Tasmania decriminalises homosexuality

May 7, 1997
Issue 

By Tony Iltis and Kath Gelber

HOBART — On May 1 Tasmanian legislative councillors voted almost unanimously to repeal that state's anti-gay laws, bringing Tasmania into line with the rest of Australia. The decision is a victory for a nine-year struggle for justice for Tasmanian gays and lesbians, which began with mass arrests of activists running gay law reform petition stalls at Hobart's Salamanca Markets in 1988.

During debate in the upper house, it became clear that the majority in favour of repeal was growing, as members began to admit, "We can't discriminate any more". At the final vote all legislative councillors except one — arch-conservative George Brookes — voted for the repeal bill.

Rodney Croome, an activist from the Tasmanian Lesbian and Gay Rights Group (TLGRG), told Green Left Weekly that the result was "unbelievable", not just because repeal had finally been won but because no amendments were attached. Tasmania now has the best criminal law in Australia regarding sexuality.

Defeated amendments included a different age of consent for homosexuals and prohibition of the promotion of homosexuality or homosexual acts. Such clauses currently exist in NSW and Western Australia.

Brookes has vowed to introduce legislation banning the promotion of homosexual lifestyles, but Croome was confident it would be defeated.

Croome said that the important thing was the process as much as the outcome. "In the process Tasmania has become a more tolerant place."

Since 1991, the Legislative Council had blocked law reform despite the House of Assembly having voted to repeal the laws. The lesbian and gay rights movement's success in mobilising community opposition to the laws encouraged calls for the undemocratic and out of touch upper house to be abolished.

Croome said that the TLGRG will now campaign for comprehensive anti-discrimination and anti-vilification laws and "against discrimination and homophobia in schools".

Comprehensive anti-discrimination legislation proposed by the ALP, including protection against discrimination on the basis of sexual orientation, now stands a good chance of passing the upper house.

Recent attempts by right-wing religious fundamentalist groups such as Tasalert and the Concerned Voters Association (CVA) to mobilise against the reform showed there is little community support for their attitudes. At their last rally in Hobart they were outnumbered by a spontaneous counter-rally.

The CVA will be bringing racist MP Pauline Hanson to Hobart for a May 9 public meeting at the Town Hall. "Absolutely everyone who is opposed to homophobia and racism should protest at all Pauline Hanson's meetings", Croome said.

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