Submission to Victorian Government Consultation on Banning Conversion Practices

The Victorian Government is currently consulting on legislative options to ban conversion practices, including ‘ex-gay therapy’ and ‘ex-trans therapy’. Submissions close 24 November 2019, with more details here. The following is my personal submission:

 

**********

 

Thank you for the opportunity to provide this submission in response to the Discussion Paper: ‘Legislative options to implement a ban of conversion practices.’

 

I write this as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, as someone who survived five years at an explicitly homophobic religious boarding school in Queensland in the early 1990s,[i] and as someone who has written on this issue previously.[ii]

 

While I am not Victorian, given early-adopting jurisdictions will be effectively setting the standard for other states and territories to follow (including my current state of NSW), I am interested to ensure that the scheme introduced by the Victorian Government is as strong as possible.

 

On that basis, my answers to the consultation questions are as follows:

 

Do you agree with the HCC’s definition?

Would you suggest any changes?

Should the definition of conversion practices be broad enough to capture the practices that do not involve health services or counselling?

What treatments and practices should be expressly excluded from the definition?

 

The Health Complaints Commissioner’s definition appears reasonable. It is particularly important that the second part of the definition – ‘including efforts to eliminate sexual and/or romantic attractions or feelings toward individuals of the same gender, or efforts to change gender expressions’ – is retained.

 

This is because the harms caused by conversion practices arise exclusively in the context of activities trying to prevent people from identifying as lesbian, gay, bisexual or transgender.

 

There is no evidence of harmful ‘conversion practices’ in the other direction (forcing people to be LGBT), and therefore care should be taken to ensure that support services for LGBT people, and especially LGBT children and young people, are not inadvertently captured in any definition of conversion practices.

 

The definition should, however, capture anti-LGBT conversion practices outside health services or counselling. Conversion practices are basically psychological torture and as such they should not be acceptable in any context.

 

There may nevertheless be scope for increased penalties, or additional regulatory responses, where these practices occur in health services or counselling given the duty of care involved in these settings.

 

Who do you think should be protected?

Should protection be limited to children and people experiencing vulnerability? If so, what vulnerable groups should be included?

Should protection be available to all members of the community?

In what ways do you think the issue of consent is relevant to determining who should be protected?

 

I think all people should be protected, including adults. Again, my starting position is that conversion practices are psychological torture. And torture is not acceptable in any context, or with respect to any victim.

 

We should also remember that an adult who seeks out conversion practices has likely grown up in a homophobic, biphobic or transphobic environment, and that the cumulative effect of years or even decades of this bigotry and intolerance is probably the primary causative factor in them agreeing to participate in such harmful activities. It is therefore not truly free and informed consent.

 

Of course, there are some groups who are particularly vulnerable, including children as well as people with mental ill-health or other reasons for diminished legal capacity. The penalties for engaging in conversion practices aimed at these vulnerable groups could be made higher than for other adults (for example, by making the vulnerability of the victim an aggravating factor in sentencing).

 

Who do you think should be banned from providing conversion practices?

Specific professionals or persons? Or everyone who offers conversion practices?

 

These practices should be banned by anyone. There is no justification to allow psychological torture in any context.

 

There may however be reasons to provide additional regulatory responses for health practitioners, including counsellors, who engage in these practices (including referring people to these practices). This could include being suspended, or deregistered from providing any health services in the future, in addition to criminal or other penalties which apply to everyone.

 

Do you think conversion practices should be regulated wherever they occur or only in certain contexts or places?

 

If only health professionals are regulated, then again it should not matter where the conversion practices take place, because psychological torture should be prohibited wherever it occurs. It is a breach of the duty to care for patients for health practitioners to engage in these practices, or to refer others to them, in any context or place.

 

Do you think conversion practices should be regulated through criminal law, civil regulatory schemes or civil laws, or a combination of these?

What aspects of each approach would be effective in regulating conversion practices?

What aspects of each approach would be less effective in regulating conversion practices?

 

Given the abhorrent practices involved, and their harmful consequences on the lives of victims, I believe there should be criminal penalties for providing conversion practices, and for referring people to conversion practices.

