Former High Court judge Michael Kirby, who turned 86 in March, recently expressed his deep concerns regarding the ongoing attacks on transgender rights in Australia. Kirby pointed to last month’s violent clash between supporters and opponents of transgender rights in Melbourne, Australia. He views this event as a bellwether for the ongoing and hard-fought societal battle for equality. Though Kirby is now 93, he still practices law on a regular basis. He has remained a tireless advocate against discrimination and fights for social reform.
As he looks back at his six-decade legal career, Kirby recognizes just how far we’ve come in the fight for equality. He is quick to point out that there’s a long way still to go. He points out that transgender people are on “the front line” of this fight, enduring intensifying violence and discrimination. Kirby’s commitment to fighting for LGBTIQ+ rights comes from his own personal experiences and observations over the course of his lifetime.
Kirby talked about his experiences with the intense stigma that gay people still experience today that affected Kirby’s youth and coming out. He explained, “The general attitude was that gay people were disgusting, like it states in the Bible. This sentiment helped to create an environment where any kind of societal change was unacceptable. He observed that rather strong resistance dissipated only with the election of Gough Whitlam as prime minister in 1972. This move was an important turning point within the political environment.
On a weekly basis, Kirby notes that newspapers frequently feature stories about LGBTIQ+ individuals who have been “entrapped by police and humiliated and denounced.” He underscored that there is still advocacy and reform needed to rectify these injustices.
Understanding his same-sex attraction from a young age on, this journey with his sexuality started for Kirby in elementary school. He did not publicly acknowledge being gay until 1999, when he agreed to include his long-term partner, Johan van Vloten, on a magazine list of ‘Who’s Who in Australia.’ Their loving partnership, which included many years of activism together, led them to be married on their 50th anniversary as a couple in 2019.
Kirby strongly opposed the postal vote on marriage equality in 2017. He said it had “devalued” the community but continues to hope for the victory of LGBTIQ+ rights in his region. He is convinced that any serious reform must address long-standing inequities in the criminal justice system. As an example, there is an impressive emphasis on women’s equality, Indigenous rights and LGBTIQ+ rights. He argues that we need to create a national bill of rights or human rights statute to protect these besieged communities.
Kirby spoke to the depressing mood surrounding the year’s extreme anti-transgender activity. Cesar said that this enmity is often hidden behind the veneer of argument about ensuring equal access to sports tournaments. At its heart, this issue is exactly the same as the plight of gay people in New South Wales prior to 1984. It’s based on a hatred of anybody who’s different.
His activism is rooted in the understanding that being LGBTIQ+ is a natural part of the diversity of being human. “Living in harmony with nature Being LGBTIQ+ is simply part of the variation of the human and other species,” he continued. Kirby’s outlook is based not just on his experiences as a child, but on his long adult career in law.
In looking back at his decades-long collaboration with van Vloten, Kirby spoke about the need for compromise in all relationships. That’s the most important lesson I’ve learned. As in any relationship, for a productive partnership one partner always has to be more flexible in the tussles and tempers. He admitted that in general, he is quick to welcome van Vloten’s views. This is indicative of the profound admiration and fondness they have for one another.
Michael Kirby’s advocacy goes beyond the personal. He seeks to change the system within which society operates. He challenged all of us to address the many ongoing injustices and inequalities that exist in our legal system. This is a very important first step and vital to establish a foundation for any meaningful reform. His commitment to social justice remains steadfast even as he continues to navigate the challenges facing marginalized communities.
