

‘One of many rural electorates that voted in favour of altering the Australian Marriage Act to allow equal access to same-sex couples.’

To celebrate the arrival of marriage equality in Australia, a group of local businesspeople has created a fun, intimate wedding experience in this colourful corner of the New England country region.

Say I Do in Tenterfield is an initiative of Amanda Rudge, Sharon Julius, Desley Roos, Kim Thompson and Wendy Roots.

According to the group, the pop-up wedding concept was inspired by locals noticing a trend, but also a major shift in national politics.

“In the past 12 months our town has become a very popular wedding destination for city and coastal brides and grooms seeking to have their wedding in a beautiful, relaxed country town,” the group said in a statement.

BOY’S BIOG The definitive biography of Peter Allen.

“As 2017 rolled to a close, Australia voted yes for marriage equality! The group of experts behind Say I Do in Tenterfield wanted to celebrate, so we’ve teamed up with the 2018 Peter Allen Festival to launch something special.”

Immortalised as the birthplace of Grammy-nominated and Oscar-winning singer-songwriter Peter Allen in his single ‘Tenterfield Saddler’, the town is an LGBTIQ-friendly destination.

Tenterfield is situated in one of many rural electorates that voted in favour of altering the Australian Marriage Act to allow equal access to same-sex couples, and local LGBTIQ have been taking their vows ever since.

Constituents in this region didn’t have much leadership on the issue. Held by the National Party at federal level by the staunchly anti-marriage equality Barnaby Joyce MP, assisted by the similarly opposed Senator John ‘Wacka’ Williams, the wider community rallied during the marriage equality survey to show how out of touch its Canberra representatives are on LGBTIQ equality.

Michael Burge and Richard Moon outside the Tenterfield Saddlery.

I should know, because it was here that I finally got to marry my long-term partner,  silversmith Richard Moon. We tied the knot in the New England in May this year, after more than a decade of pushing for a change in the law.

I was born at nearby Inverell, and after living and working throughout the world in the four decades since I left, it was a touching experience to be able to marry in the place which has become my homeland once again.

Richard was born at nearby Toowoomba, so these two country boys have been able to come home and get married in the border country where we hale from.

And since moving to the region from southeast Queensland in 2017, we have found the New England community very LGBTIQ-friendly. We know of two lesbian weddings in the New England region this year, in fact Richard created the wedding rings for one couple.

Better than Eloping

According to the Say I Do in Tenterfield team, their pop-up wedding event will be “better than eloping”.

“If you’ve always wanted to get married but you don’t want to deal with all the fuss and fluff, let us take care of it and create an intimate wedding for you to enjoy!”

The group underlined that the Say I Do in Tenterfield consortium has all bases covered for stress-free and affordable nuptials, without putting couples through a media circus.

“From published photographers and first-class stylists, to a world-renowned wedding cake creator, let us take care of the lot for under $10,000!”

COLOURFUL COUNTRY Tenterfield is known for its seasonal beauty. (Photo: Tenterfield Tourism)

The Say I Do team includes Amanda Rudge, co-owner and manager of Tenterfield’s Our Place Wine and Espresso Bar; Sharon Julies and Desley Roos, business partners of Inspired By You wedding style and hire; Kim Thompson, owner of The Bungalow and Ivy Leaf Chapel and Tenterfield Topiary Hire, and Wendy Roots, owner of Tenterfield Weddings.

“We look forward to holding more themed pop-up weddings and renewals in the very near future,” the group said in a statement.

“Our aim is to include as many local and regional businesses, services and products as we can.

“Come and experience first-hand what other brides and grooms have already experienced and loved! Taste, smell, see and feel our exceptional regionally-produced products, services and our soulful town.

“Tenterfield has so much history: beautiful old buildings, picturesque landscapes and is central for wedding guests to meet.”

According to the Say I Do in Tenterfield team, the cost of a wedding in the country is considerably less than city prices, and much more stress-free.

“Couples can’t believe the value you get for your money, and how relaxed and easy it is to deal with our local businesses and services, with nothing too hard to put together,” they said.

“You can make your wedding rings in one day with Richard Moon; have a private Yogalates session for you and your family and friends; get gourmet picnic packs sent out with you as you explore our magical national parks, and there’s many more little secrets to come!”

If you’re interested in being one of the four couples at this pop-up wedding email idotenterfield@outlook.com.au or go to the Say I Do in Tenterfield Facebook page.

From this day backwards: the long journey to Australia’s first lesbian marriage

WHEN Australian same-sex couples were finally granted equal access to the Marriage Act in December 2017, the widespread expression of relief was tempered by a growing awareness of a legal minefield.

“Here we were on the other side of the world not being able to have clarified which of our relationships was valid.”

Brisbane couple Elaine Crump and Sharon Dane let the emotions in, but the status of their long-term relationship remained in limbo. Like many same-sex couples seeking legal documentation during the interminable wait for Australia to pass marriage equality, Elaine and Sharon had already taken their chances in countries where equality was accessible.