 

This is a proportionate response to the seriousness of the underlying offence, and necessary to send a signal to the community that such practices will not be tolerated, any time, any where.

 

However, acknowledging the potential difficulty in criminal prosecution in these areas, these laws should be supplemented by civil regulatory sanctions, enforced by the Health Complaints Commissioner, Commissioner for Children and Young People or another similar body.

 

Finally, victims of such practices should be able to make claims of negligence against the people providing them, especially where it involves health practitioners and/or counsellors. Again, this is in recognition of the damage caused to their lives. Any laws necessary should be changed to allow this outcome, and provide financial redress for the victims.

 

What rights do you think are relevant to consider when determining how best to implement a ban of conversion practices?

Can the impact on these rights be justified in light of the harm conversion practices cause?

 

The most important rights in terms of this debate are the right to health, and the right to non-discrimination (given conversion practices are an attack on people with diverse sexual orientations and/or gender identities).

 

I acknowledge that there may be an adverse impact on freedom of religion, in that some individuals and organisations may assert that these practices are in line with their religious beliefs against LGBT identities.

 

However, their religious beliefs do not justify the imposition of psychological torture on others, including children and vulnerable people. In the same way that religious beliefs do not justify physical torture, including female genital mutilation, a position already reflected in Australian law.[iii]

 

Are there other matters that you consider critical for the design of legislation or effective implementation?

 

I reiterate my view that the approach adopted in states like Victoria will exert considerable influence on the position that will ultimately be embraced in others states and territories. As such, I strongly encourage the Victorian Government to introduce the strongest possible ban on these abhorrent practices, for the benefit of LGBT people nation-wide.

 

Thank you in advance for taking this submission into consideration. Please do not hesitate to contact me at the details supplied should you require clarification or additional information.

 

Sincerely

Alastair Lawrie

 

Footnotes:

[i] See The Longest Five Years.

[ii] See Criminalising Ex-Gay Therapy August 6, 2018; Submission to NSW Parliament Inquiry into False or Misleading Health Practices re Ex-Gay Therapy and Intersex Sterilisation 16 June, 2014.

[iii] And, hopefully, one day religious beliefs will not be used to justify male genital mutilation/circumcision either.

Stonewall 50: Bouquets & Bricks

Today marks 50 years since the Stonewall Riots, a key moment in the history of LGBTI rights activism, both in the United States and around the world.

 

In a different world I had hoped to be in New York, attending the World Pride celebrations marking this significant anniversary – although unfortunately sometimes the more mundane parts of life, like mortgage payments, have other plans.

 

I wanted to be there to pay my respects to the activists who have come before us, and on whose shoulders we stand, who have paved the way towards the improved rights and increased acceptance many of us enjoy today.

 

Even though I may not be there in person I can still honour their achievements in my own small way, on this somewhat niche LGBTI rights blog, on the other side of the globe.

 

Thank you to the brave people at the Stonewall Inn who, in the early hours of June 28 1969, fought back against police oppression, and fought to end the injustice that was ubiquitous in the lives of queer people at that time.

 

Thank you to the trans and gender diverse people, the drag queens and the people of colour who have been at the forefront of this battle from the very beginning.

 

Of course, the Stonewall Riots was not the first instance of LGBTI people fighting back against abuse and mistreatment. Thank you too to the people at Compton’s Cafeteria, and Cooper Do-nuts, and likely other instances of queer rebellion that have been lost to history, because we were not the ones who were writing it.

 

Nor was Stonewall the starting point for LGBTI rights within the United States, with groups like the Mattachine Society and Daughters of Bilitis undertaking the comparatively-boring legal reform work – but who, in doing so, took far greater risks than we could possibly appreciate today.

 

Obviously, the story of LGBTI activism did not begin and does not end with the US either (a mistake we make all-too-often, especially on anniversaries like this).

 

Thank you as well to the countless campaigners for our rights around the world, from the advocates for homosexual recognition in Germany in the second half of the 19th century, to the courageous people fighting for decriminalisation in the 69 countries where homosexuality remains illegal today (hopefully 68 later this year, if Bhutan’s upper house passes the Bill before it).

