Former High Court judge Michael Kirby believes Australia will legalise same-sex marriage soon, though it may be a bit late for him to take the plunge.
He also says that publicly declaring his homosexuality would once have been an impediment to his legal career.
And though he has long forgiven Liberal Senator Bill Heffernan for false accusations he once made against him, his long-term partner Johan van Vloten has not.
Asked if he would live to see gay marriage legalised in Australia, the 72-year-old jurist said: "Of course I will, of course I will. It's only around the corner.
"There will be a lot of huffing and puffing but that's what happens in a democratic country," he told AAP in an interview based on his new book, Michael Kirby, A Private Life.
"You listen to everybody's point of view.
"But you cannot justify a discrimination between people on the basis of sexual orientation.
"It is accepted in matters of pensions, in superannuation, in anti-discrimination law, so this (gay marriage) is just the next step, and it's a step that can't be too far off."
Mr Kirby, who retired from the bench two years ago as Australia's longest serving judge, writes about having proposed to his partner of four decades, but says marriage in his case is not a high priority.
"After 42 years it's getting a bit late in our engagement for us to suddenly take the plunge," he said.
"But it is an important thing for young people to have an affirmation, an occasion."
Australia was a long way behind many European countries on this issue, and many Catholic countries such as Spain, Portugal and Argentina.
"We've got to catch up with the last decade of the 20th century," he said.
"The Howard and Rudd governments even refused civil partnership.
"That is now not acceptable to people, that is second class citizenship.
"The time has come to give full equality to all people, straight and gay, who want to have a marriage or to have some other association, a de facto relationship." Referring to the "don't ask, don't tell" mentality that once prevailed in public life, he said he never told lies about his private life but refrained from telling the full story.
"That's what was expected of you," he said.
"Some people say that's shocking you should have told the full story.
"But if I had done that there's no way I would have been appointed to the successive positions at that time.
"People had prejudice. Some people still do."
Mr Kirby, in a "spirit of reconciliation", forgave Senator Bill Heffernan over untrue allegations he made under parliamentary privilege in 2002.
"But I can't say my partner has (forgiven)," he said.
"He doesn't go along with all this 'forgive us our trespasses'.
"He remembers the big shock and hurt to him at the time.
"This is where I have a difference with him.
"Senator Heffernan made a mistake, he apologised handsomely, he was punished by (then prime minister) John Howard, he was removed from the cabinet, he never again became a minister."
Senator Heffernan, whose claims that Mr Kirby had misused government cars to solicit for under-age male prostitutes were based on forged evidence, was also censured by the Senate.
Share

