“Completely Unacceptable”: Former High Court Judge Michael Kirby Has Slammed The Plebiscite

Former High Court justice Michael Kirby has slammed the proposed postal plebiscite on marriage equality, and accused the Turnbull government of treating gay Australians such as himself “in a second-class way”.

The 78 year old, who has been with his partner for more than five decades, and has long been a vocal advocate for marriage equality, told ABC radio that the government’s plan – which involves getting the Australian Bureau of Statistics to conduct the non-compulsory mail poll so they don’t have to pass plebiscite-enabling legislation through parliament – was “completely unacceptable”.

“It really is a shocking thing to me we’re thinking of putting this into our law-making process in Australia,” he said.

Kirby also told the station that the idea of a postal plebiscite made him feel as though he was “not being respected”.

“It wasn’t done in the case of the advancement of the equal rights of Aboriginal people, it wasn’t done in the advancement of women’s legal right,” he said. “It’s just a complete political improvisation and it’s completely unacceptable and it should stop.”

In a separate interview with Fairfax, Kirby said he liked Malcolm Turnbull, but that the PM needed to think “what the pages of the history books of Australia will show about him.”

“A little bit of leadership on this issue – where he speaks from the heart and speaks in terms of ideas of equality and the dignity of all people – is what is required of him now.”

Kirby also said that he and his partner would boycott the postal vote, even if it meant waiting longer for marriage equality to be delivered.

Michael Kirby says he will take no part in the ABS optional poll on marriage equality.

— Josh Taylor (@joshgnosis) August 9, 2017

Meanwhile, independent MP Andrew Wilkie has joined with marriage equality activists in launching a High Court challenge against the plebiscite, on the grounds that the government is exceeding its authority under the constitution.

“It is truly frightening that the government thinks it is ok to exceed its powers like this and to bypass the parliament,” Wilkie told reporters in Canberra yesterday afternoon.

Kirby, for his part, told the ABC that it was “for the justices of the High Court” to weigh in on whether a postal plebiscite was legal.

—

Feature image via Wikimedia/Dominique A. Pineiro/Flickr.