 

Looking closer to home, Australia’s most-famous instance of queer people celebrating amidst the spectre of police brutality had its own 40th anniversary just last year. Thank you to the 78ers, whose courage at that first Sydney Gay Mardi Gras helped inspire the generations here that followed.

 

Just as in the US, however, Mardi Gras was not the starting point for LGBTI rights in Australia.

 

Thank you to the people who stood up in the preceding decade, from the formation of the Homosexual Law Reform Society of the ACT in July 1969 (just one month after Stonewall, and who will celebrate their own 50th anniversary in four weeks’ time), through the early 70s activism of groups like Campaign Against Moral Persecution (CAMP for short), to the decriminalisation advocates in South Australia and elsewhere.

 

Thank you to the people who responded to the HIV/AIDS crisis in the 1980s, which decimated our community when it had only just begun to emerge from the darkness. You fought for your lives – and for all of us – and in doing so you kept the (candle)light alive.

 

Thank you to the HIV activists today, who understand that this struggle is not over.

 

Thank you to the law reformers, who over decades have secured the building blocks of legal equality, from anti-discrimination protections, to relationship recognition and most recently the right to marry the person we love.

 

Thank you to the trans and gender diverse activists, who have been fighting – against even greater resistance – for the right to live the lives you were always meant to. The battles for access to birth certificates and identity documentation, and health care, are not over.

 

Thank you to the intersex activists whose struggles seem bigger still. Many of whom are survivors of gross violations of the human right to bodily autonomy, but who speak out to stop those same coercive surgeries and treatments from being inflicted on others. And who must fight against the indifference of politicians, the arrogance of medical professionals and too-often the ignorance of other members of the LGBTI community.

 

Thank you to the queer people of colour, and especially to Aboriginal and Torres Strait Islander LGBTI people, who fight not just against homophobia, biphobia, transphobia and intersexphobia, but also against the racism that lies at the heart of our country (and, sadly, within our own community too).

 

As can be seen from the above, the incredible progress made so far on LGBTI rights has been achieved because of the work of more than any one particular individual or organisation. We have all played a role.

 

From the brave people who threw the first bricks at Stonewall. To others who have thrown bricks through the legal, social and cultural discrimination which LGBTI people all-too-commonly faced. And everyone who has thrown their own bricks through the closet of invisibility and shame that too many people have endured.

 

With those bricks we have built ourselves a community, and a home, where more people than at any point in history can feel accepted for who they are, no matter their sexual orientation, gender identity or sex characteristics.

 

But, as we all know, the house of LGBTI rights remains incomplete – there is still much unfinished business, in Australia, the United States and around the world, before all lesbian, gay, bisexual, transgender and intersex people can finally be considered ‘free & equal’.

 

Which means we need more (metaphorical) brick-throwers, to smash down the walls of homophobia, biphobia, transphobia and intersexphobia that keep many LGBTI community members imprisoned.

 

So today, as we celebrate Stonewall 50, and give thanks to the LGBTI activists who have made our world a better place, we should take a moment to reflect on what each of us can do, what we should do, and what we must do, to carry on their work.

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

 

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Treasurer Frydenberg, Please Abolish the National School Chaplaincy Program

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here

 

The Morrison Liberal-National Government is currently calling for Pre-Budget Submissions for the 2019-20 Commonwealth Budget. Submissions close 1 February 2019 – for more details click here.

 

Please see my submission below, which I have also sent to the Leader of the Opposition Bill Shorten and Shadow Treasurer Chris Bowen.

 

**********

 

Treasurer Josh Frydenberg MP

c/- prebudgetsubs@treasury.gov.au

 

Monday 28 January 2019

 

Dear Treasurer

 

Please Abolish the National School Chaplaincy Program

 

Thank you for the opportunity to provide a submission ahead of the upcoming 2019-20 Commonwealth Budget.

 

In this submission I will make the case for what should be the easiest Budget decision of them all – to save $247 million over four years by abolishing the National School Chaplaincy Program.

 

There are multiple reasons why this entirely unjustified program should be axed, with most stemming from the requirement that any person who acts as a school chaplain must be religious. This requirement is completely inappropriate in a contemporary society.

