Michael Kirby and homosexual rights
Michael Kirby was a High Court judge in Australia from 1996 until his retirement on 2 February 2009. He has since established a personal website.
He made his homosexuality public by acknowledging his long-term partner (from 1969) Johan van Vloten in the 1999 edition of 'Who's Who'. [Mentioned on the glbtq encyclopedia entry for Kirby.] The section 'Speeches, articles, incidents' provides links to speeches and media reports.
Michael Kirby has also spoken out against Christians who oppose the promotion of homosexuality on the basis that the Bible says it is sin. He has claimed that the science is settled and that homosexuality is genetic.
As a practising homosexual, he has made a number of speeches promoting the homosexual cause. A list of speeches/articles, from the 1970s to the present, is on his website - click here. His website contains a more up-to-date and detailed list.
In 2000, we printed an article titled ' Justice Michael Kirby and Homosexual Rights', documenting several occasions when he had spoken out against Christians.
Over the intervening years Justice Kirby has continued to make public statements about the acceptance of homosexuality - both in Australia and overseas.
Since his retirement, Kirby has begun to speak even more publicly about homosexuality.
Speeches and statements
The following statements and speeches document Michael Kirby's statements about homosexuality.
March 2010 - Michael Kirby speaks at symposium on 'AIDS and Religion'
Michael Kirby has spoken at a symposium of 'AIDS and Religion' in The Netherlands - it was organised by UNAIDS, the United Nations body that monitors AIDS around the world.
He criticised the fact that Catholics and Orthodox Christians oppose the acceptance of homosexuality - and again praised Kinsey for his 'research'.
Details of the symposium: click here for report on UNAIDS website.
Edited extract of Michael Kirby's speech: Lives can be saved when you preach love, SMH, 23/3/2010.
March 2010 - Kirby calls for the state to apologise to homosexuals
In an essay in a book called 'Future Justice', Michael Kirby has called for the state to apologise to homosexuals saying "One day there will be a big parliamentary apology . . . to gay people for the oppression that was forced on them and the inequalities that were maintained in the law well beyond their use-by date. Just like the delayed 2008 apology to the Aboriginal people of our country."
He has also called on churches to apologise for their 'non-acceptance' of homosexuality.
Media Report: We should apologise to gays, says former Justice Michael Kirby, Daily Telegraph, 18/3/2010.
December 2009 - Chapter in book on religion and human rights
Michael Kirby contributed a chapter to a book titled "RELIGION AND ETHICS IN A GLOBALIZING WORLD: CONFLICT, DIALOGUE AND TRANSFORMATION" that was edited by Joseph Camilleri.
The Chapter title is "THE PEOPLE OF THE BOOK - RECONCILING RELIGIOUS FUNDAMENTALS WITH UNIVERSAL HUMAN RIGHTS".
In the book he is again critical of Christians who don't accept homosexuality.
However, he goes on to give a good, detailed assessment of the important case of Lina Joy, a woman in Malaysia who converted from Islam to Christianity. Read the chapter by clicking here.
December 2009 - Michael Kirby speaks at the Parliament of the World's Religions
In his speech at the PWR, Michael Kirby spoke about the views of religions, especially Christianity, about homosexuality.
Link to PWR bio.
View the entire speech by Michael Kirby - titled Apostasy and Homosexuality.
Posted online at The Monthly in two parts - click here.
Kirby urges re-reading of Bible on gays
The Age, December 8, 2009.
"FORMER High Court judge Michael Kirby has told the Parliament of the World's Religions how an Anglican priest last year told him he must abandon his gay partner of 40 years, live alone and renounce the devil. . . Mr Kirby spoke of the cruelty of being considered an ''abomination'' for being gay as a young man but said he now felt comfortable as an Anglican and gay.
He urged religious people to read biblical texts in the context in which they were written, saying his 35 years as a judge had taught him the importance of analysing words. . . "
He also drew a comparison between adultery and homosexuality by referring to the Leviticus chapters - saying that since Christians no longer had the death penalty for adultery then they should accept homosexuality. However, he missed the point that adultery is still seen as sinful by the Bible just as homosexuality is - and that the death penalty for both was removed by Jesus' ministry.
May 2009 - Michael Kirby promotes Kinsey
In May 2009 Michael Kirby gave a speech at Indiana University, the university attended by Alfred Kinsey, and praised Kinsey's work on sex and sexuality.
Dr Judith Reisman has documented and analysed the research done by Kinsey, in particular his use of prison inmates and pedophiles in his research, as well as experiments done on children. Kinsey also proposed a 'scale' from 0 to 6 for heterosexual to homosexual.
Kinsey's research was published in 1948.
Michael Kirby is on the Board of the Kinsey Institute.
* Click here for media report.
* Bill Muehlenberg wrote an article about his speech - click here.
* The actual speech: click here.
May 2009
RMIT University has named former High Court judge, Michael Kirby, and community activist and m.a.d.woman founder, Melina Schamroth, joint winners of RMIT Communicator of the Year 2009.
2007/2008
In 2007 he was quite vocal in calling for rights for homosexuals and continuing to criticise church doctrine.
In November/December 2007 he gave two interviews to Sunday Profile on the ABC. He said that the 'discomfort' about homosexuality comes from religious instruction - in particular that of the two Sydney Archbishops. A series of letters written by a Sydney Anglican minister challenging Justice Kirby about his homosexuality when he says he is an Anglican were printed in the paper in April 2008.
