The State of Homophobia, Biphobia & Transphobia Survey Results, Part 3: Where Discriminatory Comments Occur & Their Impact

This post is the third in a series of six, reporting the results of The State of Homophobia, Biphobia & Transphobia survey I conducted at the start of 2017[i].

In all, 1,672 lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) Australians provided valid responses to that survey.

In this article, I will be focusing on their answers to two questions, which asked about the ‘location’ where they witnessed anti-LGBTIQ comments in 2016, and the impact that these comments had on them.

The results of the first may or may not be surprising (depending on whether you use social media or not), while the responses to the second are, as expected, often heartbreaking to read.

The State of Homophobia, Biphobia & Transphobia-11

Question 1: Over the past 12 months, have you witnessed homophobic, biphobic, transphobic or intersexphobic comments in any of the following (select as many as appropriate):

Media

Social Media

Politics

Religion

Public Space

None of the Above

1,645 people answered this question, and this was the overall response (ranked from highest to lowest):

  • Social Media 92% (1,506 responses)
  • Politics 83% (1,367)
  • Religion 81% (1,330)
  • Media 80% (1,308)
  • Public Space 67% (1,109)
  • None of the Above 3% (50).

It is clear that, in 2016, more LGBTIQ Australians witnessed homophobic, biphobic, transphobic or intersexphobic comments on social media than in any other category – and by a considerable margin.

There is an important caveat to this finding, because a significant proportion of these anti-LGBTIQ comments may in fact be posts incorporating homophobia, biphobia, transphobia and intersexphobia from politics, religion or the media (for example, sharing media stories about the joint Liberal-National Government/fundamentalist christian campaign against Safe Schools).

Even if we accept that, it is nevertheless apparent that the primary medium through which we receive anti-LGBTIQ comments, of any kind, is via platforms such as Facebook, Twitter, YouTube and Instagram (or, for people younger than me, Snapchat and other apps I probably haven’t even heard of).

The next three highest-ranked answers – politics, religion and the media – were all very close together.

But, it should also be noted that a higher proportion of LGBTIQ people reported witnessing religious homophobia, biphobia, transphobia or intersexphobia than the proportion of Australians who identify as religious[ii]. That is a pretty impressive effort by the Australian Christian Lobby, Catholic Church and others.

Thankfully, the proportion of respondents who indicated they witnessed anti-LGBTIQ comments in a public space was lower than for other categories – although, at two-thirds of all respondents, it is still depressingly high.

However, the most depressing statistic of all is that just 3% of LGBTIQ people who answered this question – or 50 people in total – reported that they had not witnessed homophobia, biphobia, transphobia or intersexphobia via social media, politics, religion, media or in a public space during the past 12 months.

The next time a conservative politician – or NewsCorp columnist or Christian Lobby spokesperson for that matter – tries to claim that anti-LGBTIQ prejudice no longer exists, or isn’t a problem in contemporary Australia, simply show them these findings.

LGBTIQ Status

There was remarkable consistency across the lesbian, gay, bisexual, transgender, intersex and queer communities in their respective answers to this question[iii]:

  • Lesbian: Social media 91.4%; Politics 82.4%; Media 78.6%; Religion 77.7%; Public space 69.3% and None of the above 1.8%
  • Gay: Social media 85%; Religion 78.6%; Politics 78.2%; Media 72.8%; Public space 58.8% and None of the above 3.6%
  • Bisexual: Social media 89%; Politics 80.6%; Media 79.9%; Religion 76.6%; Public space 70% and None of the above 3.3%
  • Transgender: Social media 92.7%; Media 87%; Politics 85.4%; Religion 81.8%; Public space 75.5% and None of the above 1%
  • Intersex[iv]: Social media 75%; Religion 70%; Media & Public space both 65%; Politics 60% and None of the above 0%
  • Queer: Social media 90.4%; Politics 84.7%; Media 83.4%; Religion 79%; Public space 76.7% and None of the above 1.1%.

As can be seen, the highest-ranked response – for each category – was Social media, with percentages ranging from 75% to 92.7%, confirming the role of Facebook and other platforms as conduits for anti-LGBTIQ comments.

As with verbal harassment and abuse, analysed in Part 1, the figures reported by bisexual, and especially gay, respondents were significantly lower than for LTI or Q people.

This is particularly apparent in terms of the answer for ‘None of the Above’: 3.6% of gay people, and 3.3% of bisexuals, checked this answer, whereas the next highest rate for any group was lesbians at around half that (1.8%).

On the other hand, and again consistent with earlier figures for verbal harassment and abuse, transgender and to a slightly lesser extent queer respondents were most likely to witness homophobic, biphobic, transphobic and intersexphobic comments.

In fact, trans people reported the highest rates of anti-LGBTIQ comments in all of social media, politics, religion and media (which is perhaps not that surprising after 12 months of sustained attacks on safe schools and ‘gender fluidity’), while the highest rates for anti-LGBTIQ comments in public spaces were reported by queer people.

Meanwhile, only 1% of trans, and 1.1% of queer, respondents answered none of the above – just one-third of the rates for gay and bisexual people.

The answers to this question once again confirm two things:

  1. Rates of homophobia, biphobia, transphobia and intersexphobia are unacceptably high in Australia, and
  2. Anti-LGBTIQ prejudice disproportionately impacts trans, intersex and queer people.

Aboriginal and Torres Strait Islander People

In contrast to Parts 1 and 2 of the survey results, the figures for Aboriginal and/or Torres Strait Islander LGBTIQ people were not significantly higher than for their non-Indigenous counterparts – although nor were they significantly lower (except for perhaps in relation to politics):

  • Social Media 90.3%
  • Religion 79%
  • Media 75.8%
  • Politics 72.6%
  • Public Space 67.7%
  • None of the Above 1.6% (or just 1 out of 62 respondents).

Age

The responses in terms of different age groups threw up a couple of surprises:

  • Aged 24 and under: Social media 91.5%; Politics 81.2%; Media 78.8%; Religion 78.1%; Public space 70.8% and None of the above 2.5%
  • 25 to 44: Social media 89%; Politics 85.7%; Religion 81.7%; Media 80.5%; Public space 67.3% and None of the above 2.5%
  • 45 to 64: Social media 85.8%; Religion 77.6%; Politics 75.8%; Media 71.9%; Public space 52% and None of the above 3.9%
  • Aged 65 and over[v]: Social media and Religion both 67.6%; Politics 59.4%; Media 54%; Public space 24.3% and None of the above 10.8%.

As expected, people aged 24 and under were more likely to report witnessing anti-LGBTIQ comments in social media than any other cohort – although it was only slightly higher than for people aged 25-44, and social media remained the highest-ranked answer (either stand-alone, or equal) for all age groups.

Young people were also more likely to witness homophobic, biphobic, transphobic and intersexphobic comments in public spaces.

However, perhaps more surprisingly, it was their counterparts aged 25 to 44 who were actually most likely to witness anti-LGBTIQ comments in the contexts of politics, religion and the media.

Both groups also reported similar rates for ‘none of the above’: 2.5% or around 1 in every 40 people said they did not witness anti-LGBTIQ comments in these contexts in the last 12 months.

In short, people aged between 25 and 44 appear just as likely to have witnessed homophobic, biphobic, transphobic and intersexphobic comments in 2016 as their younger LGBTIQ equivalents (although people aged under 25 may nevertheless feel the impact more, particularly if they are yet to develop coping mechanisms to deal with encountering such prejudice).

Less surprisingly, the answers for the two older age cohorts show reduced exposure to anti-LGBTIQ comments, especially in public spaces (just 52% for people aged 45 to 64 and 24.3% for those aged 65 and over). The rates for none of the above also increased significantly for both groups.

[NB Unlike previous – and planned – posts, this article will not examine the different responses for each Australian state and territory because the results are not considered relevant.]

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Question 2: If you feel comfortable, please indicate the impact that these homophobic, biphobic, transphobic or intersexphobic comments had on you [Optional]

This question allowed respondents to describe, in their own words, the impact that witnessing anti-LGBTIQ comments during 2016 had on them – and the answers provided are, to put it frankly, depressing.

As with Part 2 of the survey results, at this point I would recommend that you only read further if you are emotionally prepared to do so.

To help you decide whether to continue, please be aware that comments include descriptions of mental health issues, depression and suicide (including suicide ideation). Relevant help numbers are provided at the end of the article.

A lightly-edited[vi] version of the answers to this question – outlining the personal impact of homophobic, biphobic, transphobic and intersexphobic comments – can be found at the following link:

question-2-the-impact-of-discriminatory-comments

From my perspective, a number of key themes emerge in these comments:

While a small number of respondents indicated that witnessing such comments had little or even no impact on them, the majority indicated that anti-LGBTIQ comments had caused major impacts, contributing to mental health issues, depression and even suicide ideation.

“Every day I consider suicide. My life looks normal on the surface, but why should I bother living when the majority hates me? I’m not wanted and seen as a freak. I just want to feel normal and safe, but straights will never allow that in my country (Australia). Homophobia makes me wish I was dead.”

“I feel like it raises the suicide rates and makes us feel less than human as [it] makes people feel homophobia is ok because we don’t have equality. In the last year I’ve had 4 friends commit suicide due to homophobia.”

“They make me feel worthless, like a freak, like I don’t deserve to live, like I don’t deserve anything, like I’ll be alone forever, like no one will love me, like I should just kill myself because it would be easier.”

The feeling of being ‘lesser’ than others was also common:

“It makes you feel separate. More like an oddity than a person. Like you’re… less”

“It just makes me feel like shit to be frank. Like I’m not a worthwhile human being. Like I’m a joke and not a living, breathing person with thoughts and feelings.”

“It hurts my self worth, makes me feel as though my identity is something negative and is something that I should be ashamed of.”

A sense of ‘hopelessness’ was also pervasive:

“It makes you feel that the world will never change & there is no place for you in it.”

“It is depressing to realise that, despite the progress that has been made on many fronts, just how widespread anti-LGBTI prejudice really is, including from our so-called political leaders.”

“Homophobia in media and everyday life is a constant reminder to the lgbtq community that they are and probably always will be seen as less than others.”

“It made me feel helpless, like nothing was ever going to change no matter how hard people work at being accepting.”

A number of commenters expressed despair at the level of anti-LGBTIQ prejudice in Australia, and associated alienation from their country:

“They made me feel as if my own country didn’t want me and that I wasn’t really a person.”

“I question whether Australian society is as accepting as I thought it was.”

“Disgust and shame at both myself and Australia. I feel marginalised, oppressed, fearful, frustrated and in some cases terrified of the country I live in.”

“If anything, these comments have disturbed me, and made me feel quite frightened for mine, my partner’s and Australia’s future moving forward…”

“These actions and comments make me feel like Australia is still leaving [sic] in the 1900s and I love my country and people, but sad that there a [sic] still so many closed minded people in this country.”

Or simply “Used to it. This is Australia after all.”

Another strong theme was modifying behaviour to avoid being subject to homophobia, biphobia, transphobia and intersexphobia:

“Witnessing or hearing discriminatory acts/language makes me feel unsafe. It makes me modify my behaviour in certain situations to avoid potential violence.”

“They make me feel like I have to adjust my behaviour to make straight people feel comfortable. My partner of 5 years and I don’t hold hands or kiss in public because of this. I hate being a different person in public from the one I am at home. On our train line, it would simply not be safe to hold hands or kiss.”

“It makes me feel unsafe to walk down the street ever since embracing my sexuality. I would certainly not feel comfortable walking down the street hand in hand with my partner and I am careful not to make too much eye contact if I’m wearing something that might indicate my sexuality.”

For some, this even extended to an increased fear of disclosure/’coming out’:

“Increased anxiety about people finding out I’m gay. Less likely to come out.”

“It’s made me scared to come out to some people including my mother.”

“Scares me into not coming out to the people closest to me and makes me feel ashamed for being myself.”

“I feel sad and I actively hide my sexuality.”

“They made me ashamed and want to hide myself further in the closet.”

Some indicated anti-LGBTIQ comments had little impact – but only because they were ‘used to it’, ‘numb to it’, or had developed ‘thick skins’:

“I’m fine, I’m all grown up and used to it now. But if we can stop it happening to others in the future, that should be our primary focus.”

“I’m a lot more thick-skinned now but it really affected me as a kid and teenager growing up and I spent a lot of puberty feeling very suicidal. These days it mostly just makes me angry.”

“I have quite a thick skin and don’t care what other people say, however I am disappointed that more of society have not moved on.”

Or, even more pithily:

  • “I’m used to it, kind of just get number over the years.”
  • “Very little, I have a thick skin.”
  • “I am very used to hearing phobic comments.”
  • “I’m so used to it I just switch off.”

However, even for those who claimed to have learnt to ‘live with it’, there was still significant concern about its impact, on themselves and others:

“I usually end up numbing myself to the full effect of these comments because to truly engage with my feelings about it would mean constant pain, anger and disillusionment in humanity and I wouldn’t get through the day. But when it takes over, it’s a horrible experience.”

“It bothers me, but I learn to live with it. If someone is rude to me or if I find something rude, I can’t waste my emotional energy getting caught up in it anymore. But it is a problem, because I know these statements have a much stronger impact on others who are lgbt, who have suffered a lot more because of their sexual orientation or gender identity.”