 

In theory, these positions are supposed to be about improving student welfare. In practice, they are about promoting Christian theology, including in supposedly secular public schools.

 

As the Guardian Australia reported, in 2015 the Education Department revealed that of 2,336 chaplains funded by the Commonwealth Government, 2,312 (or 99%) were Christian, with the negligible remainder split between Islam (13), Judaism (eight) and one each from Bahai, Buddhism and Aboriginal traditional religions.

 

As a program it has already been found to be unconstitutional on multiple occasions (thanks to the ongoing efforts of the courageous Ron Williams). Successive Commonwealth Governments have responded by resorting to increasingly intricate arrangements to circumvent these findings.

 

Indeed, on a prima facie reading, the program is clearly in breach of section 116 of the Constitution, which provides that:

 

‘Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’

 

The only reason the program has not been found unlawful because of section 116 is because the money to fund it is now funnelled through grants to state and territory governments.

 

Instead of engaging in this intellectual dishonesty, the Commonwealth Government should instead honour the spirit of the Constitution. As Treasurer, you should acknowledge that the National School Chaplaincy Program imposes a religious test on positions that are paid for with taxpayers’ monies – and consequently abolish it.

 

The religious requirement for chaplaincy positions presents another legal problem, and that is it is potentially in breach of state and territory anti-discrimination and equal opportunity laws,[i] because it actively discriminates against people with different religions, or who have no religion.

 

This is currently being tested in the Victorian Civil and Administrative Tribunal, with a complaint against Access Ministries by a person who was barred from applying for a position with them because she was not Christian. As noted in that complaint:

 

‘The discrimination is not reasonably necessary for Access Ministries to comply with the doctrines, beliefs or principles of the religion associated with Access Ministries, because the work of a school chaplain takes place in a non-religious context and workplace, namely a government school, with a student population made up of students with a variety of religious affiliations and with no religious affiliation.’

 

Hopefully, that challenge is successful. Even if it fails, it is likely that the lawfulness of the National School Chaplaincy Program will come under fresh scrutiny as the Commonwealth Government establishes a new Religious Discrimination Act, as part of its response to the Ruddock Religious Freedom Review.

 

It is impossible to argue the program does not discriminate on the basis of religious belief (or lack thereof), when such discrimination lies at its heart. There must be no special loopholes as part of any new Commonwealth Religious Discrimination Act merely to allow discrimination against non-Christians, agnostics and atheists alike to continue. Nor should there be taxpayer funding for this discrimination in the Commonwealth Budget.

 

A third reason why the National School Chaplaincy Program should be abolished is because of its internal contradiction, with people hired as school chaplains because they are religious then required not to ‘proselytise’ their beliefs as part of their role.

 

There have been multiple reports, over many years, of chaplains in public schools completely disregarding this prohibition.

 

From 2011The United Christian Education Foundation is the chaplaincy provider at Ulladulla High School on the New South Wales South Coast.

 

A newsletter on its website reads: “There is much to be thankful for as we look back on another year of bringing the great news of Jesus to the precious young people at Ulladulla High School. The other week a Year 7 boy put up his hand and said, ‘I asked Jesus into my life the other day’.

 

“A Year 8 girl told me about the peace she now has since becoming a Christian,” the newsletter continues.

 

Proselytising is against the federal Education Department’s guidelines on chaplaincy, but some students at the Ulladulla school believe the chaplain is there to convert them.

 

“[It is] basically to make people become of his religion. That’s it really. To convert people to their religion,” said Max, a Year 8 student.

 

Nick, a maths teacher at the primary school nearby, was shocked when the chaplain came to his school and invited the children to pray.

 

“The chaplain was addressing the Year 6 children, a majority of those children would be going to the local high school and he did say that he was available for children there, and they can come to him and pray with him, or if not, he would pray for them,” he said.

 

And from just last year: Generate Ministries, the largest provider of school chaplains in NSW, has begun offering a “faith building” course to students and told them their chaplain is one way of accessing the program.

