Many OUTinPerth readers take for granted the legal rights the WA GLBTIQQ community have. However, believe it or not it is only 20 years ago that it was no longer illegal to be homosexual although one had to be 21 years of age or over. On Wednesday the October 25, 1989 the Criminal Code Amendment (Decriminalisation of Homosexuality) Bill was introduced on motion by Labor MP the Hon John Halden and read a first time in the WA Parliament.
The second reading outlined that this was the fifth time the state parliament was to consider legislation to eliminate the intrusion of the Criminal Code into the private bedrooms of WA citizens, the first being 1977 by the late Hon Grace Vaughan part of the Tonkin Labor Government. Halden stated, ‘The historical origins of the homosexuality provisions of our Criminal Code are to be found in medieval church law’. Religious churches and their affiliates campaigned hard to members of the Parliament and Cash even spoke of Premier Dowding’s comments in the West Australian that the Government would not tolerate the gross indecency of a Sydney style homosexual Mardi Gras resulting from legalisation of homosexual acts.
In reply to the Bill’s second continued reading a few months later the opposition leader at the time Liberal MP the Hon George Cash used the argument that if homosexuality was decriminalised it would lead to an increase in homosexual practices and therefore an increase in HIV/AIDS, it must be remembered that the hysteria of the late 1980’s to AIDS was immense with a lot of misinformation given to the public.
Many arguments and opinions were put to the Parliament in the months of debate but finally the ayes had it and the Bill was passed. The law was written into Hansard in April 1990. The community should be aware of and thank those who helped achieve the beginnings of many rights achieved by our community over the years as this was just the beginning.
They were in 1989: the Hon J M Berinson, Hon J M Brown, Hon Cheryl Davenport, Hon Graham Edwards, Hon John Halden, Hon Kay Hallahan, Hon Tom Helm, Hon B L Jones, Hon Garry Kelly, Hon Margaret McAleer, Hon Mark Nevill, Hon Sam Piantadosi, Hon Tom Stephens, Hon Bob Thomas, Hon Doug Wenn, Hon Fred McKenzie and though opposed crossed the floor after amendments was Hon Peter Foss.
This year Pride will have its 21st parade throughout the streets of Northbridge and many families, children and tourists flock to watch or be a part of the parade, even church groups march. Unfortunately, Dowding has had to endure and tolerate this gross indecency that Pride has presented to the public of WA, one must wonder what his views are in 2010 when the sky hasn’t fallen in and in WA we are now able to adopt, have access to IVF, the age of consent is 18, it is no longer an offence to promote homosexuality in schools and have no decriminalisation based on our sexuality with employment, education and accommodation.
Rainbow Labor is holding a celebration of the Labor Party’s achievements for our community at Parliament House during Pride on Wednesday, October 20. Visit us at our stall at Fair Day to obtain more information on the history of WA and Federal Law Reforms that affect you, become informed, know your rights and see what you can do with our members to obtain further gains for our community in the future.
Rainbow Labor team
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