Some respondents ‘turned lemons into lemonade’, and used homophobic, biphobic, transphobic and intersexphobic comments as motivation:

“They make me annoyed or angry. They make me more determined to help pro-lgbt causes or keep active.”

“In general, abuse makes me feel both unwanted and even more determined to promote equality so that future generations of LGBTQI people do not have to endure the abuse and discrimination that some people have received.”

“The current attitude towards the LGBTIQ community makes me angry and ever more passionate to step up and attempt to make a change.”

“It gets me fired up! I can’t help it – I have to respond. I’ve been fighting this fight for over twenty years, so I can’t let it go unchecked… I stick it to them.”

“Makes me more determined to work against the hate.”

“Makes me stronger in my resolve to educate people about LGBTIQ issues – eg being gay is not a choice, it is not a disease that other people can catch from me, I am not sick, disordered or mentally unbalanced; I don’t need to be cured or changed, I am not any more a ‘sinner’ than any other human being etc. I am perfectly happy and content.”

One of the most common type of comment was an expression of care, and concern, for younger and/or more vulnerable members of the LGBTIQ community:

“I’m fairly resilient, so these things tend not to affect me. However, they do cause me great concern for those who may not be resilient, or the young in our community.”

“They don’t worry me now because I am fully accepting of myself but I hate to think of the effect they would have on younger people.”

“I feel angry about the impact it would have on younger people (I’m older now and I’m more concerned about protecting the younger ones).”

“Mostly it’s really deflating and makes me concerned for younger lgbtiq+ people who don’t have support networks.”

“Made me feel sad for the younger ones, still coming to terms with who they are, fighting depression.”

“It’s hurtful and worrying. I’m old enough now to not let it bother me but it concerns me to think about how this affects teenagers coming to terms with their sexuality. Hatred in the public sphere is only continuing this.”

“While I’m at a point in my life where I realise that the people who publicly express these negative points of view often in a negative way are ignorant and their negativity is their problem, not mine, I feel sad and angry thinking that less secure, particularly younger LGBTIQ+ individuals, may be impacted extremely detrimentally by these comments.”

“I fear for young LGBTQ people who don’t have the support or self awareness to know that there is nothing wrong with them and that they will find their place one day, if not today.”

“Made me feel unsafe and also made me feel sad for all the young kids who’s health would be more majorly impacted by this, almost every LGBT+ person I know has attempted suicide or suffered from trauma as a response to abuse and I feel this.”

“I have witnessed friends being vilified and the victims of homophobic rants. The psychological toll as a result of the constant barrage from all forms of media, politics, religion & the public confirms the reasoning behind the high mortality rate for young LGBTI members of our community.”

These two comments probably best sum up this view:

“It really distresses me that people still act this way. I worry for the younger youth who this could have a greater impact on. Whoever says homophobia doesn’t exist in today’s society is very wrong.”

“It upsets me that young LGBTIQ children are being constantly reminded that they are not treated the same as others in this society when they watch out-of-touch, backward-thinking politicians who do not see how hurtful their words against same-sex marriage and the safe schools program are. It is so upsetting that they cannot see the damage they are doing.”

The parents in rainbow families also expressed concern for the potential harm anti-LGBTIQ comments cause to their children:

“I don’t feel homophobia has an impact on me but I often wonder if it’s upsetting to my son. He tells me it bother him sometimes.”

“I feel confident in my personal relationship however when in public spaces with my children I worry about negative reactions to my lesbian relationship if I show any form of public affection towards my partner. It is better sometimes to ‘pass’ as a parent rather than show we are a family, purely because I do not want my children to observe homophobic reactions or hear homophobic comments about their parents or family.”

The care shown by LGBTIQ people for their children, and for younger members of the community, stands in marked contrast to the ‘christian’ values too-often on display by religious fundamentalists, with some respondents nominating religious intolerance as the source of homophobia, biphobia, transphobia and intersexphobia:

“Especially the comments from people representing my religion are really painful and I find myself often thinking if I can even be part of such a community that should be about mercy and love and is often just full of hate.”

“The Tasmanian Archbishop’s attempts to change the anti-discrimination act have resulted in me moving school despite having a supportive school I think it is no longer appropriate for me to attend a school that is overseen by someone who has openly proclaimed his dislike of homosexuals, and is attempting to change laws to discriminate against them.”

“I went to catholic school and the church felt it right to give a pamphlet to each child outlining what a marriage is and making sure to discourage anyone who was in the LGBTQI community.”

“It’s everywhere. Every time someone mentions gay marriage or trans health there is always a rebuttal speaker from some religious group.”

“all these churchie people… they preach and say we are sinning… Yet they are being the judgmental ones. I don’t know any LGBTIQ people that go around with fliers etc saying join our church etc. So why do they try [to] pressure us to change who we are?”

“Christian people on Facebook posting anti-gay marriage and safe schools program under the guise of love the sinner not the sin…”

That last comment was typical of many that raised homophobic, biphobic, transphobic and intersexphobic comments in the context of last year’s dual anti-LGBTIQ campaigns – against Safe Schools and for a plebiscite:

“well I hear all the hate-filled rhetoric from the religious alt right that sadly have too much of a voice in gov from groups like the christian lobby and other politicians. the whole gay marriage plebiscite seemed to give every anti-gay hate group a paid advertisement on social media…”

“Made me feel unsafe being out in my work space ie political discussions about safe schools and queer people corrupting children made me feel I might lose my job at a school.”

“The same sex marriage debate and the vilification of the safe schools program has allowed homophobia to run rife in politics and in the media leading to public aping of homophobic beliefs.”

“Particularly the discussion in the media regarding the plebiscite had a huge effect on my emotional well being. I found myself harbouring a lot of stress, feeling less safe, and often feeling emotional and being brought to tears.”

“plebiscite! The very idea that our government (the same one that is apparently working for the Australian people) can legislate hate speech (or an entire campaign) against a minority under the guise of politics disgusts me and makes me ashamed to call myself Australian.”

“A feeling of being lesser than anyone else. Worry for young people, especially when the plebiscite about equal marriage was being threatened. This also gave other homophobes permission to be expressive about their hatred.”

“The constant negativity and blatant homophobia present in the political and mainstream media spheres, especially over Safe Schools and on marriage equality, has left me emotionally wrung out and uneasy, including making me less likely to decide to announce, share or defend my position on these issues in places I feel comfortable in, including my workplace in a secondary school.”

A number of commenters also highlighted the Trump factor, and the fear of Australia importing US-style anti-trans bathroom laws:

“Trump supporters have also gotten on the anti-LGBTQ movement and all over social media if you tag anything with one of those, you are instantly trolled. Trump hired people to set up fake accounts and constantly go out and attack our community so a by-product of the US election was the LGBTQ community all around the world was attacked and criminalised and marginalised.”

“While I’m not trans, I have friends who are, and even in a relatively tolerant country like Australia they still encounter discrimination every day. We hear about the horrendous bathroom law debates raging in the US and think, there’s one more place we aren’t safe. The same intolerance exists in Australia; it’s just quieter.”

In fact, the existing high-levels of transphobic comments generally was raised by several respondents:

“I only recently began to take steps to transition socially, and it feels like every other day there’s a new reminder of how much hate and harassment still exist. The thought of coming out and having to face this regularly terrifies me.”

“I see constant transphobia in people’s reactions towards trans/non binary/queer people.”

“A trans* friend of mine died and majority of the comments were transphobic of nature and it hurt me to witness how my peers felt about individuals being transgender.”

“Lyle Shelton has made incredibly transphobic remarks that have had me on the verge of tears.”

(At least) 2 people highlighted the failure of Victorian birth certificate reform late last year as a particular source of transphobic comments:

“Shocking. I am significantly affected by the ongoing ceaseless abuse we experience at the hands of media and parliament. The recent comments in the Victorian parliament voiced by the opposition were appalling. The constant transphobia lends itself to a constant low level of depression only countered by actual interaction with mainstream people who seem to be much more accepting…”

“It’s a kick in the guts every time I see the media misrepresent trans people. In politics it’s worse though – that they didn’t change the law about birth certificates last year has made my life harder at a practical level.”

Perhaps unsurprisingly, given both its popularity and the high share of respondents indicating social media as a source of anti-LGBTIQ comments, at least a dozen respondents specifically cited prejudice on Facebook:

“Facebook is covered with homophobic comments and pictures that don’t get removed.”

“Homophobic/transphobic comments from people on posts on Facebook…”

“I follow a large amount of people on social media where I almost daily see harassment to multitudes of people in the queer community.”

“Found them rather disturbing particularly on Facebook where posters ‘go for it’ with their opinions from the safety of a keyboard. I found it scary and rather confronting the amount of homophobia in the community in Australia, and doubly scary in other parts of the world. I think if a person is secure in their sexuality then they don’t feel the need to hate whereas (in my experience) if a person has issues, either consciously or unconsciously then they ‘project’ this through homophobia onto GLBT people.”

This commenter raised particularly concerning issues with Facebook:

“I don’t feel mentally capable of reading comments on social media posts about LGBTQI issues for fear of harassment and homophobic/transphobic comments. I don’t comment at all because I’m harassed. Someone reported my name on Facebook and I was forced to provide legal identification and change my account to my birth name or my account would be shut down. I now cannot change my name on Facebook until I legally pay (220$) to have my name changed. Seeing my birthname daily causes me huge amounts of distress and dysphoria.”

Given the prevalence of anti-LGBTIQ comments on social media, it is unsurprising some survey respondents are resorting to ‘switching off’:

“Frankly, makes me not want to live, but I don’t tell anyone that because I think that’s what these people actually want. They want me to hate myself and take care of ‘the issue’ (ie me) for them. So I’ve unplugged from it for the most part and focus on loving myself.”

“Lesbians have copped it a bit this year and it’s made me more stressed than usual. Thinking of cutting myself off from media outlets.”

“I had to block people on social media. I choose what I read in the media and its source.”

“I considered seeking counselling to deal with my mental health regarding [anti-LGBTIQ comments] specifically, as well as removing myself from social media and avoiding news articles.”

“I found them disturbing, misleading & hurtful. I was closely following the plebiscite debate and also had clients at my work being affected by the comments in the media. After a while of hearing the same negativity about LGBTIQ people it starts to get to me. I have to take a break from reading things because they are saying ignorant and nasty things about me and my family. I have found it quite stressful and depressing.”

“I am lucky enough to be in a position where I can use my experiences to hopefully discourage this kind of behaviour. It still makes me livid to hear or read LGBTI-phobic comments because they touch on the very essence of who I am and the people I love. I have also noticed that particularly political LGBTI-phobia has a real impact on my mental health. In the interest of my own sanity I often choose to disengage, which then subsequently makes me feel guilty because surely someone has to speak up to change people’s minds.”

Overall, these responses highlight the profound impact that homophobic, biphobic, transphobic and intersexphobic comments – in social media, politics, religion, media and public spaces – had on LGBTIQ Australians over the past 12 months.

The following two quotes, for me, summarise just how important it is to push back against this rising, and hurtful, wave of prejudice:

“This behaviour creates a cage for all members of the LGBTAQI+ community. Any negative act towards someone from this community pushes us back into the cage of fear we’re all trying so hard to destroy.”

“I feel like there is a war on gender and sexuality and everywhere is a battleground of some sort and I’m a civilian trying to just live and explore myself but it’s not ‘safe’. Having friends who are accepting and part of the community helps but it still feels like a war…”

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Conclusion

The results of these two questions have confirmed not only that homophobic, biphobic, transphobic and intersexphobic comments are rife in Australia, but also that they are having a terrible impact on many – too many – lesbian, gay, bisexual, transgender, intersex and queer people.

These comments are being observed in a wide range of areas, including politics, religion and the media – but are especially prevalent on social media, with 92% of respondents witnessing anti-LGBTIQ comments in this medium in 2016.

In fact, social media was the highest-ranked (or equal highest), for all categories of LGBTI and Q, for Aboriginal and Torres Strait Islander LGBTIQ respondents and irrespective of age cohort.

On the other hand, just 3% of survey respondents – or about 1 in every 33 people – had not witnessed homophobia, biphobia, transphobia or intersexphobia on media, social media, politics, religion or public space in the past 12 months.

This is nothing less than shocking, as were the quotes highlighted above (and in the linked document) where people explained in their own words the impact that witnessing anti-LGBTIQ comments has had on their lives. If you are mentally prepared, I encourage you to read them at length.

As noted at the beginning of this post, this has been the third in my series of six articles reporting the results of my ‘The State of Homophobia, Biphobia and Transphobia’ survey.

The remaining three articles, which will focus on discrimination in education, employment and health and other areas, will be published during May[vii].

If you would like to receive updates of these results, please sign up to this blog: on mobile, at the bottom of this page, or on desktop at the top right-hand corner of the screen.

