Parliament should do its democratic duty and make a decision on same-sex marriage, former High Court judge Michael Kirby told graduating students at the University of Wollongong on Wednesday.
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Speaking after receiving an honorary doctorate in law, Mr Kirby spoke bluntly on marriage equality – one of several human rights issues his speech covered.
Following the ceremony Mr Kirby received a rock star-like reception, cheered upon leaving University Hall, then surrounded by people wanting to meet him.
With the Senate soon expected to vote down a Bill enabling a plebiscite on marriage laws, Mr Kirby, who is openly gay and outspoken on the issue, called on parliament to do its job under the Constitution and make a decision on marriage laws.
“What should happen [next] is what should happen under our constitution: parliament should do it,” he told the Mercury.
“That is what’s needed – not this extraordinary, extra-constitutional, outside-parliament action, but in parliament, with the members of parliament, who we elected and pay to be there, to decide for themselves.
“If they decide no, people in Australia know the system. They then say ‘alright, we’ll try again in two years time and see what happens’. But to do nothing is shocking.
“We live in a representative democracy, not a popular democracy. Important issues are decided by parliament. That’s how it’s been the whole of our federation and that’s how it should continue to be. Get on with it.”
Mr Kirby urged graduating students to follow their dreams – it was these aspirations that would make the world a better place.
“Certainly at a graduation, on a graduation day, if you don’t have a dream, you need to have an aspirin and a lie down and get a dream,” he said.
“All the greatest scientific developments have been because people had dreams and were curious … it is something in our DNA to be curious.
“You’ve got to roll your sleeves up, get involved, offer pro bono services if you have expertise, voluntarily, and try to make the world a better place.”
He told students his university-age dreams, of equal rights for women, for indigenous people, for same-sex couples, had been witness to immense change over the decades.
Then, flashing a sense of humour rarely in evidence on the High Court bench, Mr Kirby finished his speech with the song Happy Talk from the musical South Pacific – its chorus, of course: “You’ve got to have a dream/ If you don’t have a dream/ How you gonna have a dream come true?”
