Former High Court Justice Michael Kirby has called for Australians to have more awareness about older members of the LGBTIQ community noting that many people may not recognise the gay and lesbian people around them.

- Advertisement -

“People who are LGBTIQ have gone through their lives doing a deal with society, and that deal was that they would pretend to be straight so that they didn’t upset the majority, and that so that they didn’t suffer from the criminal and other laws that were against them.” Kirby said during an appearance on ABC Radio National’s Drive program.

Kirby said that while the laws had been changed many older LGBTIQ people remained wary about sharing their sexuality, and those who care for them and interact with them may not be aware of their sexuality.

Speaking to host Patricia Karvelas, Kirby said that the recent postal plebisite on marriage had unleashed a range of hurtful comments being made and the process has highlighted to LGBTIQ people that there are a large amount of people in Australia who do not recognise the legitimacy of their relationships.

“Thirty eight per cent of the people voted against it, people say ‘Oh what a wonderful result that was,’ but I don’t think it was all that wonderful. It was good that it came to the right conclusion, but the process was a very flawed process.

“It was a form of elder abuse, and certainly of LGBT abuse.” Kirby said.

Kirby said he was concerned about the panel headed by former Howard government minister Phillip Ruddock which is looking into the issue of religious freedom in Australia, and the potential move to wind back anti-discrimination laws.

Highlighting that the Gillard government had introduced legislation to ensure that aged care facilities receiving federal government funding could not discriminate against LGBTI people, Kirby said it was of great concern that these laws could be wound back. Justice Kirby said more focus needed to be given to societal attitudes.

“You can have a law that says one thing but then there is the issue of social happance [sic] and attitudes of staff and of families, and all of this requires education in the community and also familiarity of just how are we in the gay minority.”

In Western Australia community group GRAI: Gay and Lesbian Rights in Ageing, have been at the forefront of addressing how older gay and lesbian people are treated, especially those entering aged care facilities.

In an submission to a government inquiry on elder abuse in 2016 the group highlighted that while social stigma associated with LGBTI status has dramatically reduced –alongside greater legal protections – unfortunately many examples of systemic, direct and indirect discrimination still remained.

In the USA a landmark case is currently being heard in Chicago. Seventy year-old lesbian Marsha Wetzel moved an aged persons community after her partner of 30 years died in 2013.

Wetzel has taken the facility to court arguing that their staff did nothing to residents from hurling homophobic slurs at her, spitting on her and even striking her because of her sexual orientation.

OIP Staff