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If this post has raised any issues for you, you can contact:

  • QLife, Australia’s national telephone and web counselling and referral service for LGBTI people. Freecall: 1800 184 527, Webchat: qlife.org.au (3pm to midnight every day)

Footnotes:

[i] The previous posts can be found here:

Part 1: Verbal Harassment and Abuse

Part 2: Physical Abuse or Violence

[ii] According to the ABS, 22% of respondents to the 2011 census indicated they had ‘no religion’, although this figure is expected to rise dramatically in the 2016 census following a change in how this question was asked.

[iii] Note that the percentages for each of these groups will be reduced compared to the overall rates described above, because they are calculated based on the total number of people from that group completing the survey rather than the (lesser) number of people from that group who answered this question.

[iv] Noting that there was a small sample size for intersex respondents (n=20) meaning these percentages should be treated with some caution.

[v] Noting that there was a small sample size for respondents aged 65 and over (n=37) meaning these percentages should be treated with some caution.

[vi] In this context, lightly-edited includes:

-Removing identifying information

-Removing potentially defamatory comments and

-Removing offensive (for example, transphobic) remarks.

I have also corrected some spelling/grammatical mistakes for ease of reading.

[vii] These posts were originally scheduled for April, but have been delayed due to unforeseen circumstances.

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Malcolm Turnbull, If you want to ‘strengthen’ anti-vilification laws, here’s something you can do

Update 29 April 2017:

In early April, I wrote to Prime Minister Malcolm Turnbull and Attorney-General George Brandis suggesting that, it they genuinely wanted to ‘strengthen’ Australia’s anti-vilification protections, they should introduce laws prohibiting vilification against lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

In that letter, I included statistics from The State of Homophobia, Biphobia & Transphobia Survey Results, Part 1: Verbal Harassment and Abuse which found that 74% of LGBTIQ Australians experienced homophobic, biphobic, transphobic or intersexphobic verbal abuse at some point in their lives, with 48% reporting anti-LGBTIQ harassment in the past 12 months alone.

Unfortunately, it appears that the Australian Government isn’t particularly interested in doing anything to address this epidemic of anti-LGBTI abuse – there is no LGBTI equivalent to section 18C of the Racial Discrimination Act 1975, and, based on the response I received this week from the Attorney-General’s Department (see below), the Turnbull Government will not introduce one.

Perhaps the most bizarre part of the Government’s letter is the reference to ‘sexual harassment’ provisions within the Sex Discrimination Act 1984, as offering protections against anti-LGBTI vilification. The definition of sexual harassment under that legislation is as follows:

Section 28A

Meaning of sexual harassment

(1) For the purposes of this Division, a person sexually harasses another person (the person harassed) if:

(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed…

(2) In this section:

‘conduct of a sexual nature’ includes making a statement of a sexual nature to a person, or in the presence of a person, whether the statement is made orally or in writing.”

This definition, and its focus on ‘of a sexual nature’, means that while LGBTI people are protected against ‘sexual harassment’ under the Sex Discrimination Act 1984, only a small fraction of the anti-LGBTI verbal abuse that is experienced by LGBTI Australians would be covered by this provision – the vast majority of harassment and abuse, including nearly all of the comments reported in The State of Homophobia, Biphobia & Transphobia, would remain entirely legal.

Of course, given their ongoing refusal to pass marriage equality without a completely unnecessary, wasteful and divisive plebiscite, and the attacks on and dismantling of the Safe Schools program, it was always unlikely that the Turnbull Government would do anything substantive to tackle anti-LGBTIQ verbal harassment and abuse.

Still, now that they have been presented with the evidence, they can no longer claim that there is no problem with homophobia, biphobia, transphobia and intersexphobia in Australia. They know it exists – they are simply choosing to ignore it.

Here is the full response from the Attorney-General’s Department:

27 April 2017

Dear Mr Lawrie

Thank you for your correspondent of 3 April 2017 to the Prime Minister, the Hon Malcolm Turnbull MP, regarding Commonwealth anti-vilification laws. Your letter was referred to the Attorney-General, Senator the Hon George Brandis QC, as the matter falls within his portfolio. The Attorney-General has asked me to respond on his behalf.

The Australian Government believes that people are entitled to respect, dignity and the opportunity to participate in society and receive the protection of the law regardless of their sexual orientation, gender identity or intersex status. The Sex Discrimination Act 1984 (Cth) prohibits discrimination on these grounds in a range of areas of public life.

The Sex Discrimination Act also prohibits sexual harassment in a number of areas of public life. Under the definition of sexual harassment, the circumstances to be taken into account include, but are not limited to, the sex, sexual orientation, gender identity and intersex status of the person harassed.

Criminal laws in Australia generally prohibit conduct which threatens or results in harm to a person, regardless of the individual attributes of the victim.

The Australian Government considers these protections, in conjunction with other protections under Australian law, are appropriate in addressing the behaviour outlined in your letter.

Thank you for bringing your concerns to the attention of the Australian Government.

Yours sincerely

[Name withheld]

Director, Human Rights

Civil Law Unit

 

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Original Post:

 

The Hon Malcolm Turnbull MP

Prime Minister

PO Box 6022

House of Representatives

Parliament House

Canberra ACT 2600

Monday 3 April 2017

Dear Prime Minister

Commonwealth Anti-Vilification Laws

I am writing to you about a subject that has preoccupied your Government in recent weeks: Commonwealth anti-vilification laws.

However, I do not wish to re-litigate the debate over your proposed amendments to section 18C of the Racial Discrimination Act 1975, especially now that those changes have been comprehensively rejected by the Senate (happily from my perspective, presumably less so from yours).

Instead, I wish to discuss an area where it appears that, at least based on your public statements, you and I agree.

Specifically, during the course of the debate around 18C, two key principles emerged from media releases and speeches made both by yourself, and by the Attorney-General, Senator the Hon George Brandis.

First, your Government believes that there is a place for legal protections against vilification.

This is apparent not just from the fact that you chose to try to amend section 18C, rather than repeal it (therefore acknowledging the overall legitimacy of anti-vilification laws), but also through your comments at the joint Press Conference on 21 March, announcing the changes:

“We are defending the law by making it clearer. We are defending Australians against racial vilification.”

And from the Attorney-General’s Second Reading Speech:

“I have always believed that there is no inconsistency whatever between effective, appropriately-worded racial vilification laws, and the robust defence of freedom of speech.”

Second, your Government believes that such legal protections against vilification should be ‘strong’.

Indeed, both you and your Attorney-General repeatedly claimed that the Human Rights Legislation Amendment Bill 2017 would strengthen existing vilification protections.

At your joint Press Conference you stated that “[W]e are announcing changes to the Racial Discrimination Act and the Human Rights Commission legislation, which will strengthen the protection of Australians from racial vilification” and that it was time to “defend Australians with effective laws, clear laws, against racial vilification.”

The Attorney-General similarly claimed in his Second Reading Speech that the changes were being proposed “to strengthen its anti-vilification provisions.”

Taking you at your word(s) then, you both believe there is a place for anti-vilification laws, and that such laws should be strong and effective.

I agree with these two principles (even if we disagree on how they should be reflected in the Racial Discrimination Act).

Which is why, now that your changes to section 18C have been defeated, I write to suggest an additional way in which you can protect Australians against vilification: by introducing anti-vilification protections for lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

As you would be aware, there is currently no Commonwealth protection against vilification on the basis of sexual orientation, gender identity or intersex status.

Nor are there LGBTI anti-vilification protections under the laws of Victoria, South Australia, Western Australia or the Northern Territory (meanwhile, the protections that exist under NSW law are overly-narrow, and fail to protect some parts of the community).

This leaves a significant proportion of Australia’s LGBTI communities without any legal protections against homophobic, biphobic, transphobic and intersexphobic vilification.

Unfortunately, such vilification remains all-too-common in Australia.

In a survey that I conducted at the start of 2017, 74% of LGBTIQ respondents reported being subject to anti-LGBTIQ verbal abuse or harassment at some point during their lives[i].

Disturbingly, 48% of respondents reported that at least one instance of such abuse or harassment occurred during the last 12 months.

These figures were even higher for some sections of the LGBTIQ community:

  • 68.2% of trans respondents
  • 65% of Aboriginal and/or Torres Strait Islander LGBTIQ respondents, and
  • 74.5% of LGBTIQ respondents aged 24 or under

reported verbal abuse or harassment in the past 12 months alone.

I hope that you agree these rates of homophobic, biphobic, transphobic and intersexphobic verbal abuse are simply unacceptable.

And if you are unconvinced by the raw numbers, then I suggest that you read the even rawer, and in some cases quite horrific, examples of anti-LGBTIQ harassment shared by the 1,672 people who took part in my survey (attached).

The challenge for you is that this abuse is happening on your watch.

If you genuinely believe there is a place for anti-vilification laws, and that such laws should be strong and effective, then I believe you should respond to this epidemic of anti-LGBTI verbal abuse and harassment with Commonwealth anti-vilification laws covering sexual orientation, gender identity and intersex status, on an equivalent basis to existing racial vilification protections.

After all, if racist vilification is considered so serious as to require legislative intervention, then there is no logical reason why homophobic, biphobic, transphobic and intersexphobic vilification should not be similarly prohibited.

If you do not take action to address this issue, then by implication you are suggesting that you and your Government find anti-LGBTIQ vilification to be less offensive, and arguably more ‘acceptable’, than racial vilification.

In conclusion, I will return to another comment made by you at the joint Press Conference on 21 March:

“Ensuring Australians are protected from racial vilification, likewise, is part of that mutual respect of which I often speak, which is the foundation of our success as the greatest and most successful multicultural society in the world.”

My question to you is: do you believe that lesbian, gay, bisexual, transgender and intersex Australians also deserve ‘mutual respect’?

If you do, then please take action to protect LGBTI Australians from the homophobic, biphobic, transphobic and intersexphobic vilification that far-too-frequently mars our own participation in the country you currently lead.

Sincerely

Alastair Lawrie

Cc Senator the Hon George Brandis

Attorney-General

PO Box 6100

Senate

Parliament House

Canberra ACT 2600

Malcolm Turnbull Hands

Whether LGBTI Australians receive anti-vilification protections under Commonwealth law is now in Malcolm Turnbull’s hands.

Footnotes:

[i] For full results, see The State of Homophobia, Biphobia & Transphobia, Survey Results Part 1: Verbal Harassment and Abuse

The State of Homophobia, Biphobia & Transphobia Survey Results, Part 2: Physical Abuse or Violence

This post is the second in a series of six, reporting the results of The State of Homophobia, Biphobia & Transphobia survey I conducted at the start of 2017[i].

In all, 1,672 lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) Australians provided valid responses to that survey.

In this article, I will be focusing on their answers to three questions about experiences of anti-LGBTIQ physical abuse or violence, including publishing their personal stories of homophobic, biphobic, transphobic and intersexphobic violence.

It makes for particularly tough reading – not only are the reported rates of physical abuse, both over their lifetimes and specifically during the last 12 months, far too high, many of the examples of violence that were provided are, frankly, brutal reminders of the unacceptable state of homophobia, biphobia and transphobia in Australia today.

If the topics covered in this post raise any issues for you, contact details of relevant support services are provided at the end of the article.

the-state-of-homophobia-biphobia-transphobia-6

Question 1: Have you ever experienced physical abuse or violence because of your sexual orientation, gender identity or intersex status?

&

Question 2: Has one or more instances of this physical abuse or violence occurred in the past 12 months?

Overall, 26% of survey respondents – 431 people out of the 1,647 who answered question 1 – indicated they had experienced physical abuse or violence because of their LGBTIQ status at some point in their life.

128 people – or 30% of respondents who answered yes to question 1[ii] – then answered question 2 by stating that at least one instance of this anti-LGBTIQ physical abuse or violence had occurred during the last 12 months.

Including those who answered no to question 1, that means approximately 7.8% of all respondents reported experiencing physical abuse or violence in the past year alone.

It should be noted that these rates are significantly lower than the numbers who had previously reported receiving anti-LGBTIQ verbal harassment or abuse. Nevertheless, these findings confirm that homophobic, biphobic, transphobic and intersexphobic physical abuse or violence in Australia is unacceptably high:

  • 1 in 4 LGBTIQ people have been physically assaulted simply because of who they are, and
  • 1 in every 13 LGBTIQ respondents has experienced such abuse or violence in the last 12 months alone.

The following sections show the results to these two questions according to different demographic groupings, including LGBTIQ status, Aboriginal and Torres Strait Islander people, age, and residence by state and territory.

LGBTIQ Status

There were some potentially surprising results in reported rates of lifetime anti-LGBTIQ physical abuse or violence. However, the respective answers of different groups to question 2 were more predictable – and more depressing for that reason. The results for both questions were as follows:

Lesbian: 24.1% of respondents have ever experienced anti-LGBTIQ physical abuse, and of those 27.3% indicated at least one instance during the past 12 months[iii]

Gay: 34.4% ever, and of those 23.6% during the past 12 months[iv]

Bisexual: 14.6% ever, of those 44.2% in last 12 months[v]

Transgender: 33.6% ever, of those 47.2% in last 12 months[vi]

Intersex: 46.7% ever, of those 71.4% in last 12 months[vii], and

Queer: 27.1% ever, of those 44% in last 12 months[viii].