 

The subject, called Veta Morpheous, is a certificate III course for HSC students developed by the Victorian-based Veta Youth which says the studies enable students to “really invest in your spiritual growth and to explore your faith with adult mentors” and “grow in your Christian life.”

 

“It’s a space… to discover who you are in Christ, and to test your faith in real life,” Veta Youth says.

 

In a now-amended statement on its website Generate Ministries said: “The key to the program is the local ministry supervisor and the peer group supervisor… this is often the local minister, Chaplain.”

 

When contact about the possible breach, Generate Ministries said it only intended for chaplains funded under a separate NSW wellbeing program to offer the course. However that program also forbids chaplains from proselytising.

 

There are countless other examples of chaplains engaged in proselytising behaviour. Perhaps just as concerning is what is not considered proselytising, and therefore deemed acceptable, with then-Education Minister Simon Birmingham telling Senate Estimates that proselytising is only ‘attempt[ing] to convert someone to a particular religion or belief’ and that quoting the Bible is not necessarily proselytising.

 

I am sure many parents with children attending public schools would be horrified by that distinction.

 

To some extent, it is difficult to blame chaplains for engaging in this behaviour. Telling them not to proselytise – when that activity forms such a central part of their identity, their ‘mission’ – is like telling News Corp columnists not to engage in culture wars. It is their raison d’etre, and they will continue to do so for as long as they draw breath (and expel hot air).

 

The fault instead lies with the Howard Liberal-National Government who first funded this program, and all subsequent Governments who have extended it, knowing that employing chaplains in schools will inevitably lead to proselytising to children, irrespective of what any guideline might say.

 

You will own your share of that blame if you do not abolish the National School Chaplaincy Program in your first Budget as Treasurer, expected in April 2019.

 

The fourth problem is a much more fundamental one, and that is, if the aim of the program is to promote student welfare, the National School Chaplaincy Program is a poorly-designed, and ineffective, approach.

 

It is an opt-in program, and even then the funding provided does not pay for a full-time position (with schools expected to fundraise to supplement the Government’s grant). Given the people hired must satisfy a religious test, it is also not open to all of the best-qualified people for the role,[ii] meaning some students will inevitably end up with second-rate support.

 

In short, it is a half-hearted attempt to address what is a genuine challenge.

 

If the Morrison Liberal-National Government was actually serious about student welfare, it would provide funding for school counsellors in all schools, and employ people based on their qualifications not their religious beliefs. If you are not prepared to do that, it is clear student welfare is not the primary focus of the program, and it must therefore be abolished.

 

My fifth and final concern is a much more personal one and that is, as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, the National School Chaplaincy Program is inherently dangerous for LGBTI students.

 

This is not to say that all chaplains are homophobic, biphobic, transphobic or intersexphobic. I am sure there are many who are genuinely inclusive and respectful of all students irrespective of sexual orientation, gender identity or sex characteristics.

 

However, I am saying there have been too many examples, over too many years, of people employed under the National School Chaplaincy Program being harmful to young LGBTI people. In some cases, the organisations providing chaplains across different schools are themselves explicitly homophobic and transphobic.

 

For example, from 2014: ‘Citing a survey from gay rights organisation All Out, Senator [Lousie] Pratt said “students described chaplains helping them to ‘pray the gay away’ and advising them to sleep with a member of the opposite sex to ‘correct’ their same sex attraction”.’

 

And this, from 2015‘The school chaplaincy program in NSW is dominated by Generate Ministries, which lodged a submission to an Australian Human Rights Commission inquiry into religious freedom stating homosexuality is “a serious sin”.’

 

How could any LGBT student attending a school with a Generate Ministries chaplain ever feel comfortable seeking support from their supposed school welfare officer when that person thinks they are intrinsically sinful?

 

Meanwhile, from last year‘In one disturbing case, a transgender child was forced into seven sessions of chaplaincy counselling at her religious school – without her parents’ knowledge – in a bid to stop her from transitioning…

 

Canberra’s response [not to take action against gay conversion therapy] belies the fact that gay conversion ideology has been quietly pushed in schools as part of the federal government’s chaplaincy program.’

