Is there a conservative case for gay adoption?

The ACT Government’s Civil Partnerships Bill, which lets two persons of either sex form a legal relationship, has again been vetoed by the federal government. According to Attorney-General Philip Ruddock the government’s

first objection was that “it involves a formal ceremony”.

“What it’s doing is equating (gay partnerships) with marriage,” he said yesterday….

He said marriage was a “cultural institution” that provided a basis on which children might be conceived and brought up and provided with proper support.

We are so used to the idea of heterosexual marriage and parenting that the idea of gay marriage and parenting is counter-intuitive. But if you think the issue through from any secular set of assumptions, including conservative concerns with the family, the logic leads inexorably to supporting gay marriage.

As children are already growing up in gay households – with 4% of gay men and 16% of lesbians according to the Private Lives survey – prohibiting gay marriage (or civil partnerships) is not providing ‘proper support’ to those kids, it is lessening the chance that they will receive proper support from two adults by making it easier for one partner to walk out on his or her parenting responsibilities.

Objecting to a ceremony – which the legislation doesn’t require anyway, just one witness – is similarly counter-productive. The guests at a ceremony are there to help the couple celebrate the happy day, but also as witnesses to the commitment they are making and an added source of social pressure to keep to their vows.

Though the conservative case for gay marriage is strongest when children are involved, politically there is no denying that children are the most contentious part of this issue. A Roy Morgan Poll released today found that though only 33% of Australians think homosexuality is ‘immoral’, 57% oppose homosexual couples being able to adopt children. Surveys last year indicated that opposition to the ACT civil union legislation was under 40%. There is a sizeable group of people who support gay partnerships but do not support gay adoption. This is a common pattern overseas; for example the Eurobarometer found that on average around Europe 44% support gay marriage, but 32% support gay adoption.
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David Jones vs Clive Hamilton

Upmarket department store David Jones is taking the Australia Institute to court, accusing it of misleading or deceptive conduct for describing DJ’s advertising of children’s clothes as ‘corporate paedophilia’. According to the Australia Institute, the department store’s catalogue posed child models in sexually provocative ways, something David Jones denies strongly. Whatever the merits – or lack thereof – of David Jones’ claim there is some irony to be enjoyed here. In his 2005 book Affluenza Australia Institute Executive Director Clive Hamilton includes a ‘Political Manifesto for Well-being’ that declares:

‘advertising codes of conduct should be legislated so that irresponsible and deceptive marketing is outlawed’.

An adverse finding for Hamilton will see him punished by legislation he thinks should be strengthened and enforced much more vigorously. Be careful what you wish for…

Irony enjoyment aside, I think this is a regrettable action by David Jones. The best course of action here was a debate over the value of the Australia Institute’s claims, which indeed occurred last year. Clearly the Australia Institute was engaged in hyperbole (otherwise the DJ’s advertising people would be behind bars), but there were divided views over whether their advertising in question went too far or not. But if people didn’t like the advertising, nobody is forcing them to shop at DJ’s.

Given his persistent opposition to freedom of commercial speech it’s going to be hard for Hamilton to credibly play the free speech martyr. But perhaps this will be lesson to him in the virtues of not regulating speech via the courts. There are widely differing views about what constitutes acceptable speech, and this diversity has been dealt with via a mix of social norms as to what it is and is not acceptable to say and show, and helping people avoid what they don’t want to see or hear via ratings systems or self-help. Generally, censorship has been limited to extreme cases where there is little disagreement or clear harm flows from publication (though with exceptions such as vilification laws). If you think DJ’s catalogues are offensive, just put them straight into the bin (or the recycling bin, as Clive would insist). The alternatives – censorship or heavy-handed legal action – are worse than the original problem.

In defence of political donations

With this week’s disclosure of political donations by the Australian Electoral Commission, the usual critics were having their say. As he did last year, Stephen Mayne used Crikey to attack what he sees as an inherently grubby process – people giving money to political parties, including (shock, horror) foreigners, something that seems to particularly upset political funding moralisers not otherwise known for their nationalistic views.

