Premier Mark McGowan is being urged to bring in laws which would stop people being vilified on the basis of their sexuality.

- Advertisement -

Similar laws exist in NSW, Queensland, Tasmania and the ACT and gay rights activists have written to the Premier asking for him to consider bringing WA into line with the other states.

The request comes as a Glen Forrest family was forced to remove a marriage equality flag from their property after it was vandalised.

The flag, which hung on the gate of the family home was sprayed painted with the word ‘AIDS’ late last week.

The flag was fixed and replaced, triggering an outpouring of support from the local community, but the family decided to take it down after they received threats that it would be set on fire.

The family said they had decided to remove the flag because of the threat of fire was too dangerous in the bush-fire threatened community.

Veteran gay rights campaigner, Brian Greig, said Western Australia was one of only four states which did not have anti-vilification or incitement to hatred laws to protect LGBTI people.

“The existing hate speech laws in WA only cover race and religion, but LGBTI people remain vulnerable to abuse and vilification without legal recourse,” Greig said.

The call comes as the national postal survey on same-sex marriage looms, with homophobic leaflets and neo-Nazi posters starting to appear around the country.

In their letter to the Premier the group say their request is not an attempt to censor freedom of speech or to prevent robust debate on marriage equality, but to deter and ideally prevent the more vile, hateful and abusive of such materials.

Spokesperson for the Same-sex Parents’ Association, Maxine Drake, said that protections are needed to support a civil society.

“Hateful materials and public statements hurt all families, because children hear what is happening around them. They worry for their own families and those of their friends.  We know that there are anti-gay groups using this time to test the boundaries of what can be said in the public domain to demean an already vulnerable part of the community,” she said.

Drake said that same-sex couples with children are bracing to protect their families and shield their children from the offensive commentary that will endure through a long campaign.

“Even our children are asking why people are still talking about this,” she said.

Michele Davis, Vice President of Parents and Friends of Lesbians and Gays Perth (PFLAG), said opponents of same-sex marriage should be perfectly able to run their arguments without resorting to hate-speech.

“Recent anti-gay leaflets and posters around the country have associated homosexuality with paedophilia and bestiality, and likened the children of gay couples to “the stolen generation.”

“A brochure designed for national distribution accuses gay parents of inflicting poor social outcomes on their children, including: “sexually transmitted disease”, “drug abuse”, and “suicidal thoughts. While yet another claims more women are raped in public toilets where gay marriage is legal.

“This is not free speech, this is hate speech. We need state-based laws to prosecute and fine those who vilify LGBTI people, not just during campaigns, but at all times,” Davis said.

Ms Davis said she was particularly concerned for young LGBTI people, especially those still at school and who had not yet come out.

“There are young people who are homeless simply because they are gay and hate speech contributes to the hostility these young people experience. Almost one-third of all youth suicides are related to sexuality and gender issues.

“The national postal survey is giving anti-gay groups the biggest megaphone they have ever had, and I fear for the welfare of LGBTI kids and rainbow families as they endure this onslaught for three long months,” Ms Davis said.
The advocates have written to Premier Mark McGowan, urging him to outlaw LGBTI hate-speech by bringing this form of vilification into line with existing WA hate speech laws for Race.

“Even if it’s too late for the plebiscite campaign, it’s still needed to set a benchmark for decency and to protect LGBTI people into the future,” Davis said.

The federal government’s postal survey on marriage is not covered by the usual provision in the Australian Electoral Act because the government as chosen the Australian Bureau of Statistics to run the nationwide survey.

The Advertising Standards Board has indicated that most advertisements run during the campaign will not be considered by the board because they are judged to be political in nature.

The federal government has indicated that it may consider bringing in additional legislation to protect people during the marriage campaign, but will not so so until the High Court challenge against the process has been determined.

In 2002, Greig was successful with a hate-speech complaint lodged with the Advertising Standards Board against the Australian Family Association.

The AFA, which was opposing gay law reform by the Gallop Labor Government, had placed adverts in The West Australian Newspaper and was found guilty of “breaching advertising industry ethics by vilifying homosexual people by its implication of an association between homosexuality and paedophilia.”

The ruling from the Board was not binding and the AFA refused to comply.

Greig said hate speech laws for LGBTI people were long overdue in WA, and without them gay people had no protections from vilification and no legal remedy to prevent and prosecute incitement to hatred.

“Just as we have permanent anti-hate speech laws in WA for Race, we need them for LGBTI status,” Greig said.

Do you need some support?

If you are struggling with anxiety or depression, support and counselling are available from:

Lifeline: 13 11 14

Beyondblue: and www.beyondblue.org.au

QLife: and www.qlife.org.au
QLife are a counselling and referral service for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people.

WA AIDS C0uncil has established a counselling service for people affected by the current marriage debate. The support is available online, face-to-face or by calling 1800 671 130. www.waaids.com