 

There are plenty of other examples of the National School Chaplaincy Program being the source of homophobia and transphobia. This is shameful, but not nearly as shameful as the fact taxpayers’ money – money from people like me – is being used to inflict these harms on young LGBTI people.

 

It is your moral responsibility, as Treasurer, to cease funding for a program that, rather than improving student welfare, contributes to the mistreatment of some of the most vulnerable members of society.

 

**********

 

As I have outlined above, the only reason the National School Chaplaincy Program remains constitutional is because successive Commonwealth Governments have chosen to circumvent decisions of the High Court.

 

It is possible the program is unlawful under state and territory anti-discrimination laws, because it actively discriminates on the basis of religious belief, and it would likely fall foul of any new Commonwealth Religious Discrimination Act.

 

The National School Chaplaincy Program also suffers from an insurmountable internal contradiction, where people whose primary purpose is to proselytise are politely asked not to. It is unsurprising that many fail to obey this direction.

 

It is a poorly-designed, and ineffective, student welfare program; if Governments were actually serious about student welfare they would fund qualified counsellors in all schools. The National School Chaplaincy Program is also dangerous, and harmful, to lesbian, gay, bisexual, transgender and intersex students.

 

While these may sound like challenges, they also represent an opportunity for you, as Treasurer, to make perhaps the easiest saving of a quarter of a billion dollars that anyone could ever make. The only question is whether you are up to the task.

 

Thank you in advance for taking this submission into consideration.

 

Sincerely

Alastair Lawrie

 

cc Bill.Shorten.MP@aph.gov.au Chris.Bowen.MP@aph.gov.au

 

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Treasurer Josh Frydenberg, who could save $247 million – or continue to fund the discriminatory, harmful and wasteful National School Chaplaincy Program.

 

Update: 12 April 2019

Treasurer Frydenberg handed down the Commonwealth Budget on Tuesday 2 April 2019. Unfortunately, although perhaps not unexpectedly, the Treasurer and the Morrison Liberal-National Government have decided to continue funding for the National School Chaplaincy Program, with $61.4 million committed for each of the next four years.

However, while not unexpected, it remains a disgraceful decision, and an unjustifiable waste of $245.6 million in taxpayers money, on a scheme that is discriminatory against people who are not christian, and inherently harmful for LGBTI students in particular.

With a federal election now scheduled for Saturday 18 May 2019, it is up to the Australian public to vote out a Government that prefers to subsidise the religious indoctrination of children rather than genuinely support student welfare.

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

 

Footnotes:

[i] In the states and territories where religious belief is a protected attribute, noting that New South Wales and South Australia currently do not prohibit religious discrimination in their anti-discrimination laws.

[ii] I am not suggesting that all people currently hired as chaplains do not have appropriate student welfare qualifications, but I am saying that, by excluding a large proportion of people because of their religious beliefs (or lack thereof) the talent pool of people hired must inevitably be significantly diminished.

Invisibility in the Curriculum

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here.

 

Did you know that the NSW Personal Development, Health and Physical Education K-10 Syllabus does not require schools to teach students what lesbian, gay, bisexual, transgender and intersex mean, or even that they exist?

 

The NSW Education Standards Authority reviewed the PDHPE curriculum in 2017 (see my submission to that consultation here), and released its consultation report and final K-10 syllabus in early 2018.

 

It is now being progressively rolled out in NSW classrooms, with full implementation by the start of the 2020 school year.

 

This is despite the fact the new PDHPE curriculum is entirely unfit for the 21st century, contributing to the ongoing invisibility of lesbian, gay, bisexual, transgender and intersex (LGBTI) content, and therefore of LGBTI students.

 

This can be seen in a number of ways. The first, and perhaps most important, is in its use – or, more accurately, lack of use – of the terms lesbian, gay, bisexual, transgender and intersex themselves.

 

In the 138 pages of the syllabus, these words occur three times each.[i] However, two out of these three appearances are found in the document’s glossary – with a definition of each term, and then as part of the broader definition of LGBTI people.

