Michael Kirby

Justice of the High Court of Australia

This year sees Justice Michael Kirby on the Same Same 25 list for a second time. As one of the seven Justices of the High Court of Australia, the highest judicial level in the country, Kirby’s influence is indisputable.

“I am glad to be on the list again,” says Kirby. “But my partner, Johan van Vloten, is the true hero. Imagine putting up with me for 40 years!”

Last year Kirby was the People’s Choice, voted by Same Same members as the most influential person on the list. “But as for being a role model,” says Kirby, “I'd trade fifty judges for one Olympic gold medallist like Matthew Mitcham.”

When it comes to his judgments, Kirby is considered liberal in his approach, displaying a great degree of compassion, humanity and thoughtfulness. He is also an outspoken, fiercely intelligent advocate for gay rights in Australia, and has been pushing for change and recognition since he came out publicly in 1999.

In July last year Kirby made headlines when he asked the Government to consider changing discriminatory legislation so his partner could access a part-pension payable for life, if Kirby was to pass away first. It was a call for equality that was rejected by the then Liberal Government. However today, under Prime Minister Kevin Rudd, we’ve finally seen the discrimination in this, and other Australian legislation, removed.

Kirby has faced his critics head on with a rare dignity and grace. In 2002, Liberal senator Bill Heffernan attempted to smear his reputation by using parliamentary privilege to accuse Kirby of trawling for rent boys using a government vehicle. Heffernan’s evidence was later proven to be a forgery, and when Heffernan eventually apologised for his false allegations, Kirby accepted it generously and wholeheartedly, saying, "I accept Senator Heffernan's apology and reach out my hand in a spirit of reconciliation. I hope my ordeal will show the wrongs that hate of homosexuals can lead to."

As a keynote speaker, Kirby’s regarded as one of the most inspiring. His charisma, perspective and positive outlook never fail to move. At the opening of the Gay Games in Sydney in 2002, he spoke in the most inspiring manner to a 30,000 strong crowd about Australia’s past, present and bright future. “The changes Australia has witnessed over thirty years would not have happened if it had not been for people of courage who rejected the ignorant denials about sexuality. Who taught that variations are a normal and universal aspect of the human species. That they are not going away. That they are no big deal. And that, between consenting adults, we all just have to get used to it and get on with life.”

He went on to say, “This is not just an Australian story. In every land a previously frightened and oppressed minority is awakening from a long sleep to assert its human dignity. We should honour those who looked into themselves and spoke the truth. Now they are legion. It is the truth that makes us free.”

By Christian Taylor