Michael Kirby: “Johan and I”
Written by Nate Micó | 20 June 2010
http://sxnews.gaynewsnetwork.com.au/feature/johan-and-i-007411.html
For over four decades, their relationship has been off-limits to the media. Now, for the first time, Michael Kirby and his partner Johan van Vloten have allowed cameras to capture an intimate portrait in a revealing new documentary. The former High Court Judge speaks with Nate Mico.
“Wasn’t he a good looker when he was younger?” says Michael Kirby.
More of a statement than a question, the “he” the former Justice of the High Court is talking about is his life-partner of 41 years, Johan van Vloten.
“Everyone loves Johan,” Michael tells SX. “Everybody that meets Johan loves him. All the Justices of the High Court liked him. I can’t necessarily say they thought the same way about me.”
Until now, Johan has been silent partner in the relationship as far as the media is concerned, in an effort to protect their private lives.
For much of the couple’s time together Johan has watched quietly from the sidelines as Michael often sat squarely in the media spotlight – for better or worse.
For better: Michael served as the inaugural chairman of the Australian Law Reform Commission in 1975 and was awarded the Australian Human Rights Medal in 2001. In 2005, Michael got the Lifetime Achievement Award at the Australian Law Awards. Just last week, Michael became the first Australian to win the Gruber Justice Prize for his work advancing human rights under law for victimised groups, and promoting the cause of international human rights in relation to privacy, data security, bioethics, and HIV/AIDS.
For worse: there was Senator Bill Heffernan’s false allegation that Michael misused Commonwealth cars to “trawl” for young male prostitutes; and the nickname ‘the great dissenter’ of the High Court that was picked up by the media, a tag that still sticks with the former judge to this day.
“Johan’s very sceptical of the media,” Michael says. “He’s very prudent and cautious of you lot. I’m sure you can understand.”
Indeed. So when Michael Kirby agreed to be part of the documentary filmed before, during and after his last days as judge of the High Court, there was no guarantee Johan would participate.
It began as an opportunity to explain the complexities of the life of a judge, particularly on the highest court, but it soon expanded to include a look into their long-term relationship.
“Johan generally had a rule that he wouldn’t [speak to the media] because he’s not a public figure and doesn’t believe he should be made one, but they [producer Sue Maslin and director Daryl Dellora] persuaded him that it was a sensible and serious program and he agreed.”
Johan migrated to Australia in 1963 and is quietly spoken with a soft Dutch accent when introduced in the film. His memory of the first time he met his future partner at one of Sydney’s three gay bars is remarkably detailed for a meeting that took place over forty years ago.
“[Michael] was dressed very odd, the combination of clothes,” Johan says in the film. “It was February and it was hot and he wore an orange jumper, [a] very heavy type, and yellow corduroy trousers. So then he heard my accent and the next question was, ‘What do you think of my accent?’ which confirmed my impression that after the clothes, this was a mad guy. My luck. But his voice was interesting.” Interesting enough for Johan to take up Michael’s invitation for a coffee. Four decades later, the men remain inseparable.
“We were never particularly hidden in the sense that we’ve lived in the same place in Rose Bay for thirty years,” Michael acknowledges, “but we did keep it quiet”.
“One has to ask, if it were widely known about my sexuality, whether I would have been appointed to the High Court,” Michael says. “Everyone who was watching knew about us.” Michael’s involvement in the activities surrounding the HIV/AIDS epidemic on a national and international level was a “sort of a code language for my sexuality,” he adds.
It was only eleven years ago, at the age of 61, when their closely-guarded private life became public knowledge. Michael famously outed himself in Who’s Who, changing his details to include reference to his long-term relationship with Johan. But it was media-shy Johan that instigated the first conversation about acknowledging their relationship to the public, driven by a growing sense of responsibility towards the next generation of questioning youth to be true to themselves.
“We owe it to the younger generation to be open, honest and transparent,” Johan says in the film. “If we now state who we are and what we are, it makes it easier for the people who are following us, and also it takes pressure off you.”
In one of the most poignant moments in the film, Donald Kirby, Michael’s 94-year-old father, leads the camera through a series of photo frames sitting on a hallway cabinet in search of a single picture. “There’s Johan,” he says. “They’re inseparable; absolutely. He couldn’t manage without Johan; I don’t think any of us could.”
Donald’s validation of Johan’s place in the Kirby family is the type of example both Johan and Michael hope to inspire in others through their actions.
“It’s normal, it’s easy, it just is,” Michael says. “It’s what happens in everyday life and that’s why people of hatred have to really have a check.
“How dare people say that we should not have our relationship and that the relationship has a tendency to evil? What sorts of people have that point of view? It is disgraceful. They need to go see a psychiatrist to get over their demons.”
At 72 years of age, Michael Kirby thinks he is yet to leave his greatest mark on the world. “The best is still to come. This is a very good vintage, but it’s been a bit immature and it’s going to come better and better.”
On his radar are the issues of climate change, adopting harm-minimisation as a strategy for dealing with drug dependents instead of punishment, and animal welfare. And of course, relationship recognition and gay marriage.
“It ought to be available in my view for those that want it and it will undoubtedly come – it’s just a question of when. We haven’t had to face that question of marriage. When I asked Johan theoretically if he would like to marry me he said it was far too early in our relationship to tell.”
Michael Kirby screens on Compass on ABC1 on 10.20pm, Sunday June 27.
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