The pair first solemnised their relationship with a civil partnership at the British Consulate in Brisbane during 2006 in fact they were the first lesbian couple to do so in this country — but neither could have predicted that was merely the start of an arduous legal journey.

“It gave us some credibility among our family and peers,” Elaine, a tradesperson, remembers.

“We were no longer just a couple living together but had some form of formal recognition, albeit in another country; and both our families are British.

“There was a level of excitement about it, as it was something we were finally sharing together that others were able to take for granted.”

IN THE SPOTLIGHT Sharon Dane and Elaine Crump.

Sharon, a psychology researcher, agrees: “There was no other way back then of us formalising our relationship”.

“The only thing we had to show we were a couple prior to that was a ‘stamp duty free’ declaration form from the Department of Transport.

“As we were British citizens, we felt that at least we were being legally recognised in a country that was part of our identity,” she adds.

According to Sharon, just before the couple were civilly-partnered, staff at the consulate required them to officially acknowledge that they understood the ceremony was not a marriage.

“That was hard to swallow,” she says.

“We were well aware of that, but to have it emphasised on our special day was upsetting.”

The ‘Best Wedding’

The ceremony attracted significant media attention during the Beaconsfield Mine collapse in Tasmania. Elaine and Sharon recall the sudden scrutiny brought on by the media’s need for alternate content during the lengthy wait before the trapped miners were brought to the surface.

“We allowed the media into that occasion and there was a sense of politics about it which somewhat detracted from the very personal nature of what we were doing,” Elaine says.

“For this reason, I drew the line in not allowing the media at our reception.”

Sharon believes the spotlight came as a result of being one of the first same-sex couples to enter into a UK civil partnership in Australia.

“Interestingly, we weren’t allowed many people to attend the ceremony at the consulate, only immediate family and our witnesses,” she says.

“So there wasn’t that sense of celebration you would normally experience at a wedding.

“Instead, the media filled the room taking photographs.

“While this took away from some of the personal nature of it, it also gave it some sense of celebration, with it being acknowledged as something historic and special.”

According to Elaine, the bulk of the ceremony was at home with close friends and family: “I do remember my mum saying it was the best wedding she had ever been to.”

Time Capsule

By 2008, overseas civil partnerships between same-sex couples were still not recognised in Queensland. That process would not begin until 2011 or be settled into law until 2016.

Elaine and Sharon’s relationship recognition had therefore reached an impasse, but they saw an opportunity in another country.

“Part of it was opportunism, as Sharon had to go to Rhode Island for a conference and I decided to go with her for a holiday,” Elaine recalls.

“We decided we would use the opportunity to drive up to Canada to marry, as it was another step in our journey.

“Marriage felt far more normalising. It would allow us to say we are married couple now, not civilly-partnered.

“We could come home and say that at least somewhere in the world we are a married couple.”

Sharon remembers her critical concern was about she or Elaine dying before they had the opportunity to marry or have a civil partnership recognised at home.

“If that happened, you couldn’t turn back the clock,” she says.

“There would be no way of the surviving partner showing we were ever married. 

“I felt it was like putting it in a time capsule, ready to pull out once the laws had changed.

“It was also because people got it when you said you were married, they didn’t get it when you said you were civilly-partnered.”

Marriage Activists

SPEAKING OUT Dr Sharon Dane speaking at a PFLAG Brisbane event in 2014.

By the time of Elaine and Sharon’s 2008 marriage in Toronto, Canada, the couple had become involved in marriage equality activism, although both remember how entering into their second relationship certification was not in any way political.

“We were doing it for us,” Sharon says.

“However, letting the media tell our story was politically motivated, as we wanted to get the message out there that we were a normal couple that just wanted to be treated like everyone else.”

Elaine agrees: “From a political perspective it was great that our ceremonies helped highlight the issues in the press.”

Sharon’s role as a psychology researcher working on the relationships and wellbeing of LGBTIQ Australians was extended into her activism, which strengthened her views on why having the choice to marry was so important.

“As the research strongly indicated, it was simply about being respected and included in society,” she says.

“The desire to marry was a personal one, but to have the choice was critical in terms of feeling treated as an equal.”

Spare Bunk

Elaine and Sharon met through the Brisbane entity of the social group Older Wiser Lesbians (OWLS).

“I was away in Darwin on a work trip and when I came back Sharon was a new member and we became friends,” Elaine says.

“Eventually, and when I was no longer in a relationship, we found a mutual attraction to each other.”

Sharon recalls the pivotal weekend the relationship began: “A group of us women went camping at a lake. Elaine had a small sailing boat which you could sleep in. Everyone was deciding what tent they were going to sleep in and Elaine said ‘I’ve got a spare bunk in my boat’.

“Well I quickly put my hand up for that offer, and just as well, as it was in that boat where we expressed a mutual attraction,” she adds.

