NSW: The pariah state - 22 March 2002

Gay and lesbian rights activists say the overnight passage of Western Australian legislation that gives its gay and lesbian citizens equal rights has left New South Wales lagging behind the rest of the country.

The Gay and Lesbian Rights Lobby (GLRL) congratulated its Western Australian counterpart, Gay and Lesbian Equality (GALE) on its success but expressed dismay at the recent performance of the Carr Government in NSW.

“The once proud record of NSW on human rights for gay men and lesbians is in tatters. NSW now has the most draconian age of consent laws in the country and is falling behind in almost every area of lesbian and gay rights. It is no longer the Premier State but the Last State”, said female GLRL Convenor Alex Sosnov.

In NSW, the general age of consent is 16 but special provisions apply to male-to-male sex which make it a crime for young gay men to have sex until the age of 18. Penalties are also harsher for gay men who can go to prison for several years for the consensual sex with other young men.

“Young gay men are made criminals purely on the basis of their sexuality. We know that this results in problems for young men in accessing vital health and welfare information. The impact on the self-esteem of young gays and lesbians is immeasurable and of great concern, given high rates of youth suicide. Mr Carr cannot turn his back on these young people any longer. I challenge him to come up with any credible reason why they should be penalised for their sexuality”, stated Male Convenor Anthony Schembri.

There are many other areas of legal inequality for lesbian and gay citizens living in NSW. Anti-discrimination legislation provides inadequate protection, same sex relationships are not recognised in some areas of law and same sex couples cannot adopt.

“The lesbian and gay community is sick of waiting for further action. Mr Carr’s credibility with it is on the line”, added Mr Schembri.

The Western Australian legislation includes the right to adopt and equalises the age of consent for gay men at 16.