The rates for intersex respondents were clearly the highest – on both measures – although the small sample size (n=15) should be remembered at this point. Of the remaining LGBTQ groups, the category reporting the highest lifetime rates of physical abuse or violence were people identifying as gay, followed closely by transgender people.

There are a range of possible explanations for this, including physical bullying of gay students during school, and ‘historical’ incidents of anti-gay violence that may have happened many years ago (and there is some evidence for both factors in the personal stories of violence detailed below)

Sadly, the relatively high rates reported by transgender respondents were largely predictable. Disturbingly, they were higher again where a person indicated they were both transgender and gay – with 45.6% reporting lifetime physical abuse or violence. These numbers are obviously horrific [ix].

It is equally worrying to look at the proportion of each group overall who reported an instance of anti-LGBTIQ physical abuse or violence in the past 12 months:

  • Lesbian: 6.5%
  • Gay: 8.1%
  • Bisexual: 6.5%
  • Transgender: 15.6%
  • Intersex: 33.3%
  • Queer: 12%

On this measure, the proportion of gay respondents reporting physical abuse or violence is much lower, and is in fact similar to both lesbian and bisexual survey respondents.

However, this finding demonstrates the disproportionate impact of recent anti-LGBTIQ physical abuse and violence on transgender (including people who identified as both transgender and gay, where the figure was 24.6%, on 1 in 4 people reporting abuse in the last year alone), intersex and queer members of the community.

Therefore, while there have historically been high rates of homophobic (and specifically anti-gay), transphobic and intersexphobic violence in Australia, there appears to be comparatively far higher rates of transphobic, intersexphobic and anti-queer physical abuse during the last 12 months.

Aboriginal and Torres Strait Islander people

As with verbal harassment and abuse, Aboriginal and/or Torres Strait Islander LGBTIQ people reported higher rates of physical abuse or violence than their non-Indigenous LGBTIQ counterparts.

36.7% of Aboriginal and Torres Strait Islander respondents reported anti-LGBTIQ physical abuse at some point during their lifetime[x], which is higher than both gay and transgender people, discussed above. Of those, 40.9% indicated at least one instance of such violence had occurred in the past 12 months[xi].

Taken together, this means that 15% of Aboriginal and Torres Strait Islander LGBTIQ people reported homophobic, biphobic or transphobic physical abuse or violence during the past year – double the rate of non-Indigenous LGBTIQ Australians (7.5%).

Age

There were some significant differences in terms of experiences of homophobic, biphobic, transphobic or intersexphobic physical abuse or violence depending on the age cohort of the respondent:

24 and under: 18.7% of respondents have ever experienced anti-LGBTIQ physical abuse, and of those 47.6% indicated at least one instance during the past 12 months[xii]

25 to 44: 33.1% ever, and of those 27.2% in the last 12 months[xiii]

45 to 64: 39.9% ever, and of those 16.4% in the last 12 months[xiv], and

65 and over: 30.1% ever, and of those 9.1% in the last 12 months[xv].

Thankfully, the proportion of LGBTIQ people aged 24 or under reporting lifetime physical abuse or violence was lower than their counterparts in other age cohorts. Of course, this result should be expected given their lesser ‘life experience’ (ie fewer years in which abuse may have occurred), but that was not the case for verbal harassment or abuse which was reported at similar rates to older groups.

Rates of lifetime homophobic, biphobic and transphobic physical abuse or violence then increased for people aged 25 to 44, and again for people aged 45 to 64, before declining for people aged 65 and over.

One possible explanation for this is the age at which these groups ‘came of age’: people aged 65+ turned 18 before 1970, and lower visibility of LGBTIQ people (and especially some communities within this umbrella term) may have lessened their experiences of direct physical violence (while exacerbating other problems, including social exclusion and mental health issues).

On the other hand, people aged 45 to 64 generally turned 18 in the 1970s and 1980s, and likely bore the brunt of societal backlash to increased visibility of non-cisgender and/or non-heterosexual Australians, including via physical assaults.

It is however worrying that for those people who turned 18 in the supposedly more accepting 1990s and 2000s (who are now aged 25 to 44), the rates of physical abuse or violence remained relatively high – with 1 in 3 survey respondents in this demographic affected.

Turning to anti-LGBTIQ physical abuse in the past 12 months, the results were very different:

  • 8.8% of all respondents aged 24 or under reported abuse in the last year, compared to
  • 7.1% of people aged 25 to 44
  • 6.5% of people aged 45 to 64, and
  • 2.8% of people aged 65 and over.

Once again, we see that current homophobic, biphobic and transphobic physical abuse and violence is disproportionately affecting younger LGBTIQ Australians – who are 35.4% more likely to report such abuse than people aged 45 to 64.

Despite all of the progress that we have made, on so many fronts, the fact that 1 in 12 LGBTIQ people aged under 25 reported physical abuse or violence in the last year alone is a confronting, and in many ways, devastating, statistic.

State or Territory of Residence

The rates of homophobic, biphobic, transphobic or intersexphobic violence did not differ greatly between most states and territories:

NSW: 26% of respondents have ever experienced anti-LGBTIQ physical abuse, and of those 27.3% indicated at least one instance during the past 12 months[xvi]

Victoria: 29.5% ever, and of those 29% in the last 12 months[xvii]

Queensland: 26.4% ever, and of those 21.2% in the last 12 months[xviii]

Western Australia: 28.1% ever, and 45.2% in the last 12 months[xix]

South Australia: 25.2% ever, and of those 29.4% in the last 12 months[xx]

Tasmania: 19.8% ever, and of those 45.4% in the last 12 months[xxi]

ACT: 14.3% ever, and of those 37.5% in the last 12 months[xxii], and

Northern Territory: 23.8% ever, and of those 20% in the last 12 months[xxiii].

Despite the similarity between jurisdictions, there are three things here worth noting:

  • Western Australia had by far the highest overall proportion of LGBTIQ people reporting physical abuse or violence in the last year, at 12.4%[xxiv]
  • The ACT has reported significantly lower levels of physical abuse than the national average (5.4% in the past 12 months), and was also significantly lower in terms of verbal harassment or abuse, and
  • Despite having the second lowest lifetime rates of anti-LGBTIQ physical abuse, Tasmania actually reported the second highest rates in the past 12 months (9%), repeating a similar pattern for verbal abuse.

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Question 3: If you feel comfortable, please provide an example of this homophobic, biphobic, transphobic or intersexphobic physical abuse or violence [Optional]:

This question allowed respondents to provide an example of the physical abuse or violence they had experienced, irrespective of when it had occurred.

As anticipated, many of the stories that have been shared are both incredibly powerful, and profoundly upsetting.

At this point, I would recommend that you only read further if you are emotionally and mentally prepared to do so. To help you decide whether to continue, please be aware that some stories involve details of physical violence and injury, as well as sexual and child sexual assault.

A lightly-edited[xxv] version of the stories of homophobic, biphobic, transphobic and intersexphobic physical abuse or violence that were shared can be found at the following link:

question 3 physical abuse or violence comments

From my perspective, several consistent themes emerge from these stories, including:

The most common type of story shared involved anti-LGBTIQ abuse in the school environment (at least 38 respondents mentioned school). For example:

“Other kids would throw food at me at school and threaten to kill me. One time a group of bigger boys held me down and drew penises on my face at school. Teachers did nothing. People just laughed. I wanted to die.”

“During the HSC, the day of my last exam. A group of guys waited for me around the corner of the hall. They grabbed me by the neck and dragged me around the corner whilst beating me.”

“I was violently assaulted during high school. A boy at my school also stalked me and threatened to rape me to ‘make me straight.’”

A number of respondents explicitly indicated that the homophobic, biphobic or transphobic abuse occurred some time ago:

“Many years ago at high school. Managed to steer clear of physically violent homophobic behaviour since then.”[xxvi]

“I was bullied relentlessly when I was at school. It was a long time ago (in the 70s) and it included physical abuse. I’m one of the lucky ones, I survived. Many other young LGBTI Australian youth didn’t… and this is still continuing today, validated by politicians and religious ‘leaders’ who have no concern about the harm they are doing by imposing their hetero-normative agendas.”

“I have been punched in the street a few times in the 1990s and once had a bottle broken over my head and was stabbed in the face with the broken bottle (year 2000).”

Several stories involved anti-lesbian violence, including attempts of ‘corrective rape’ and sexual assault:

“I have been bashed in the street for holding my partner’s hand, I have been threatened with rape for dancing with another woman, I have had the police stand in my lounge room making threatening gestures when my partner and I reported a crime, refusing to do anything because ‘some people just don’t like dykes’ and we’d ‘just have to get used to that.’”

“Men grope me, stick their hands down my pants in public places and try to force me to kiss them. When I say I’m a lesbian it’s always either ‘that’s okay I don’t mind’, ‘I can change that’, ‘you’ve just never had a good fuck’.”

“When I lived in Queensland (not where I currently reside) I had strangers at parties come up to my girlfriend and I and forcibly try to dance with us and grope us and insist that we should have sex with them/have a threesome because we need ‘some real fucking’.”

Another common theme was anti-trans violence, such as the ‘policing’ of gender appearance or behaviour, and again including sexual assault:

“Was physically abused by a middle-aged woman who was confused by my gender presentation and took it upon herself to check + feel my chest for the presence of breast tissue (which was underneath my binder).”

“I’ve been sexually assaulted by partners because of my gender non-conforming behaviour, to try and ‘correct’ me into being femme.”

“When I wasn’t out about being a trans man, this bi girl that also knew I was bi thought it was ok and appropriate to sexually assault me and grab my vagina.”

“I was sexually assaulted when a group of young men found out I was transgender.”

A disturbing proportion of stories involved physical abuse and violence from parents, family members and partners in intimate relationships:

“My dad tried to beat the gay out of me a lot growing up.”

“As a child I was beaten at different times by both parents, one publicly, and being told to man up.”

“My mum hit/tried to strangle me when I came out to her as trans.”

“A boyfriend at the time – I told him I’m queer (pan, if you like) and he started grabbing me without my consent sexually in public.”

At least a dozen stories referred to homophobic, biphobic and transphobic violence in spaces and places that the LGBTIQ community call ‘home’:

“I got king-hit/coward-punched whilst walking down Oxford Street in Sydney during Mardi Gras.”

“I have been poofter bashed – just off Oxford St – and was once assaulted by police officers (which I took action about).”

“When I lived in Sydney in the mid-1990s I was bashed by a group of ‘skin-heads’ on Darlinghurst Rd as I walked home after work.”

“Physically assaulted and knocked unconscious by men loitering at a McDonalds on a popular gay night strip in Melbourne.”

“Several years ago I was assaulted in Malvern Rd Prahran by 5 guys yelling death to fags – luckily for me as the group kicked me as I lay helpless a driver stopped and they got scared off.”

And then there were some stories that defied easy ‘categorisation’, but which were so powerful that I felt compelled to reproduce here:

“I’ve been verbally abused, threatened by men, chased by youths with knives and survived an attempted rape and murder by a straight man who saw me come out of a gay pub.”

“Attacked during lgbt rally, egged until I got welts, physically attacked, had people bang on the windows of my room + house and yell they’d kill me etc.”

“Glass bottles thrown at my head and at my lesbian friends because we needed to “get back to the Valley with the freaks” and “needed them to show us dick” so we would stop being into women; guy holding up my girlfriend by her throat because we kissed in a pub; sexual assaults to me (several) partly because they knew I was bisexual so I was “automatically up for sex”. I wasn’t. There was no consent. I even said no and they said I was lying because I am bi.”

“I, my partner and her elderly father were all bashed by a bunch of teenage boys who chased us from the train station to our home kicking us, hitting us, spitting at us, throwing things at us and verbally abusing us. They then attacked my father-in-law when he attempted to come to our aid. He was in his mid-60s at the time of the attack.”

Some shorter comments were nevertheless shocking:

“Being beaten by 3 older men who had followed me home after I left my boyfriend on public transport. I was 16.”

“My partner and I were assaulted whilst kissing to say good bye.”

“My partner and I had glass beer bottles thrown at us walking down the street while holding hands.”

“I was last assaulted for my sexuality in early 2013, and dozens of times before that.”

Finally, and disturbingly, there were at least three stories in which the person who experienced anti-LGBTIQ physical abuse tried to downplay the extent of the violence:

“Bashed (not badly) numerous times by strangers, usually with onlookers. Extreme harassment and threats from police on several occasions.”

“Mild beatings by groups of boys in late high school.”

“Just being punched in the face.”

Describing homophobic, biphobic and transphobic violence in this way is likely part of a psychological coping strategy for these respondents – but, from this author’s perspective, there is no circumstance in which the word ‘just’ ought to appear in front of the phrase being punched in the face.

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Conclusion

The results of this survey suggest that 1 out of every 4 LGBTIQ Australians have experienced homophobic, biphobic, transphobic or intersexphobic physical abuse or violence at some point in their lives.

30% of that group – or 1 in 13 out of all survey respondents – reported anti-LGBTIQ physical violence in the past 12 months alone, confirming once again that 2016 was an awful year for lesbian, gay, bisexual, transgender, intersex and queer Australians.

