
Darren Conlon asks:
The Australian definition of marriage is for Parliament to decide and a referendum is not required. The current thinking is that same-sex marriage is close to passing and becoming law if it were to be brought before Parliament.
However, the Australian press cannot seem to accept that the majority of Irish people who chose to record their opinion on same-sex marriage voted ‘Yes’. The latest argument is that because 40% of the population chose to not vote then claims of a resounding ‘Yes’ vote are invalid. Rather, 72% of the population did not vote ‘Yes’.
In keeping with this thinking, the inference is that same-sex marriage should be decided by a referendum in Australia because voting is mandatory and therefore a ‘Yes’ vote from a vocal minority would carry less weight. The risk of same-sex marriage resulting from politicians ´bending knee’ to a populist and vocal minority would be neutered.
Two problems with this thinking that I think remain unanswered:
1. This Utilitarian model is, as expected, flawed; because a portion of society will remain very unhappy if same-sex marriage does not pass. It clearly breaches 3 of the 4 the bioethical principles being justice, beneficence and non-maleficence. It also impinges on the 4th, autonomy.
2. The fact that voting is mandatory in Australia. In a true democracy members can choose to participate, or not participate. Forcing persons with no real opinion to make a choice by its very nature is undemocratic. Again a breach of autonomy.
Any thoughts?
Previously: How Low Can Australia Go?
(Image via Star Observer)