In The Age another regular, Melbourne University law lecturer Joo-Cheong Tham complained that:

Money allows some to speak much louder than others. For example, businesses and wealthy individuals are able to secure influence over parliamentarians through the purchase of political access. In the last financial year, both Tabcorp and Tattersall’s gave $10,000 to Progressive Business, presumably for membership of the organisation. Membership of this fund-raising arm of the Victorian ALP would have entitled them to attend closed-door ministerial briefings by Premier Steve Bracks and Treasurer John Brumby. Such secret meetings give rise, at the very least, to an apprehension of undue influence and corruption.

As with other leftist critiques of the political process, Joo-Cheong Tham’s work (you can see his perspective in more detail at the ANU Democratic Audit project) fails to see the bigger picture of the political process. These issues arise mainly because because of politicised processes – in the case of Tabcorb and Tattersall’s because gambling is heavily regulated, and Tabcorp and Tattersall’s rely on government patronage to keep competitors out. If anyone could set up a gambling outfit there would be no need to listen to tedious speeches at Progressive Business functions or to give them any money. There probably wouldn’t be any funding to disclose.
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The climate change McCarthyists

Never in the history of think-tanks has a research proposal received so much publicity. Starting, so far as I can tell, in The Guardian, it spread through the world, including the front page of this morning’s Sydney Morning Herald. The problem (according to The Guardian):

Scientists and economists have been offered $10,000 each by a lobby group funded by one of the world’s largest oil companies to undermine a major climate change report due to be published today.
Letters sent by the American Enterprise Institute (AEI), an ExxonMobil-funded thinktank with close links to the Bush administration, offered the payments for articles that emphasise the shortcomings of a report from the UN’s Intergovernmental Panel on Climate Change (IPCC).

Travel expenses and additional payments were also offered.

Professor Q, who has joined the chorus of criticism, has also tracked down a copy of the original letter (pdf) the AEI sent to prospective authors.

It really is hard to see what the fuss is about. There is a political consensus that something needs to be done about climate change, not because we are necessarily 100% certain about the science, but because policymakers cannot do nothing in the face of potentially catastrophic risks. Few decisions are made with perfect information. But I cannot see that there is anything to be lost from continuing to hear from the sceptics, and that the sponsoring body once took some money from Exxon or has staff that once worked for Bush tells us little that is useful.

Like most of the right-wing think-tanks the AEI does not do hired gun research and does not get itself in the position of leftist NGOs of having a dominant funder that can influence their public statements. It only gets 17% of its annual funding from corporations, suggesting that the capacity of any one company to have an influence would be very limited even in theory, and probably near zero in practice.

As I have said in many posts, arguments stand or fall on their merits, and the claim that (as the AEI letter asserts) the IPCC process has biases or that the AEI has taken Exxon money alerts us to potential issues with each, but does not spare us the effort of actually listening to what they have to say. The AEI was not offering $10,000 for quick spin. It was offering $10,000 for 7,500- 10,000 words by December 2007. It’s hardly a huge sum for a long paper from an expert.

The charge of McCarthyism is terribly over-used, but launching such a prominent and widespread attack on research that hasn’t even been written is resonant of Senator McCarthy’s attacks on those he suspected – sometimes correctly, often not – of being communists.

Minchin on big government conservatism

I had been worried that the ‘big government conservatism’ critique of the Howard government may actually please its Ministers, helping to fend off attacks from the left and claim the much fought over middle-of-the road voters. And that seems to be the case. In his quasi-rebuttal of CIS criticism in this morning’s Australian, Finance Minister Nick Minchin says:

IN politics, fighting battles on two fronts is an unavoidable obligation for parties aspiring to hold the middle ground. ….
Such criticisms delineated a bizarre dichotomy between the Government’s critics on the Right, deriding us for creating a nanny state, and the more predictable Labor attacks that the Government was heartless and meanspirited.

Rudd says the Government spends too little on education, while the CIS bemoans that real per-capita education spending has grown faster under the Coalition than Labor. Rudd attempts to portray the Government as attacking working families, while the CIS has the Government showering these same families with undeserved largesse.

Ah yes, and the Coalition is in the sensible centre. But Minchin is still sensitive to the claim that his is a big-spending government. Though conceding that

It is true that spending on health, education and social security has risen under the Howard Government. It is true that in real terms the Howard Government spends more in these areas than Labor did.

He goes on:
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