These proportions were even higher for some sections within the community. While the overall rate was 7.8% reporting abuse in the last year, the equivalent figure was:

  • 15.6% of transgender people
  • 33% of intersex people
  • 12% of queer people
  • 15% of Aboriginal and/or Torres Strait Islander LGBTIQ people.

LGBTIQ respondents age 24 and under were also 35.4% more likely to report recent homophobic, biphobic, transphobic or intersexphobic physical abuse than people aged 45 to 64.

Some of our political leaders like to espouse the idea that Australia is an inclusive and tolerant country, welcoming of differences in sexual orientation, gender identity and intersex status. That may be the case for some people – but these figures reveal a different, harsher, reality for many LGBTIQ Australians.

And, if anyone doubts the impact of homophobic, biphobic, transphobic and intersexphobic physical abuse and violence in this nation, I encourage them to read the personal stories from survey respondents, detailed above. If they do, they will come away with a better understanding of what life is like for far too many people.

As noted at the beginning of this post, this has been the second in a series of six articles reporting the results of my ‘The State of Homophobia, Biphobia & Transphobia’ Survey.

The next four will be published over the remainder of March and April, with part 3 – which focuses on the places where prejudice occurs – to be published in a couple of weeks.

If you would like to receive updates of these results, please sign up to this blog: on mobile, at the bottom of this page, or on desktop at the top right-hand corner of the screen.

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If this post has raised any issues for you, you can contact:

  • QLife, Australia’s national telephone and web counselling and referral service for LGBTI people. Freecall: 1800 184 527, Webchat: qlife.org.au (3pm to midnight every day)
  • Lifeline: 13 11 14, lifeline.org.au

Footnotes:

[i] The first was published two weeks ago: The State of Homophobia, Biphobia & Transphobia Survey Results, Part 1: Verbal Harassment and Abuse

[ii] Only people who answered yes to question 1 were provided with an opportunity to answer question 2, with 430 people completing the second question and 302 (70%) indicating they had not experienced physical abuse or violence because of their sexual orientation, gender identity or intersex status in the past 12 months.

[iii] Question 1: 78 yes/246 no. Question 2: 21 yes/56 no.

[iv] Question 1: 220 yes/419 no. Question 2: 52 yes/168 no.

[v] Question 1: 76 yes/445 no. Question 2: 34 yes/43 no.

[vi] Question 1: 125 yes/247 no. Question 2: 58 yes/65 no.

[vii] Question 1: 7 yes/8 no. Question 2: 5 yes/2 no. Note that, given the low number of respondents, the proportions re intersex status must be treated with caution. For this reason, intersex status is also omitted from some of the discussion/analysis throughout the article.

[viii] Question 1: 133 yes/358 no. Question 2: 59 yes/75 no.

[ix] Other figures for people who identified as both transgender and another category:

-Transgender and lesbian: 30.2% lifetime abuse, including 14% of all trans and lesbian respondents experiencing such abuse in the last 12 months alone

-Transgender and bisexual: 26.6% lifetime abuse, 15.3% in the last 12 months, and

-Transgender and queer: 33.5% lifetime abuse, 18.1% in the last 12 months.

[x] Question 1: 22 yes/38 no.

[xi] Question 2: 9 yes/13 no.

[xii] Question 1: 165 yes/719 no. Question 2: 78 yes/86 no.

[xiii] Question 1: 144 yes/291 no. Question 2: 31 yes/114 no.

[xiv] Question 1: 110 yes/166 no. Question 2: 18 yes/91 no.

[xv] Question 1: 11 yes/25 no. Question 2: 1 yes/10 no. Note that, given the low number of respondents, the proportions re people aged 65 and over must be treated with caution. For this reason, this group is also omitted from some of the discussion/analysis throughout the article.

[xvi] Question 1: 140 yes/399 no. Question 2: 38 yes/101 no.

[xvii] Question 1: 113 yes/270 no. Question 2: 33 yes/81 no.

[xviii] Question 1: 66 yes/184 no. Question 2: 14 yes/52 no.

[xix] Question 1: 43 yes/90 no. Question 2: 19 yes/23 no.

[xx] Question 1: 34 yes/101 no. Question 2: 10 yes/24 no.

[xxi] Question 1: 22 yes/89 no. Question 2: 10 yes/12 no.

[xxii] Question 1: 8 yes/48 no. Question 2: 3 yes/5 no.

[xxiii] Question 1: 5 yes/16 no. Question 2: 1 yes/4 no. Note that, given the low number of respondents, the proportions re the Northern Territory must be treated with caution. For this reason, the NT is also omitted from some of the discussion/analysis throughout the article.

[xxiv] Full results: NSW 7.1%, Victoria 8.6%, Queensland 5.6%, WA 12.4%, SA 7.4%, Tasmania 9%, ACT 5.4%, NT 4.8%.

[xxv] In this context, lightly-edited includes:

-Removing identifying information, and

-Removing offensive (for example, racist) remarks.

I have also chosen to exclude a couple of stories where the connection between the physical abuse or violence experienced and anti-LGBTIQ motivation was not clear, and one longer story which could not be edited to retain key points without also potentially disclosing the identity of the person concerned.

[xxvi] It seems one of the lessons many learned at school was to hide or minimise visible displays of same-sex behaviour, to avoid future abuse or violence.

The State of Homophobia, Biphobia & Transphobia Survey Results, Part 1: Verbal Harassment and Abuse

With unrelenting attacks on the safe schools program, divisive debate about the proposed marriage equality plebiscite, the horrific mass murder at Pulse nightclub in Orlando and the tragic suicide of Indigenous gay youth Tyrone Unsworth, the past 12 months have undeniably been tough on members of Australia’s lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) communities.

Now we have empirical evidence to prove that last year was indeed an annus homophobicus.[i]

At the start of this year I conducted a survey of LGBTIQ Australians asking about their experiences of homophobia, biphobia, transphobia and intersexphobia in 2016, covering a range of topics including verbal harassment, physical violence, the places where prejudice occurs, and discrimination in education, employment and other areas.

Excluding responses from non-LGBTIQ people, and from LGBTIQ people outside Australia, a total of 1,672 people completed the survey in the four weeks between 26 December 2016 and 21 January 2017.

This post is the first in a series of six reporting the results of this survey, with a particular focus on three questions about the verbal harassment and abuse experienced by LGBTIQ Australians.

For many people, a number of the results will be unsurprising and yet still shocking – although, even for hardened campaigners such as myself, there are a few findings that are both depressing and disturbing, especially the varying impact of verbal harassment on different sections of the LGBTIQ community.

The State of Homophobia, Biphobia & Transphobia (4)

Question 1: Have you ever experienced verbal harassment or abuse because of your sexual orientation, gender identity or intersex status?

&

Question 2: Has one or more instances of this verbal harassment or abuse occurred in the past 12 months?

Overall, 74% of survey respondents – 1,226 people out of the 1,655 people who answered question 1 – indicated they had experienced verbal harassment or abuse because of their LGBTIQ status at some point in their life.

799 people – or 65% of respondents who answered yes to question 1[ii] – then answered question 2 by stating that at least one instance of this anti-LGBTIQ verbal harassment or abuse had occurred during the last 12 months.

Even including those who answered no to question 1, that still means 48% of all respondents reported experiencing verbal harassment or abuse in the past year alone.

These numbers might not be surprising to members of our community, but it is nevertheless shocking to confirm that 3 out of every 4 LGBTIQ Australians have been verbally harassed because of who they are, with almost half of all respondents reporting homophobic, biphobic, transphobic or intersexphobic verbal abuse in the last 12 months.

The following sections show the results to these two questions according to different demographic groupings, including LGBTIQ status, Aboriginal and Torres Strait Islander people, age, and residence by state and territory.

LGBTIQ Status

There were similarities, as well as some stark differences, in how lesbian, gay, bisexual, transgender, intersex and queer people experienced verbal harassment and abuse. Their respective answers to questions 1 and 2 are as follows:

Lesbian: 77.6% have ever experienced anti-LGBTIQ verbal harassment, and of those 68.7% indicated at least one instance during the past 12 months[iii]

Gay: 78% ever, and of those 56.5% during the past 12 months[iv]

Bisexual: 63.9% ever, of those 68.8% in last 12 months[v]

Transgender: 81% ever, of those 84.4% in last 12 months[vi]

Intersex: 88.2% ever, of those 93.3% in last 12 months[vii], and

Queer: 79.8% ever, of those 79.9% in last 12 months[viii].

Among lesbian, gay, transgender and queer respondents, the proportion that had experienced verbal harassment or abuse at some point in their lives was remarkably consistent – all falling somewhere between 77.6% and 81%. The proportion of bisexual people reporting lifetime abuse was somewhat lower, at 63.9%[ix].

However, there were much larger differences between groups in terms of experiences of anti-LGBTIQ verbal harassment and abuse over the past year.

While 43.4% of all gay respondents, and 44% of all bisexual respondents, reported verbal harassment or abuse during the last 12 months[x], this figure rose to 53.1% of all lesbian respondents (slightly above the overall average).

In terms of queer respondents the figure was higher still, at 63.9%, while for transgender people it rose again to 68.2%.

Think about that for a second: more than two-thirds of transgender people reported being verbally harassed or abused simply because of who they are in the past 12 months alone.

Further, while there is little difference between gay and transgender people in reporting lifetime verbal harassment (78% and 81% respectively), transgender people were 57% more likely to report verbal abuse over the past year.

Of course, all of these figures are far too high; no level of homophobia, biphobia or transphobia is acceptable. Nevertheless, we must not ignore the fact that, when it comes to verbal harassment and abuse over the last year, the burden has fallen much more heavily on transgender and queer Australians.

Aboriginal and Torres Strait Islander people

A total of 62 survey respondents indicated that they were Aboriginal and/or Torres Strait Islander (or 3.7% of the sample).

83.3% reported that they had ever reported verbal harassment or abuse because of their sexual orientation, gender identity or intersex status[xi]. Of those, 78% reported verbal harassment or abuse during the past 12 months[xii].

That means 65% of all Aboriginal and Torres Strait Islander LGBTIQ respondents reported homophobic, biphobic, transphobic or intersexphobic abuse during the last 12 months, significantly above the national average and placing them at similar risk to transgender and queer Australians.

Age

The survey asked respondents to nominate their respective cohort: 24 and under; 25 to 44; 45 to 64; or 65 and over. The answers provided by these different groups were relatively similar for question 1, although varied greatly for question 2.

Have you ever experienced verbal harassment or abuse because of your sexual orientation, gender identity or intersex status?

  • 24 and under: 70.6% yes[xiii]
  • 25 to 44: 78.2% yes[xiv]
  • 45 to 64: 79.5% yes[xv], and
  • 65 and over: 69.4% yes.[xvi]

Prima facie, the fact the figures for people aged under 25 are slightly lower than the two generations that preceded them might seem encouraging.

However, looked at in a different way, they are a cause for serious alarm: in 2017, a young LGBTIQ person is almost as likely to have experienced homophobic, biphobic, transphobic or intersexphobic verbal abuse at some point in their comparatively shorter life as someone with 20 or even 40 more years life experience.

This concern is borne out by the answers to the second question:

Has one of more instances of this verbal harassment or abuse occurred in the past 12 months?

  • 24 and under: 74.5% yes[xvii]
  • 25 to 44: 58.9% yes[xviii]
  • 45 to 64: 46.1% yes[xix], and
  • 65 and over: 33.3% yes[xx].

The net effect of these two questions reveals that 54.6% of all respondents aged 24 or under have been verbally harassed or abused because of who they are in the last year, compared to 46.1% of respondents aged 25 to 44 and 36.3% of respondents aged 45 to 64.

To put it another way: young LGBTIQ Australians were 50% more likely to be subject to homophobic, biphobic, transphobic or intersexphobic verbal harassment and abuse in 2016 than LGBTIQ people aged 45 to 64.

This result simultaneously proves and undermines the ‘It Gets Better’ message – yes, it gets better for individuals as they grow older, but, on the basis of these findings, it does not seem it has gotten significantly better for young LGBTIQ people today.

Personally, I believe this result at least partially reflects the fallout of attacks on the safe schools program by religious fundamentalists and right-wing extremists, with a potentially devastating impact on young LGBTIQ people, many of whom are only beginning their journey toward self-understanding and self-acceptance, and consequently may be lacking the same resilience as their older counterparts.

State or Territory of Residence

In contrast to the significant differences in results based on age, the levels of anti-LGBTIQ verbal harassment and abuse reported in different jurisdictions around Australia were remarkably consistent. The respective answers to question 1 and 2 are as follows:

New South Wales: 74% have ever experienced anti-LGBTIQ verbal harassment, and of those 64.8% indicated at least one instance during the past 12 months[xxi]

Victoria: 74.1% ever, and of those 67.3% during the past 12 months[xxii]

Queensland: 76.2% ever, of those 63% in last 12 months[xxiii]

Western Australia: 76.3% ever, of those 65.5% in last 12 months[xxiv]

South Australia: 71.1% ever, of those 66% in last 12 months[xxv]

Tasmania: 70.3% ever, of those 77.9% in last 12 months[xxvi]

Australian Capital Territory: 73.2% ever, of those 51.2% in last 12 months[xxvii], and

Northern Territory: 76.2% ever, of those 56.3% in last 12 months[xxviii].