“That was almost 17 years ago. We no longer have that boat but a picture of her hangs proudly in our house as a reminder.”

It’s Complicated

After their 2008 Canadian marriage, Sharon and Elaine continued to campaign for marriage equality in Australia, including staunch opposition to the Turnbull Government’s planned plebiscite on the human rights issue throughout 2016.

According to Sharon, their interest in laws regarding civil unions and same-sex marriages across the world made the couple aware that it wouldn’t be possible to have two formal relationships — even if to each other — recognised in the same country.

“As the UK later changed its laws in 2014 to recognise overseas same-sex marriages, we started to wonder which of our two relationships — the civil partnership or the Canadian marriage — it would recognise,” she recalls.

“To complicate matters further, Canada changed its laws in 2014 to recognise an overseas civil partnership as equivalent to a marriage, with a Canadian lawyer advising us that our civil partnership would be viewed as the true marriage because it happened in 2006, two years prior to our 2008 Canadian marriage.”

The couple quickly realised they were in the same position as countless other same-sex partners in Australia: in need of legal and/or consular advice about the status of their relationships. 

“We first contacted the Foreign and Commonwealth Office of the UK government,” Sharon says.

“They told us that it was complicated because we didn’t live in England and therefore they weren’t sure which of our relationships was valid.

“This meant we were not allowed to have our civil partnership converted to a marriage in case the Canadian marriage had rendered the civil partnership void in the UK.”

The couple corresponded with the United Kingdom Government for over three years while remaining in what they describe as “legal limbo”.

“Finally, they agreed that if we could seek the expert opinion of specialists in English family law, they would consider our case,” Sharon recalls.

“This was a costly exercise that we feel we should not have had to go through.

“We felt we had no choice but to pay for the services of a London lawyer specialising in same-sex marriage law.”

Sharon did an internet search for “Family Law, England, LGBT”.

“Luckily we found A City Law Firm, a wonderfully supportive and knowledgeable legal firm in London,” she remembers.

“They, with counsel on the matter from a barrister, made it clear to the UK government that it was our Canadian marriage that was void under English law, not our civil partnership.”

Reality Check

“The reality set in: Were we really legally married?”

In late 2017, the Turnbull Government conducted a compulsory postal survey to gauge public sentiment on allowing same-sex couples equal access to the Marriage Act.

Sharon was present in the House of Representatives at Parliament House, Canberra, when marriage equality was voted on and passed on December 7 that year.

“I remember calling Elaine right after and us crying over the phone, and that we were ecstatic this had happened,” she says. 

“I think the passing of the law at that time was when I experienced the huge emotional outpouring.

“But then within a week of that, the reality set in: Were we really legally married?

“That put a real damper on things.”

According to Sharon, words can’t adequately describe the frustration and powerlessness that she and Elaine went through while they waited on a response from the UK Foreign and Commonwealth Office.

“Here we were on the other side of the world not being able to have clarified which of our relationships was valid,” she says.

“This meant we couldn’t confirm if we were already married, nor could we get married in Australia in case the Canadian marriage was deemed valid.

“I couldn’t help but feel bitter, as if we had the right to marry in Australia in the first place we would not have had to have gone through this unnecessary stress and expense, which was of no fault of ours but as a consequence of same-sex marriage laws changing around the world.”

When the news finally came through from the UK government in February, 2018, that the couple could convert their civil partnership to a marriage, Sharon and Elaine recall being overwhelmed with joy and relief, particularly because the certification was back-dated to take into account the total number of years of their marriage.

“This was the relationship we entered into first, 12 years ago, and the one that involved all our friends and family in Australia,” Sharon says.

“It was the one with a wedding album, flowers, a cake and our loved ones.”

Sense of Peace

AT LAST Elaine Crump and Sharon Dane with their marriage certificate after converting their UK civil partnership to a marriage, at the British Consulate in Brisbane, February 2018.

This year, Elaine and Sharon returned to the British Consulate in Brisbane to have their 2006 civil partnership converted to a marriage that was automatically recognised in Australia.

The certification was likely to have recorded theirs as the first lesbian marriage in this country.

For Elaine, the overriding feeling was relief: “It’s been such a battle for so long,” she says.

“We finally know it’s legally binding and recognised in the place we call home.

“When we go out now and introduce each other as ‘this is my wife’, I don’t get that feeling that people think ‘oh yeah that’s nice, but they are not really married’.

“After all these years of exclusion, I’m able to say ‘yes I’m part of this, I am legally married, you are my wife’.”

Sharon recalls the conversion as an experience of happiness on two fronts, the “huge relief” of ending a drawn out legal battle, and that having the marriage recognised in Australia gave the couple “closure and a sense of peace”.

“All the boxes are now ticked,” she says.

“There is no more fighting on an Australia level, no more fighting on a British level, or any other level.

“We are now like any other couple who can say ‘okay we are married’ and that’s the end of it.”

© Michael Burge, all rights reserved.

Photos/Video: Alison Pike and Stephen Pike.