Former Australian Christian Lobby leader and political candidate Lyle Shelton will return to the Queensland Civil and Administrative Tribunal after the Supreme Court rejected his application for a judicial review.
The case stems from a 2020 blog post in which Shelton described two drag performers as “dangerous role models for children” and made comments about their appearance. Performers Johnny Valkyrie and Dwayne Hill subsequently lodged a vilification complaint. Valkyrie performs as Queeny, while Hill performs as Diamond.
The tribunal initially found Shelton’s comments did not meet the threshold for vilification. However, an appeal set aside that decision, finding significant legal and factual errors. Shelton then applied to the Supreme Court for a judicial review, but the court dismissed the application, ruling the matter should proceed through the tribunal appeal process.
The LGBTI Legal Service, representing Valkyrie and Hill, welcomed the decision.
“Mr Shelton sought to challenge the tribunal’s decision in the Supreme Court. Justice Smith found that the decision under challenge was not final and that the matter should proceed through the established appeal process before any Supreme Court review,” the service said in a statement.
Senior solicitor Emma Bastable said the ruling returned the case to the appropriate forum.
“This is a clear and welcome outcome. It means our clients’ matter goes back to the tribunal without the delay and expense of parallel court proceedings. The Court’s findings on costs agreements are also significant. They confirm that people without financial means can access legal representation and have their case heard, which is why community legal centres exist.”
Shelton has argued the process is unfair, stating that the complainants are supported by a publicly funded legal service. He is represented by the Human Rights Law Alliance, a Christian legal organisation funded through donations and associated with the Australian Christian Lobby.
In a video posted to social media, Shelton said the case raised issues about freedom of speech in relation to criticism of drag performances involving children. He also alleged that such events are aimed at children, a claim contested by supporters of the events.
The comments relate to a children’s event held at a Brisbane City Council library in 2020. The event, organised with the community group Rainbow Families, included storytelling, music and craft activities for around 20 children.
The event attracted protest from university students chanting “Drag queens are not for kids”, drawing national media attention. The protest was led by Wilson Gavin, a Young Liberals member who had publicly opposed same-sex marriage. Gavin died the following day.
Shelton later published a blog post criticising the performers and the event.
Shelton, a former leader of the Australian Christian Lobby and a prominent figure in the campaign against marriage equality, has since run for parliament for several parties. He is currently the national spokesperson for the Family First party and a candidate for the next New South Wales election.
