Archive Article

Importance of Homosexual Vilification Legislation

Background

Provisions outlawing vilification on the basis of homosexuality were introduced into the Anti-Discrimination Act 1977 (‘the Act”) in 1993, following recommendations from a number of reports including the Anti-Discrimination Board’s report into HIV/AIDS Discrimination delivered to the Liberal Government in 1992. That report found that “violence against gay men has been encouraged by public vilification of gay men”, and called on the Government to enact homosexual vilification legislation.

It was seen as an important step in the elimination of homophobia and the prevention of violence against lesbians and gay men in NSW society.

The Role of Anti-Vilification Legislation
Anti-vilification legislation as adopted under the Anti-Discrimination Act aims to redress the high levels of violence and harassment against lesbians and gay men in NSW by outlawing public acts which “incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the homosexuality of the person or members of the group”.

The inclusion of homosexual vilification within the Act seeks to not only prevent harassment, intimidation and violence against lesbians and gay men, but also to educate the community about the occurrence of such acts. Since its inception, the provisions have presented a strong and important message that vilification against homosexuals will not be tolerated within NSW society.

The Continuing Need for Anti-Vilification Legislation
Critics of homosexual vilification legislation attempt to portray the operation of the legislation as a tool used by the “gay lobby” to restrict freedom of speech or “political correctness gone mad”. Their criticism is based upon the misguided belief that the legislation is only enacted to silence criticism of gays and lesbians within mainstream media. An examination of the nature of complaints made to the Anti-Discrimination Board regarding homosexual vilification shows that this is incorrect. The majority of incidences of homosexual vilification relate to either general public conduct or private disputes.
Homosexual vilification is not about restricting the rights of groups within society, it is about protecting certain groups who are the target of harassment and violence because of their sexuality.
Lesbians and gay men in NSW continue to be subject to high levels of violence and harassment.

In 2003 the NSW Attorney General’s Department released the report, ‘You Shouldn’t Have to Hide to Be Safe’, which was the first major study of homophobic violence and harassment in NSW in almost a decade. The results of the study revealed that:

• 56% of lesbians and gay men had experienced homophobic abuse or violence in the previous 12 months
• 85% of lesbians and gay men have experienced harassment or violence during their lifetime.

These statistics indicate that there is an ongoing need for homosexual vilification legislation in NSW. The protection that such legislation provides against vilification and other factors which cause homophobic violence needs to continue if society is to reduce crimes based on sexuality. The removal of such a legislative scheme would not only contradict the known facts about homophobic violence, but would send an incorrect and dangerous message that this is no longer a problem..

Let our politicians know just how important the Homosexual Vilification provisions are to lesbians and gay men in our state. Send an email to Attorney General, Bob Debus and Shadow Attorney-General, Andrew Tink.