He followed that by speaking at a 'Conversation', at an aged care forum and to the media in 2008, calling for rights for homosexuals including aged care and pensions (he is due to retire in 2009 and wants his male partner to received his pension if Kirby dies first).
These recent events are itemised in the article 'Justice Michael Kirby and Homosexuality' - printed in Salt Shakers journal, June 2008. Links to the individual incidents/transcripts/articles are in the article.
Michael Kirby's Speeches and activities:
A selection of speeches and articles from 1993 to 2001 is posted on the Law Foundation website - click here.
The full collection is now posted on his personal website.
2008
30 April 2008 - Government announces 100 laws to be changed
The federal Rudd government announced that they would change up to 100 laws to give rights to same-sex couples. This includes pensions and superannuation, as called for by Justice Kirby.
Law reforms for gay couples
The Age, 30/4/2008.
28 April 2008 - Aged care forum
Justice Kirby spoke at an aged care forum organised by the homosexual lobby. He called for pensions for same-sex couples' and for church aged care centres to be 'gay-friendly'.
Media articles:
Judge against anti-gay message
News.com, 29/4/2008.
Older gays and lesbians suffer discrimination
AM, ABC, 29/4/2008.
Click here for ABC story version.
10 April 2008 - Media article
Admit your sins to the Lord, priest tells gay judge,
Sydney Morning Herald, Linda Morris, Religious Affairs Writer - April 10, 2008.
Article about letters between Rev Richard Lane and Justice Kirby with Rev Lane challenging Justice Kirby - letters available at same link - under photos.
8 April 2008 - Interview - 'Conversation with Justice Kirby'
Conversation between David Marr and Justice Kirby.
St James Institute, Sydney.
Click here for full Transcript. (43 pages)
16 January 2008 - Appointed Patron of Freedom 2 B[e]
Justice Kirby was appointed Patron of this group, which is run by Anthony Venn Brown as a support group for pentecostals who think they are homosexual.
Freedom 2 B[e], Board Members and Patrons - announcement.
2007
5 December 2007 - Response to call on pensions from Govt.
Kirby's call answered on judges' same-sex pension
The Australian, December 05, 2007.
2 December 2007 - Interview Part 2
Bold Enough: Justice Michael Kirby
Sunday Profile, ABC. 2 Dec 2007.
November 2007 - Interview - Part 1
Sunday Profile: dissenter or activist
In November 2007 he did a long 2-part interview with the ABC's Sunday Profile.
He spoke about his time on the High Court, judicial activism, Islam, multiculturalism and sexuality.
He said "Australia is uniquely well placed as a multicultural society and a multi-religious society to find bridges between faiths".
He went on to say "I'm a little bit suspicious of the word tolerance. It's a rather condescending notion, isn't it, that you tolerate somebody else. Acceptance is the notion that you just accept that people are different and have different views and we've all got to live together."
He then applied the same concept to his homosexuality, referring to "Coming over the bridge from tolerance to acceptance".
Justice Kirby called himself a "Christian Anglican", referring to his upbringing and saying he liked the traditions of the church. He also criticised the "religious instruction" of the two Sydney Archbishops, Peter Jensen and George Pell as causing people not to be tolerant of homosexuality.
Media report: Bishops hinder gay tolerance, says Michael Kirby
The Australian , November 26, 2007.
16 November 2007 - Speech
FUNDAMENTAL HUMAN RIGHTS AND RELIGIOUS APOSTASY
by the Hon Justice Michael Kirby AC CMG
The Griffith Lecture 2007, Queensland Conservatorium, Griffith University , Friday, 16 November, 2007
In this speech he spoke about the Lina Joycase involving religious freedom in Malaysia - and commended the supportive critique given on the case by a Christian, Dr Thio Li-ann, an Associate Professor at the National University of Singapore. Then he noted her opposition to homosexuality and contended that homosexual rights and equality were essential.
10 October 2007 - Speech:
CONSENSUS AND DISSENT IN AUSTRALIA
The Hon Justice Michael Kirby AC CMG
10th Annual Hawke Lecture , 10 October 2007.
July 2007 - Call for superannuation and pension rights
Kirby asks for law to recognise his partner
ABC, 12 July 2007.
2006
In 2006, Michael Kirby said he supported the campaign for 'same-sex' marriage in Australia. However he also said that he himslef was not interested in 'marrying' his 'partner'.
Kirby in support of gay marriage
The Australian, 24/10/2006.
2002
March 2002 - Senator Heffernan and Justice Kirby
Senator Heffernan referred to Justice Kirby in the Senate on 12 March 2002.
* Senator Heffernan's speech, given under the 'Governor-General's Speech' debate, can be found in the Senate Hansard. (Click link, then choose Hansard in html; then use Search; type in judge and Kirby).
* For the Prime Minister's response in Questions on Notice, click the same link; type in Heffernan and 13-3-2002. It is the first document).
* For Justice Kirby's response to Senator Heffernan's accusations, click here.
Apology from Senator Heffernan: The Comcar docket mentioned in Senator Heffernan's speech was then found to be false.
* Senator Heffernan apologised to Justice Kirby in the Senate on 19-3-2002AD. For his speech, follow Senate Hansard link above - use Search; type in: Heffernan and regret, 19-3-2002).
* To read Justice Kirby's response, click here.
January 2002 - Campaigning in India
Justice Kirby visited India in January 2002 to campaign for rights for homosexuals.
* India Times article
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