Including those who answered no to question 1, this means for most states and territories the proportion of LGBTIQ people reporting verbal harassment or abuse in the last 12 months was between 42.9% (NT) and 50% (WA)[xxix].

The jurisdiction with the lowest incidence of homophobic, biphobic, transphobic or intersexphobic verbal abuse in the last year was the ACT at 37.5%; the highest was Tasmania at 54.1% of all respondents.

Of course, while the rates of anti-LGBTIQ verbal harassment may be similar across Australia, the options available to victims of such abuse vary considerably.

Only four jurisdictions offer any legal protections against vilification to the LGBTI community (NSW, Queensland, Tasmania and the ACT[xxx]). With no equivalent to section 18C of the Racial Discrimination Act 1975 contained in the Sex Discrimination Act 1984, LGBTI people in Victoria, Western Australia, South Australia and the Northern Territory are not protected against vilification at any level[xxxi].

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Question 3: If you feel comfortable, please provide an example of this homophobic, biphobic, transphobic or intersexphobic verbal harassment or abuse [Optional]

This question allowed respondents to provide an example of the verbal harassment or abuse they had received, irrespective of when it had occurred.

A large number of LGBTIQ respondents took up this opportunity, and the results are sobering, and frequently heart-breaking, to read. A lightly-edited[xxxii] version of these comments can be found at the following link:

question-3-verbal-harassment-and-abuse-comments [PDF]

I encourage you to take the time to read the survey respondent’s very personal stories of homophobic, biphobic, transphobic and intersexphobic abuse, of them experiencing verbal harassment simply because of who they are.

Ideally, conservative and/or right-wing politicians, many of whom claim that anti-LGBTIQ prejudice either doesn’t exist, or is no longer a serious problem, would read them too. If they did, they would have their ‘relaxed and comfortable’ ideas shattered by the irrefutable evidence provided via these real-life stories.

From my perspective, some of the derogatory comments related to sexual orientation that stood out include:

“I was just coming out of a convenience store and walked past this man who was staring at me. Then suddenly he started screaming “Faggot, faggot!!” at me. No one around me said or did anything. I just tried to not react and get away as soon as I could.”

“I normally get something once a year. Walking down the street in Brisbane, my (now) husband and I were shouted at by a couple of blokes who started by saying: ‘you have got to be fucking kidding’ in reference to the fact we were holding hands.”

“I recently saw two young gay men, a couple, who were walking up Chapel Street holding hands. A group of 3 older men were harassing them, following them. I joined the 2 gay men and told them to cross the road and ignore the others. I was then also subjected to the same vitriol with comments such as ‘there’s another one’ and ‘look at the 3 poofters’. We walked into a crowded shop and they didn’t follow us. I was extremely upset by this as were the 2 other younger fellows.”

“I was in my Drs surgery last year & I was abused, & my children were abused, by another patient. My Dr had to drag him away. Some of the names I was called were pervert, deviant, faggot. My kids were called queer, sexually perverted and confused.”

“A co-worker was informed that I identify as bisexual. She berated me openly, saying that I was merely attention seeking and that my children would be very confused adults with such poor guidance in life. She then contacted my husband through social media and told him to take my children and leave because raising them with a mentally ill person was dangerous.”

Transphobic harassment, and verbal abuse on the basis of gender identity, was also disturbingly widespread:

“Public name calling outside a local pub, shouting to others that I don’t have a penis… Being deadnamed in public despite being asked not to, in dismissal of transition or gender status… All in the last 3 months.”

“I was harassed outside a disabled toilet, which I went to because I was uncomfortable in gendered toilets. I overheard someone talking about a ‘faggot’ and learned they were talking about me. I was called transsexual repeatedly against my will by someone. Constant misgendering, deadnaming and disrespect on a daily basis just for being me…”

“Without going into detail, I have been referred to as a tranny, and had both my sexuality and gender identity mocked and invalidated repeatedly. I have been told to kill myself an innumerable amount of times, including being told to ‘get my teeth and gender straight or kill myself’, and that my gender is ‘cancer’. This is just a short list of the abuse I’ve suffered.”

“Demeaning laughter. Hostile stares. Derogatory language (eg ‘faggot’, ‘it’), usually just spoken audibly to others in front of me occasionally yelled from cars. Deliberate misgendering. I’ve noticed increased hostility from authority figures (eg ticket inspectors) in response to me looking more identifiably trans also. When I was closeted, I used to find people making transphobic jokes in front of me a common and painful experience.”

“Because of my choice of clothing/hairstyle I get called shemale. Heshe. Thing. It. Freak. Pervert. Dyke. Faggot. And that’s just the shortlist, and the most common insults I deal with, especially when I go clothes shopping or use a public restroom.”

This story was worrying, both because of the source of the discriminatory comments, but also because of the lack of action by authorities:

“I’m a pre-service teacher (still in university completing a bachelor). While on one of my teaching placements I received verbal harassment intermittently from the year 6 classes. When I reported this I was underwhelmed by the response from the faculty, both at my teaching school and the university faculty. The underlying cause of transphobic slurs directed towards me was undermined by only addressing ‘disrespect’ and they refused to address anything extending from that. When I expressed my concern in not addressing homophobia and transphobia directly I was met with hostility from the faculty, which made my teaching the remaining 3 weeks very uncomfortable.”

The most common story shared in response to this question concerned homophobic, biphobic or transphobic abuse from people in passing cars: at least 78 different comments cited this type of harassment.

This is both an extraordinary total, and an extraordinary indictment of the kind of person who would engage in the behaviour of shouting anti-LGBTIQ abuse at strangers from the safety, comfort and anonymity of their vehicles.

A typical story related to this type of harassment: “Minding my own business at a train station waiting to be picked up and a car full of guys and girls were yelling out ‘faggot’ to me just because they didn’t like the look of me.”

Although perhaps my favourite comment (for reasons that will soon become obvious) was this: “I was on a date walking with the guy and a guy started yelling at us from his car while he was driving, he lost control of the car and crashed into a sign.” #karma

Another common story was homophobic, biphobic or transphobic harassment on public transport, including trains, buses, trams and even taxis: at least 34 comments reported this kind of abuse. This included:

“Frequent dirty looks in public. Once on a bus (my partner and I were holding hands and talking) a woman stood up from her seat [and] said loudly that ‘we didn’t need to rub our sexuality in everyone’s face’ and moved to a seat further away from us.”

“On a packed train going home and one man took offense to another man’s skin was touching him (we were crammed in together… everyone was touching everyone). He started screaming about how the next person doing ‘any more gay shit’ to him was going to cop it. And screamed at the poor man who tried to defend himself. Anyone who tried to get him to calm down was met with homophobic language and threats. It was very scary.”

“(I’m a trans man, my husband is a cis man – we married and had a daughter before I transitioned). Just last week my husband and I were boarding a bus to the local shopping centre with our 4 year old daughter in tow. The myki machine was taking a bit of time to read each card. A man behind us shouted ‘move it, faggots!’ at us several times. Our daughter became visibly upset. No one stepped in to help or say anything. The man spent the entire bus ride glaring at us and making snide comments to the person in front of him.”

Perhaps most disappointing about the comments in response to question 3 was the fact approximately 20 people described homophobia, biphobia or transphobia from other members of the LGBTIQ community. This was particularly aimed at bisexual people, and to a slightly lesser degree transgender people[xxxiii]. For example:

“Told I’m greedy for being bi, that bisexuality is an excuse to hide that I’m ‘actually gay’, told that I’m a disgrace to the LGBT+ community for ‘not being able to decide’/’pick a side’…”

“Mostly it’s been lesbians telling me that bisexuals are just straight people trying to be trendy and undermining my identity…”

“There have been quite a few instances over the years where people have learned my sexuality and gone on a rant on how disgusting it is, and in some instances behaved threateningly while doing so. This comes from both non-LGBT+ and LGBT+ people.”

“Spat on in a gay bar for being transgender. Called a freak and told to kill myself. Been told I’m not a real man.”

If we are going to campaign for the elimination of homophobia, biphobia, transphobia and intersexphobia from society, then it is incumbent upon us to do better on these issues within our own communities, too.

One small positive from the responses to question 3: the old stereotype of gay man (or trans person) as ‘paedophile’ appears to be fading away, with only eight comments including this description as an element of the verbal harassment or abuse received. That particular form of abuse cannot die soon enough.

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Conclusion

The results of this survey suggest that 3 out of every 4 LGBTIQ Australians have experienced homophobic, biphobic, transphobic or intersexphobic verbal harassment or abuse at some point in their lives.

The survey also confirms that 2016 was a bad year for the LGBTIQ community, with 48% of people reporting that at least one instance of this anti-LGBTIQ verbal abuse occurred in the past 12 months.

These figures are unacceptably high to begin with, but we must also not overlook the fact these proportions are higher still for several groups within the LGBTIQ community who are particularly vulnerable:

  • Transgender individuals were 57% more likely to report verbal harassment and abuse in the past 12 months than gay people
  • Queer individuals were 47% more likely than gay people to experience recent verbal abuse
  • Almost two-thirds of Aboriginal and Torres Strait Islander respondents were subject to homophobic, biphobic or transphobic verbal harassment throughout the course of the past year, and
  • LGBTIQ people aged 24 or under were 50% more likely to have experienced recent verbal abuse than their counterparts aged 45 to 64.

These statistics show that the state of homophobia, biphobia and transphobia in Australia, in 2017, features far more anti-LGBTIQ verbal harassment than any of us would like. The stories shared in response to question 3, detailing personal accounts of this abuse, powerfully reinforces this fact.

As noted at the beginning of this post, this has been the first in a series of six articles reporting the results of my ‘The State of Homophobia, Biphobia and Transphobia’ survey.

The next five, which focus on physical abuse or violence, the places where prejudice occurs, and discrimination in education, employment and other areas, will be published during March and April.

If you would like to receive updates of these results, please sign up to this blog: on mobile, at the bottom of this page, or on desktop at the top right-hand corner of the screen.

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If this post has raised any issues for you, you can contact:

  • QLife, Australia’s national telephone and web counselling and referral service for LGBTI people. Freecall: 1800 184 527, Webchat: qlife.org.au (3pm to midnight every day)

Footnotes:

[i] See 2016: Annus Homophobicus.

[ii] Only people who answered yes to question 1 were provided with the opportunity to answer question 2, with 1,220 people completing the second question and 421 people (or 35%) indicting they had not experienced verbal harassment or abuse because of their sexual orientation, gender identity or intersex status in the past 12 months.

[iii] Question 1: 253 yes/73 no. Question 2: 173 yes/79 no.

[iv] Question 1: 501 yes/141 no. Question 2: 280 yes/216 no.

[v] Question 1: 333 yes/188 no. Question 2: 229 yes/104 no.

[vi] Question 1: 303 yes/71 no. Question 2: 255 yes/47 no. For those respondents who identified as both trans and bisexual, this figure was even higher – 86.3% reporting lifetime abuse. Queer trans respondents also reported higher rates (86.2% lifetime abuse).

[vii] Question 1: 15 yes/2 no. Question 2: 14 yes/1 no. Note that, given the low number of respondents, the proportions re intersex status must be treated with caution. For this reason, intersex status is also omitted from some of the discussion/analysis throughout the article.

[viii] Question 1: 394 yes/100 no. Question 2: 314 yes/79 no.

[ix] Without additional information, it is difficult to reach any firm conclusions about why this is the case, although one factor may be historically lesser visibility of bisexuality (which may reduce verbal harassment and abuse, but also exacerbates exclusion and isolation).

[x] Noting that this calculation includes the numbers of respondents who answered no to question 1.

[xi] Question 1: 50 yes/10 no.

[xii] Question 2: 39 yes/11 no.

[xiii] 627 yes/261 no.

[xiv] 341 yes/95 no.

[xv] 221 yes/57 no.

[xvi] 25 yes/11 no. Note that, given the low number of respondents, the proportions re people aged 65 and over must be treated with caution. For this reason, this group is also omitted from some of the discussion/analysis throughout the article.

[xvii] 485 yes/141 no.

[xviii] 201 yes/140 no.

[xix] 101 yes/118 no.

[xx] 8 yes/16 no.

[xxi] Question 1: 401 yes/141 no. Question 2: 259 yes/141 no.

[xxii] Question 1: 286 yes/100 no. Question 2: 191 yes/93 no.

[xxiii] Question 1: 192 yes/60 no. Question 2: 121 yes/71 no.

[xxiv] Question 1: 116 yes/36 no. Question 2: 76 yes/40 no.

[xxv] Question 1: 96 yes/39 no. Question 2: 62 yes/32 no.

[xxvi] Question 1: 78 yes, 33 no. Question 2: 60 yes/17 no.

[xxvii] Question 1: 41 yes/15 no. Question 2: 21 yes/20 no.

[xxviii] Question 1: 16 yes/5 no. Question 2: 9 yes/7 no. Note that, given the low number of respondents, the proportions re people in the Northern Territory must be treated with caution.

