May 2, 2011

Marriage aside, what laws still discriminate against gays?

What other laws -- criminal and otherwise -- still discriminate specifically against non-heterosexual Australians? It's a long and complicated list, with a key problem being that several laws are state-based and there are strong differences amongst the states on what laws apply where and to whom.

Amber Jamieson — Freelance journalist in New York

Amber Jamieson

Freelance journalist in New York

Imagine that a gay man made a move on a friend, who was so offended by the sexual connotation that he killed the gay man in a fit of rage. Instead of being charged with murder, the charge was downgraded to manslaughter, since the unwanted homosexual advance apparently provoked the friend to murder.

This is no hypothetical, it’s a legal argument known as the homosexual advance defence and it was used in Queensland just last year. The case involved a man who was beaten to death by two acquaintances after he apparently made sexual advances to one of them. The homosexual advance defence also remains admissible in law in NSW.

Free Trial

Proudly annoying those in power since 2000.

Sign up for a FREE 21-day trial to keep reading and get the best of Crikey straight to your inbox

By starting a free trial, you agree to accept Crikey’s terms and conditions


Leave a comment

One thought on “Marriage aside, what laws still discriminate against gays?

  1. apb

    The lack of equality is disgusting but when we look back 20 or even 10 years ago it is fair to say that we have come a long way. Let’s hope we continue on the same trajectory and one day we won’t even need to have this discussion or defend the rights or someone just because they have a different sexual preference. Bring on that day!

Share this article with a friend

Just fill out the fields below and we'll send your friend a link to this article along with a message from you.

Your details

Your friend's details