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RESOURCES
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Fact sheets with more detail on individual issues:
Discrimination needs to stop
The Lobby fights discrimination against lesbians and gay men.
If you would like to help or make a donation to our work, please contact us.
You dont have to be experienced to get involved. You just have to want to make a difference.
FACT SHEET: Lesbians and gay men are not equal |
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Discrimination:
Lesbians and gay men are not equal
Important advances have been made in gay and lesbian rights in the last
20 years including the decriminalisation of male homosexuality; the introduction
of antidiscrimination legislation and the recognition of relationships
in NSW.
However, discrimination against lesbians and gay men is alive and well
in NSW and throughout Australia. Governments do not regard us as equal
citizens - continuing to deny us formal legal equality in areas such as
relationships and age of consent. Perhaps following their lead, individuals
and other institutions also frequently discriminate. Harassment and violence
are common experiences. Some of the more important examples of unequal
treatment are outlined below.
Lesbians and gay men are victims of violence
Research done by the Lobby and the NSW Police Service has shown a high incidence of violence and verbal harassment against gay men and lesbians. Gay men are four times more likely to be assaulted than other men; lesbians are six times as likely as other women. Fear of discrimination or concerns about confidentiality can also make it less likely that lesbians and gay men will report violence to the Police.
Discrimination at work is widespread
Research done by the Lobby with the Australian Centre for Lesbian and
Gay Research revealed that workplace discrimination and harassment is
an all too common experience. Discrimination at work takes a variety of
forms. This varies from dismissal to more subtle forms of ostracism and
exclusion. Frequently it has serious effects on health, work performance
and career opportunities. Harassment and violence also occurs in and around
the workplace. Research into violence against lesbians has revealed that
perpetrators are often work colleagues rather than strangers.
Lesbians and gay men who are dismissed or otherwise discriminated against
at work are able to take legal action in many cases. However, exemptions
in the Anti-Discrimination Act and failure to cover couple-based discrimination
can limit this remedy. It can also be difficult to prove that dismissal
or failure to get a job or promotion were due to discrimination if the
employer has not been silly enough to say so.
We dont get the same deal from our super schemes
Federal superannuation laws do not recognise same sex partners as dependants.
The most important effect of this unequal treatment is that when a lesbian
or gay man dies, his or her partner if often denied access to death benefits.
This can leave him or her extremely impoverished. A heterosexual in the
same position would receive benefits.
An increasing proportion of wages is paid as superannuation. Denial of
equal access to super and other employment benefits means that gay and
lesbian workers are, in effect, subsidising the wages of their straight
colleagues.
Our relationships are not always recognised
Same sex couples now enjoy many of the same rights as heterosexual couples in NSW. However, we are still not recognised in all areas of the law.
There is insufficient protection against discrimination
Discrimination on the basis of homosexuality has been prohibited in NSW under the Anti-Discrimination Act since 1982. However, the effectiveness of the legislation is undermined by a number of factors. Exemptions make it lawful for private schools to sack gay and lesbian teachers, for example. Couple-based discrimination is not specifically covered leading to denial of employment and other benefits.
Coverage in the media
Coverage of gay men and lesbians and our issues in the media is very uneven in Australia and elsewhere. Most frequently we are not included at all. When we are mentioned it tends to be in breathless and sensational reports of our sexual exploits or wealth or lobbying power. It is still common to read about the powerful gay lobby despite continued discrimination and legal inequality. We are still vilified at times for example by suggestions that we are a threat to public health or are not fit parents. However, lesbian and gay characters are becoming more common and at least Mardi Gras has ensured we are noticed in February.
The age of consent is different for gay men
The age of consent for heterosexual sex and sex between women in NSW is 16. However, a young gay man is not considered capable of consent until he reaches 18. This means that an 18-year-old man who has sex with a 17-year-old man can be charged with a criminal offence and go to prison for up to 10 years. Unlike his heterosexual friends and siblings, he can be convicted even if he made a genuine (and reasonable) mistake about the age of his partner. Perhaps the most profound effect of this is on the self-esteem of our young people.
Discrimination affects lesbian and gay youth
The most striking and tragic fact about gay and lesbian youth is their
high rate of suicide and attempted suicide. Research, mostly done in the
US, indicates 25% to 40% of young lesbians and gays have attempted suicide,
with up to 85% feeling suicidal. Despite the high profile of the issue
of youth suicide in Australia, there has been little official interest
in young gays and lesbians. However, a 1996 Western Australian study of
young gay men confirmed the extent of the problem - finding over half
had attempted suicide.
Lesbian and gay youth are also known to have high rates of homelessness
generally related to lack of family acceptance. This is compounded
by the fact that they are often subject to discrimination within services
and excluded from accommodation. Harassment and violence at school is
another all too common problem.