[xxix] Full results (reporting verbal harassment of abuse in the past 12 months, all respondents):

  • NSW 47.8%
  • Victoria 49.5%
  • Queensland 48%
  • WA 50%
  • SA 45.9%
  • Tasmania 54.1%
  • ACT 37.5%
  • NT 42.9%

[xxx] Although NSW does not include vilification protections for bisexual or intersex people, and Queensland does not protect intersex people.

[xxxi] Obviously, depending on the circumstances of the verbal harassment or abuse, only some of the responses given to the survey would fit the legal definition of vilification, irrespective of the ground on which it was based.

[xxxii] Comments were edited to, amongst other things:

-Remove identifying information

-Remove defamatory comments, and

-Remove offensive remarks (for example, deleting explicitly racist comments and/or unnecessary descriptions of a person’s race).

[xxxiii] Although I was particularly disturbed by a small number of respondents who included transphobic comments in their answers to question 3 itself, which were subsequently edited to remove the most offensive elements.

The GLORIAs 2015

The GLORIAs – the Gay or Lesbian Outrageous, Ridiculous or Ignorant (Comment) Awards – were held again at NSW Parliament House on Tuesday 10 November 2015.

Organised by Penny Sharpe MLC, hosted by David Marr, and with entertainment provided by Barbra Blacksheep, the event is an annual opportunity to highlight the ongoing serious issue of homophobia, biphobia, transphobia and intersexphobia by making fun of what are, frankly, some of the most stupid and downright offensive things said in public life over the past year or so.

There are five main categories, with the overall ‘winner’ of the Golden GLORIA decided by a ‘boo-off’. Here are the nominees and winners of this year awards:

The most OUTRAGEOUS, RIDICULOUS or IGNORANT comment from the INTERNATIONAL category:

  • Kentucky county court clerk Kim Davis, who has refused to issue marriage licences to same-sex couples
  • Anti-gay radio host Bryan Fisher who compared a clerk who refuses to issue marriage licences to same-sex couples to a ‘clerk at Auschwitz’ who refused to murder Jews
  • Ghanaian presidential hopeful George Boateng, who declared: “There is too much indiscipline in Ghana, under my presidency when a corrupt person, gay or lesbian are arrested the law will make it possible for the courts to sentence the offender to death by firing squad”
  • Ed Straker, senior writer of com, the conservative news site, writing about the ‘Rainbow Doritos’: “Doritos are a product marketed to children, so they make the perfect gateway snack to introduce children to the joys of homosexuality”
  • Texas Governor Rick Perry: “I may have the genetic coding that I’m inclined to be an alcoholic, but I have the desire not to do that – and I look at the homosexual issue the same way”
  • Former French President Nicolas Sarkozy criticised his country’s same-sex marriage law saying he “detested” the way he feels his successor, Francois Hollande, and his Socialist government “forced” the same-sex marriage bill into law in 2013. The thrice-married Sarkozy said he feels the statute is “humiliating families and humiliating people who love the family”
  • Islamic State militants have reportedly murdered two more men for the ‘crime’ of being gay in an unnamed town in Iraq’s Nineveh province
  • Rapper Azealia Banks tweeted that the “LGBT community (GGGG) are like the gay white KKK’s. Get them some pink hoods and unicorns and let them rally down rodeo drive”
  • Kazakh Party Leader Bolashak: “I think it is very easy to identify a gay person by his or her DNA. A blood test can show the presence of degeneratism in a person”

And the winner was: Kim Davis. A well-deserved honour for someone who misguidedly thinks she is a martyr simply for refusing to do the straight-forward job of treating people equally.

MEDIA

  • The Daily Telegraph for the front page “Gay Class Uproar – Parents outraged as Sydney school swaps lessons for PC movie session”
  • Germaine Greer for her views on trans* women: “I didn’t know there was such a thing [as transphobia]. Arachnophobia yes. Transphobia, no.” “It seems to me that what was going on there was that [Caitlyn Jenner] he/she wanted the limelight that the other, female, members of the family were enjoying and has conquered it, just like that” … “Just because you lop off your dick and then wear a dress doesn’t make you a fucking woman. I’ve asked my doctor to give me long ears and liver spots and I’m going to wear a brown coat but that doesn’t turn me into a fucking cocker spaniel… A man who gets his dick cut chopped off is actually inflicting an extraordinary act of violence on himself.”
  • Piers Akerman for telling a kid with two mums she is not normal: “Statistically, you are not in a ‘normal’ family, no matter how many LGBTIQ-friendly docos you may be forced to watch by politically-driven school principals”
  • Andrew Bolt: “Truth is that marriage – the institution, tradition and ceremony – are indeed all public matters. Marriage is a social, not private, construct to bind men to women for the sake of their children, so that the next generations are properly socialised to the benefit of all”
  • Keith Wheeler, writing in the Wagga Daily Advertiser: [the ‘No’ campaign in a marriage equality plebiscite should] “remind Australians that gay marriage would be encouraging homosexuality… AIDS and HIV are at a 20 year high. Perhaps the ‘grim reaper’ advertisements need revival as a reminder of the consequences of homosexual sex. … Australians should consider the plight of adopted children and those needing foster care, being sent to a homosexual home. Changes to marriage laws will change Australian society forever.”
  • Melbourne GP, Dr Jereth Kok who wrote in a piece titled “A medical perspective on transgender”, that Christians should have empathy for these “broken people” but must understand that sex reassignment therapy is a “sophisticated and cruel myth”
  • Miranda Devine for her blog that only just missed out on the nominations for last year’s GLORIAs ‘But woe betide the player who “offends the gods of homosexuality… Let’s get one thing straight. ‘Gay’ no longer just means ‘homosexual’. The word has changed meaning over the last decade. Young people use ‘gay’ to mean lame, or dumb or stupid, as in: “That’s so gay…” So why is anyone pretending that what Mitchell said had anything to do with homosexuality? It didn’t”
  • Des Houghton writing in the Courier Mail: “Even people who like me who don’t go to church should be appalled that the gay lobby seeks to trample on their rights and customs in the name of equality. The media luvvies see gay marriage is another trendy fad like chai latte with yak milk and Lycra bike shorts. I’m tired of being lectured by people like Penny Wong who insist we must all roll over and toe the gay line in the name of equality. She and her followers demand we must agree that homosexuality is a good thing, and that it would be a good thing for homosexual couples to raise other people’s children. Enough already”
  • Piers Akerman (again): “I for one, am heartily sick of the constant pro-gay marriage propaganda from the homosexual lobby and its media mouthpieces at the ABC and Fairfax. They have gone a long way toward destroying the natural family relationship of a husband and wife and a child or children… It is plain wrong to make the claim that redefining marriage to include consenting partners of the same sex is a mere bagatelle. It is not. It is a gravity-defying act”

Amid such fierce competition, the winner was perhaps always going to be Germaine Greer.

POLITICS/LAW

  • Senator Eric Abetz for allegedly telling the Liberal Party room: “Lots of homosexuals don’t want to get married, Dolce & Gabbana never got married.”
  • NSW Premier Mike Baird for saying he did not believe the film [Gayby Baby] belonged in the classroom: “I think tolerance is a good thing. But I think there should be some parameters around it.”
  • A tweet by North Queensland federal MP George Christensen that linked US gun laws to the legislation of same-sex marriage: “I’m wondering how many people who look to USA and say we should follow them on “gay marriage” because they’re America the Great would want us to follow their lead on the right to bear arms?”
  • Fred Nile: “The homosexual movement is aggressively aiming to normalise their agenda, lifestyle and ideologies into our society. I urge the Government to do the right thing by the majority of parents who do not want their children exposed [to] the queer and homosexual ideologies. This issue has inevitable detriments and consequences.”
  • Fred Nile (again) for a speech in the NSW Parliament about the Safe Schools Coalition: “The material encourages a mindset of sexual exploration as if the very process of exploration were without risk, and is unashamedly driven by an agenda to promote homosexuality amongst children… So many Australians are disgusted at the sickening agenda behind the Safe Schools program. The program is absolutely abhorrent and disgusting in that it would normalise anal sex, oral sex, chest binding and homosexual sex.”
  • Agriculture Minister Barnaby Joyce for warning us that Asia could see Australia as “decadent” if same-sex marriage is legalised, potentially damaging negotiations and out trading relationship in the region.”
  • NSW Education Minister, Adrian Piccoli for issuing a ministerial memorandum to the State’s Principals ordering that: “Gayby Baby must not be shown in school time so that it does not impact on the delivery of the planned lessons.”

A surprising result in this category, with NSW Premier Mike Baird winning (personally, I thought the second of Fred Nile’s quotes, attacking the Safe Schools Coalition, was far more offensive).

RELIGION

  • Nick Jensen and Sarah Jensen for preparing to divorce in protest against any change to the law to accommodate same-sex marriage: “My wife and I, as a matter of conscience, refuse to recognise the government regulation of marriage if its definition includes the solemnisation of same-ex couples.”
  • Rev Mark Powell, writing in Fred Nile’s newsletter: “What we are seeing is nothing less than the attempted ‘institutional grooming’ of an entire generation of young Australians. Right under our noses boys and girls are being sexualised as part of their State-funded education.”
  • Rev Robby Galatay, a conservative Tennessee pastor who implied that lesbian, gay, bisexual and transgender (LGBT) people must remain celibate or should be put to death: “God said that the sins of the people had infected the very land in which they live. So what happens to people who engage in this activity, this sexual immoral activity? Go to Leviticus 20, God gives us the punishment for engaging in these sins… They must be put to death. And their blood is on their own hands.”
  • Russian Orthodox Priest Alexander Shumsky who claimed that football players are promoting a “gay rainbow” by wearing green, pink, yellow and blue shoes. He said: “Wearing pink or blue shoes, [the players] might as well women’s panties or a bra. The liberal ideology of globalism clearly wants to oppose Christianity with football. I’m sure of it. Therefore I am glad that the Russian players have failed and, by the grace of God, no longer participate in this homosexual abomination.”
  • Foundation Christian College Principal Andrew Newhouse for telling the father of a seven-year-old girl she would not have been welcome had it known her parents were gay: “The board also has a strong view that families with same-sex parents do not support a Christian world view… I mentioned to the parent that if his daughter was to continue this topic of discussion with his peers, then it would be in both his and his daughter’s interests to move to a school that would support his world view.”
  • Lyle Shelton and the Australian Christian Lobby for its campaign against the Safe Schools Coalition. “Dressed up as an anti-bullying program, it encourages children to cross-dress at school and demands the school accept this. Children are presented with information that downplays the danger of sexually transmitted diseases and introduced to concepts every thinking parent hopes they won’t Google us. Its ‘seven-ways-to-bind your chest’ advice to girls is one of the most shocking things I’ve ever seen done in the name of a government program.”
  • Australian Marriage Forum’s David van Gend for comparing marriage equality to slavery: “The Supreme Court’s slavery decision was eventually repented of and reversed, just as the homosexual ‘marriage’ decision will have to be repented of and reversed – but after how much social damage is done?”

Another surprising winner in this category, with Sarah and Nick Jensen taking out the honours. And, while their commitment to divorce should other people enjoy the same rights as them is no doubt stupid, I would have much preferred either Lyle Shelton of the Australian Christian Lobby, or Foundation Christian College Principal Andrew Newhouse, to collect the gong.

SPORT

  • Jacques Potgeiter for using the word ‘faggot’ multiple times during the Super Rugby Clash against the Brumbies.
  • AFL commentator Brian Taylor who said of Geelong player Harry Taylor “I don’t know whether you guys down there can hear me or not. I am up here getting ready for the game and I’ve just seen that crap from Harry – he’s a big poofter, I mean give them this one Harry” during a pre-game broadcast of Channel 7’s Saturday Night Footy show.
  • Sam Newman for saying that Michael Sam’s draft kiss was an “annoyingly gratuitous act”, and that “no heterosexuals do that when they are drafted.”

A clear winner in this category: Sam Newman – who can surely now tick off homophobia as part of the lifelong game of ‘bigot bingo’ he appears to be playing.

GOLDEN GLORIA

The ‘boo-off’, from the above five winners, came down to two clear crowd favourites. And, despite the vocal jeers from people in the room who wanted to see Mr Baird win (possibly from the same people who wanted to see him lose at the State election last March), the winner, with an exceptionally loud, and sustained, boo, was Germaine ‘Gloria’ Greer.

It must be said that no-one in the history of the GLORIAs has ever campaigned so long and so hard to win the top honour, with Ms Greer making repeated, unjustified and downright malicious attacks on the trans community throughout the eligibility period of 2014 and 2015.

Now it is on to 2016 and, while we are always hopefuly there will be fewer homophobic, biphobic, transphobic and intersexphobic comments across society, sadly the fact that there is likely to be a marriage equality plebiscite sometime in the next two years guarantees there will be no shortage of outrageous, ridiculous and ignorant commentary in the months ahead.

Germaine 'Gloria' Greer

Germaine ‘Gloria’ Greer

Submission to South Australian Law Reform Institute Consultation on Removing LGBTIQ Discrimination

South Australian Law Reform Institute

c/- salri@adelaide.edu.au

Monday 6 July 2015

 

To whom it may concern,

Submission to South Australian Law Reform Institute Consultation on Removing LGBTIQ Discrimination from South Australian Laws

Thank you for the opportunity to provide this submission to the South Australian Law Reform Institute (SALRI) public consultation on removing discrimination against lesbian, gay, bisexual, transgender, intersex and queer people from South Australian laws.

