Challenge to Tasmania's gay laws

By Marina Cameron

On February 26, the High Court announced a unanimous decision to allow a legal challenge to the Tasmanian government's anti-gay laws to be heard.

Gay activists Rodney Croome and Nick Toonen are challenging the inclusion of homosexual activity in the state's criminal code on the basis that this contravenes the Commonwealth Sexual Privacy Act. The Tasmanian government had argued that because the challengers were not being prosecuted, they had no basis to bring the case before the High Court. Croome was awarded costs of the action.

Toonen told the gay newspaper Capital Q, "We are just the figureheads of a very large movement in the state, across the country and at times around the world that has been working to have these laws overturned".

The case will be heard before the end of the year. Success in this case could lead to other state laws being challenged, including the higher age of consent laws for homosexuals in Western Australia.

A Senate motion put by Australian Greens Senator Bob Brown calling on the Tasmanian government to review its laws in the light of the High Court decision was passed on March 4, despite opposition from the Coalition.

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