The same sex marriage debate in Australia is deeply strange. On the one hand, advocates of 'traditional marriage' paint marriage equality as a radical departure from morality. On the other hand, those in support of same sex marriage argue that 'love has no boundaries'. Neither of these positions grapple with the rationale for the law's involvement in certifying relationships. Arguments on both sides of the debate could probably be satisfied by removing the certification of intimate unions from the law altogether. This need not interfere with religious or personal observances, otherwise known as 'marriage'. This is a radical solution outside the framework of the current debate. But it does highlight the inherent conservatism of both sides of the issue - where the legal institution of marriage has universal support. This can be seen in the arguments by both parties in the US Supreme Court decision of Obergefell v Hodges.
Accepting that the law's involvement in marriage will remain, this post seeks to unravel the different aspects of the marriage equality debate through the lens of liberalism. It has been the rather extraordinary process of the Federal coalition joint party meeting on 11 August that raises a lot of questions in my mind. In particular, I wonder about what this debate says about the law and political process, and what it says about liberty and the operation of government control over personal actions.