While I am not a resident of South Australia, I am a passionate advocate for LGBTI rights, and I provide the following comments on possible ways to improve the legal situation of LGBTI people in South Australia, especially in terms of their protections under anti-discrimination law.

Specifically, I would like to suggest three major reforms to the South Australian Equal Opportunity Act 1984 (the ‘Act’), namely:

  1. Amend protected attributes to:
    1. Modernise wording around gender identity, and
    2. Genuinely include intersex status.

The Equal Opportunity Act 1984 currently provides protection to lesbian, gay and bisexual people through section 29 (and subsequent provisions of the Act), because of the definition of ‘sexuality’ in section 5: “sexuality means heterosexuality, homosexuality and bisexuality.”

While the SALRI may wish to consider whether to recommend amendments to the wording of these attributes (potentially to ‘sexual orientation’, to ensure consistency with the provisions of the Commonwealth Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013), the primary concerns around protected attributes, and how they are drafted, are in respect of transgender and intersex individuals.

For example, protections for transgender people are based on the term ‘chosen gender’, which is defined under sub-section 5(5) of the Act as: “a person is a person of a chosen gender if –

  • the person identifies on a genuine basis as a member of the opposite sex by assuming characteristics of the opposite sex (whether by means of medical intervention, style of dressing or otherwise) or by living, or seeking to live, as a member of the opposite sex…”

Based on my understanding of transgender activism, and through recent developments of anti-discrimination law within Australia, it is highly likely that using the term ‘chosen gender’, and then defining it in this way, is not best practice.

For example, the Commonwealth Sex Discrimination Act 1984 protections are instead based on ‘gender identity’, which is defined in section 4 of that Act as: “gender identity means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.”

The Commonwealth definition appears to be significantly more inclusive, especially because it does not use descriptors such as ‘opposite sex’ and therefore avoids strict gender binaries, allowing people who do not identify as either male or female to also be protected.

I suggest the SALRI consider recommending the South Australian Equal Opportunity Act 1984 be amended to incorporate the term, and definition of, ‘gender identity’ from the Commonwealth Sex Discrimination Act 1984.

In a similar way, it is possible that the drafters of subsection 5(5) of the South Australian Equal Opportunity Act 1984 believed that they were including people with intersex variations, when they wrote: “a person is a person of a chosen gender if – …

  • the person, being of indeterminate sex, identifies on a genuine basis as a member of a particular sex by assuming characteristics of the particular sex (whether by means of medical intervention, style of dressing or otherwise) or by living, or seeking to live, as a member of the particular sex.”

However, once again based on my understanding of intersex activism, and on recent developments in anti-discrimination law (particularly at the Commonwealth level, and more recently in Tasmania), it is clear that this definition is not best practice – and is, in fact, inadequate to ensure protection for people on the basis of intersex status.

For this reason, the SALRI should consider recommending that South Australia adopt the provisions of the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, which was the first anti-discrimination legislation in the world to include ‘intersex status’ as a stand-alone protected attribute.

As a result of those reforms, ‘intersex status’ is now defined in section 4 of the Commonwealth Sex Discrimination Act 1984 as: “intersex status means the status of having physical, hormonal or genetic features that are:

  • neither wholly female nor wholly male; or
  • a combination of female and male; or
  • neither female nor male.”

Adopting this definition would ensure a far larger proportion of people with intersex variations would have protection under South Australia’s anti-discrimination laws.

Obviously, as a cisgender gay man, I am not an expert on either of the grounds of gender identity or intersex status. That is why these issues have been framed as suggestions – and if this is something that the SALRI wishes to take up in more detail, it should do so in close collaboration with South Australian and/or national transgender and intersex advocacy organisations to ensure that whatever language is ultimately adopted is the best, and most inclusive, possible.

  1. Remove broad exceptions granted to religious organisations

The current exceptions which are offered to religious organisations in the Equal Opportunity Act 1984 are overly generous, and their scope should be significantly narrowed.

Section 50 of the Act provides:

Religious bodies

1. This Part does not render unlawful discrimination in relation to –

a. the ordination or appointment of priests, ministers of religion or members of a religious order; or

b. the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order; or

ba. the administration of a body established for religious purposes in accordance with the precepts of that religion; or

c. any other practice of a body established for religious purposes that conforms with the precepts of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

While both subsections 50(1)(a) and (b) appear to be necessary to protect the genuine exercise of freedom of religion, subsection 50(1)(ba) would only be justified on this basis if it was limited to the operation of explicitly or overtly religious bodies (like churches) and should not apply to other institutions which may be operated by religions but which have a different primary purpose (for example, schools, hospitals, aged care services or other community services).

Subsection 50(1)(c) is also completely unjustifiable given it provides what amounts to essentially a ‘blank cheque’ to organisations that are operated by religious groups to discriminate against lesbian, gay, bisexual or transgender (LGBT) South Australians, both in employment and in service delivery.

There should not be a general right to discriminate against LGBT people, across multiple areas of public life like education, health, aged care or community services, simply because of the religious beliefs of certain individuals or organisations. LGBT South Australians deserve the right to access services, and to apply for or undertake employment, in the public sphere without the threat of being discriminated against solely on the basis of who they are.

The Commonwealth Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, which specifically excluded religious exceptions from applying to LGBT people accessing aged care services operated by religious organisations, has successfully demonstrated that:

  1. It is possible to restrict these religious exceptions in law, and
  2. After two years of operation, there have been no practical problems in the application of such provisions.

Even more relevantly, the Tasmanian Anti-Discrimination Act 1998 has not granted explicit exceptions to protections on sexual orientation, gender identity or intersex status to religious organisations – and this approach has also worked well over the past decade.

For example, under the Tasmanian legislation, religious organisations have traditionally only been allowed to discriminate in terms of:

  1. Employment based on religion (section 51)[1] or
  2. Participation in religious observance (section 52)[2].

I suggest that the SALRI consider the long-standing Tasmanian exceptions, which do not allow for general discrimination against LGBTI people on the basis of their sexual orientation, gender identity or intersex status, but only on the grounds of religious belief or activity, as a ‘best practice’ guide to help reform the South Australian Equal Opportunity Act 1984 and therefore improve the anti-discrimination protections which are offered to LGBTI South Australians.[3]

  1. Introduce anti-vilification protections for LGBTI South Australians

The final suggestion relates to the issue of anti-lesbian, gay, bisexual, transgender and intersex vilification.

Specifically, it is to recommend the creation of anti-vilification laws, on the basis of sexual orientation, gender identity and intersex status, which are equivalent to the race-based anti-vilification provisions of the South Australian Racial Vilification Act 1996[4].

To put it bluntly, there is no justification whatsoever to have anti-vilification laws which protect people from racist vilification, but to simultaneously not have anti-vilification laws which apply to homophobia, biphobia, transphobia and intersexphobia.

Homophobia, biphobia, transphobia and intersexphobia are just as unacceptable, and, most importantly, just as harmful, as racism – with significant impacts on the mental health of young LGBTI people in particular. If, as a community, we have (or in this case, South Australia, has) resolved to outlaw racist vilification, then similar laws should also be used to outlaw homophobic, biphobic, transphobic and intersexphobic vilification.

Currently, four Australian jurisdictions (NSW, Queensland, the ACT and Tasmania) have anti-vilification laws which cover (at least some of) the lesbian, gay, bisexual, transgender and intersex communities.

However, given neither the Commonwealth Sex Discrimination Act 1984, nor South Australian law, have any vilification protections on these grounds, none of the LGBTI communities in South Australia have any legal protection from similar conduct.

This situation should change – and I suggest the SALRI recommend the creation of new anti-vilification laws which prohibit vilification on the basis of sexual orientation, gender identity and intersex status.

The past 18 months have seen an extensive community conversation about race-based vilification laws at the Commonwealth level, and specifically whether section 18C of the Racial Discrimination Act 1975 should be repealed, amended or retained.

The outcome of this debate appears to be relatively strong community support for the retention of section 18C. As such, I believe the SALRI should take advantage of this moment to recommend that another marginalised group within Australian society should be offered the same shield against conduct which is similarly destructive.

Thank you again for the opportunity to make a submission to the South Australian Law Reform Institute (SALRI) public consultation on removing discrimination against lesbian, gay, bisexual, transgender, intersex and queer people from South Australian laws.

I look forward to the outcome of this consultation, and to the consequent improvements to South Australia’s laws – hopefully including the reforms to the Equal Opportunity Act 1984 recommended in this submission.

Sincerely,

Alastair Lawrie

[1] “Section 51: Employment based on religion.

(1) A person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to employment if the participation of the person in the observance or practice of a particular religion is a genuine occupational qualification or requirement in relation to the employment.

(2) A person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to employment in an educational institution that is or is to be conducted in accordance with the tenets, beliefs, teachings, principles or practices or a particular religion if the discrimination is in order to enable, or better enable, the educational institution to be conducted in accordance with those tenets, beliefs, teachings, principles or practices.”

[2] “Section 52: Participation in religious observance.

A person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to –

  • the ordination or appointment of a priest; or
  • the training and education of any person seeking ordination or appointment as a priest; or
  • the selection or appointment of a person to participate in any religious observance or practice; or
  • any other act that –
    • is carried out in accordance with the doctrine of a particular religion; and
    • is necessary to avoid offending the religious sensitivities of any person of that religion.”

[3] However, I do not believe there is any reason to include the recently added, unnecessary – and unnecessarily discriminatory – provisions included in section 51A of the Tasmanian Act which state: “Section 51A. Admission of person as student based on religion.

(1) A person may discriminate against another person on the ground of religious belief or affiliation or religious activity in relation to admission of that other person as a student to an educational institution that is or is to be conducted in accordance with the tenets, beliefs, teachings, principles or practices of a particular religion.

(2) Subsection (1) does not apply to a person who is enrolled as a student at the educational institution referred to in that subsection.

(3) Subsection (1) does not permit discrimination on any grounds referred to in section 16 other than those specified in that subsection.

(4) A person may, on a ground specified in subsection (1), discriminate against another person in relation to the admission of the other person as a student to an educational institution, if the educational institution’s policy for the admission of students demonstrates that the criteria for admission relates to the religious belief or affiliation, or religious activity, of the other person, the other person’s parents or the other person’s grandparents.”

[4] Section 4 of the SA Racial Vilification Act provides: “Racial vilification. A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of their race by –

  • threatening physical harm to the person, or members of the group, or to property of the person or members of the group; or
  • inciting others to threaten physical harm to the person, or members of the group, or to property of the person or members of the group.

Maximum penalty:

If the offender is a body corporate – $25 000.

If the offender is a natural person – $5 000, or imprisonment for 3 years, or both.”

No Homophobia No Exceptions Facebook Page

As I have written previously, I strongly believe that, long after marriage equality has been won in Australia, we, the members of the LGBTI community, will still be fighting for the right not to be discriminated against, in public life, by religious organisations (see: https://alastairlawrie.net/2014/02/26/the-last-major-battle-for-gay-lesbian-legal-equality-in-australia-wont-be-about-marriage/).

The campaign to remove the special rights which are given to religious organisations to discriminate against us in health, education, community services and elsewhere will be a long one – and we will not win it unless we start taking action now.

As part of that much larger battle, today I have started my own small Facebook page, called No Homophobia No Exceptions, with the aim of drawing attention to this issue and, where possible, to campaign for an end to religious exceptions in Commonwealth, state and territory anti-discrimination laws.

If you support this campaign, I encourage you to like the page: https://www.facebook.com/lgbtiantidiscrimination I have also included below the short, and long, description of the page for your information.

NHNE profile pic

Short Description

Online campaign for the removal of religious exceptions to LGBTI anti-discrimination laws.

Long Description

No Homophobia No Exceptions is a page dedicated to fighting against homophobia, biphobia, transphobia and intersexphobia.

Its primary goal is the removal of exceptions to anti-discrimination laws, including the Commonwealth Sex Discrimination Act 1984 and NSW Anti-Discrimination Act 1977, which allow religious organisations to discriminate against members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

No Homophobia No Exceptions also supports broader law reform to ensure that all members of the LGBTI community have access to anti-discrimination protections (for example, intersex status is only covered federally and in Tasmania, Western Australian legislation only includes trans people who have had gender reassignment, and NSW law excludes bisexual people).

It also supports the introduction of comprehensive anti-vilification protections for the LGBTI community (currently, only four Australian jurisdictions include some form of LGBTI vilification laws, and most only apply to some sections of the community).

Finally, No Homophobia No Exceptions recognises that the fight against homophobia, biphobia, transphobia and intersexphobia will not be won with legislation alone. As a result, this page aims to shine a light on examples of discrimination against the LGBTI community, both to campaign for them to be redressed, and as part of the wider cultural movement for LGBTI equality and acceptance.

#NoHomophobiaNoExceptions

If you support this campaign, please like: https://www.facebook.com/lgbtiantidiscrimination Thanks, Alastair