Fighting gay and lesbian discrimination
By Michael Schembri
Homosexuality has been decriminalised in all states except Tasmania. NSW has enjoyed an Anti-Discrimination Act since 1977, South Australia an Equal Opportunities Act since 1976, Queensland gay and lesbian activists hope sexuality will be included in the promised Anti-Discrimination Act, and federally, sexuality is covered by the 1986 Human Rights and Equal Opportunities Act.
But while these legislative gains are important, there is much they don't cover. The NSW act, for example, makes discrimination by employers illegal, except for churches. And it is doubtful the Catholic Church could be prosecuted under federal legislation for banning a gay and lesbian student group being set up on its Catholic University campus.
As long as the churches, the media and other forums vilify homosexuality, popular prejudices, hatred and discrimination will continue. To address this problem and reduce the incidence of bashings and murders, widespread public campaigns are necessary, including school education programs and control over institutional "homo- hatred".
Young gays and lesbians are particularly vulnerable, and in addition to other aspects of discrimination against youth, must also face the pressure of condemnation for their sexuality. This is why young gays and lesbians make up two-thirds of all young suicides and attempted suicides.
While the NSW education department has issued a homophobia kit to combat anti-homosexual attitudes in schools, education minister Virginia Chadwick has not obliged schools to use it. Most don't.
As the economic situation worsens, anti-gay and anti-lesbian discrimination tends to rise, partly due to the greater emphasis on so-called family values. In any case, gays and lesbians are prevented from adopting children. Nor are lesbians permitted access to public hospital donor insemination.
At the same time, public and community services are run down and/or privatised, which can badly affect women, gays and lesbians in particular if hospitals, for example, are taken over by religious organisations.
NSW legislation makes it illegal to discriminate in the work place, but gays and lesbians are denied equal spouse rights in relation to benefits and superannuation. Any excuse can be given for not being given promotion. And women, gays and lesbians still suffer harassment on the job despite the laws.
AIDS has exposed much of the inhumanity in the system. Most drugs are available only to those who can afford them. While AZT and DDI are available through Medicare, many other are not. Moreover, there is a limited availability of hospital beds, and it required months of lobbying by ACT UP and the AIDS Council of NSW just to get a few more beds in St Vincent's Hospital.
People living with AIDS face terrible discrimination and harassment at work, and are often denied medical, surgical and dental services. It remains to be seen whether new federal disability legislation will be effective in addressing these injustices.
Gay men have especially suffered an AIDS backlash, which has been the pretext for legal discrimination. Gay men are automatically denied life insurance as a high risk group, which is contrary to the companies' own code of ethics.
Gays and lesbians need to work towards radical changes in society to address these problems and must take on social struggle not directly related to our own specific issues. And the workers' movement will also need to embrace gay and lesbian issues. n