One of Australia’s highest profile and influential out gay men is resigning from the High Court, but his replacement has all the promise of continuing to carry the GLBTI torch.

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Nearing his 70th birthday, upon which he would be forced to retire, Justice Michael Kirby has stepped down, but has made way for Justice Virginia Bell, one of the original 1978 Mardi Gras participants, or ’78ers.

Bell, who will be sworn in on February 3, has received wide support from the community following the announcement.

“Virginia was an incredibly articulate fighter for what we’d now just call basic human rights,” fellow ’78er Ken Davis told Sydney Star Observer.

As a young lawyer, Bell defended 53 ’78ers arrested on the night of the first Mardis Gras protest, then protested the charges and continued police harassment against “gays, women and blacks” under the Summary Offences Act. Commentators believe Bell will bring a strong sense of social justice to her new role.

“It is a great day for Australia that such a talented woman and judge is appointed to the High Court,” fellow ’78er Julie McCrossin said.
Kirby stepped down six weeks before his forced retirement after publicly pledging he would wait until the government amended Commonwealth superannuation laws so his long-term partner, Johan van Vloten, would be treated the same as a married heterosexual spouse.

He is impressively accomplished, having been awarded a Companion of the Order of Australia, a Laureate of the UNESCO Prize for Human Rights Education, the Prix Yves Pelicier of the International Academy of Law and Mental Health and named amongst Australia’s Ten Most Creative Minds and Top Ten Public Intellectuals.

Kirby, who topped last year’s Same Same publicly-voted list of 25 Most Influential Gay & Lesbian Australians, last year told Out in Perth advocacy was a natural part of the role of the judiciary, and that the fight was far from over.

“Further reforms are needed for transgender and intersex people,’ he said.

“To reform the law is one thing. To secure changes in social attitudes is another. To win changes in the attitudes of organised religion will be an even bigger challenge because of past interpretations of religious texts.”

This sentiment remains unchanged. While addressing a graduation ceremony at Griffith University recently, Kirby stressed human rights was an important area of advocacy for legal practitioners.

“We must be a voice for the voiceless, protectors of the weak and the vulnerable. With our privileges and gifts, go great duties and obligations,” he said.

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Click here to read OUTinPerth’s interview with Justice Kirby.