 

But teachers do not teach the glossary to their students. Instead, they are only required to teach the content for each year stage of the syllabus. And the terms lesbian, gay, bisexual, transgender and intersex can be found only once in the prescribed content, together on page 96:

 

‘investigate community health resources to evaluate how accessible they are for marginalised individuals and groups and propose changes to promote greater inclusiveness and accessibility eg people in rural and remote areas, lesbian, gay, bisexual, transgender and intersex people (LGBTI), people from culturally and linguistically diverse (CALD) backgrounds, people with disability.’

 

The problem with this is that LGBTI comes after ‘for example’ and therefore even referring to LGBTI people in this exercise is, on a prima facie reading, optional.

 

This issue – the status of content that appears after ‘eg’ in the syllabus – was raised, by myself and others, during the consultation process. The answer at the time was that whether this information was taught was at the discretion of the school and/or teacher. This appears to be confirmed in the consultation report, which states on page 18 that:

 

‘The content defines what students are expected to know and do as they work towards syllabus outcomes. Content examples clarify the intended learning. Teachers will make decisions about content regarding the sequence, emphasis and any adjustments required based on the needs, interests, abilities and prior learning of students.’

 

In practice, LGBTI people appear just once in the entire NSW PDHPE K-10 Syllabus, as part of an exercise about marginalised groups and inclusiveness, but schools and/or teachers can choose to remove even this most cursory of references.[ii]

 

This marginalisation, and exclusion, of LGBTI content and students is simply not good enough.

 

Another cause of the curriculum’s problems can be found if we return to the glossary, and inspect the definition of sexuality:

 

‘A central aspect of being human throughout life. It is influenced by an interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious and spiritual factors. It is experienced and expressed in thoughts, feelings, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships.’

 

On a philosophical level, this is actually quite an inclusive and even progressive view of the complexity of human sexuality. But on a practical level, the absence of specificity in this definition undermines any obligation for schools and/or teachers to teach about real-world diversity of sexual orientation.

 

This lack of prescription means that, on page 96 – which is the only place in the general syllabus where ‘sexuality’ appears not following an ‘eg’ (and therefore is the only reference that isn’t optional)[iii] – content to ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’ does not necessarily include lesbian, gay or bisexual sexualities.

 

It is a similar story in terms of gender,[iv] with the glossary definition (‘Refers to the concepts of male and female as well as the socially constructed expectations about what is acceptable for males and females’) not particularly useful in ensuring students learn about the diversity of gender identities. There also do not appear to be any references to non-binary or gender diverse identities.[v]

 

These definitions of sexuality and gender, and how they are employed throughout the syllabus, could be interpreted by some supportive schools and teachers to include lesbian, gay, bisexual and transgender subject matter. But there is absolutely nothing that ensures schools and/or teachers must teach this content.

 

This erasure, or invisibilisation, of LGBTI people in the NSW PDHPE K-10 Syllabus is nothing short of homophobic, biphobic, transphobic and intersexphobic.

 

Which makes it somewhat ironic then that there are more references to homophobia and transphobia in its content than there are to LGBTI people.

 

On page 77: ‘describe forms of bullying, harassment, abuse, neglect, discrimination and violence and the impact they have on health, safety and wellbeing, eg family and domestic violence, homophobic and transphobic bullying, racism, cyberbullying, discrimination against people with disability.’

 

And on page 88: ‘propose protective strategies for a range of neglect and abuse situations, eg family and domestic violence, bullying, harassment, homophobia, transphobia and vilification.’

 

Although note of course that both times homophobia and transphobia appear after an ‘eg’, meaning whether they are taught in these contexts remains optional (and obviously neither of these sections explicitly refers to biphobia or intersexphobia either).[vi]

 

Another major problem with the new NSW PDHPE K-10 Syllabus is its approach to sexual health.

 

There are only two compulsory references to sexual health in the content of the syllabus, one of which we have already seen (on page 96: ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’).

 

The other reference, on page 95, describes ‘identify methods of contraception and evaluate the extent to which safe sexual health practices allow people to take responsibility for managing their own sexual health.’

 

There are two problems with this statement. First, it puts the emphasis on ‘contraception’ when sexual health, and LGBTI sexual health especially, is a much broader concept. Second, it does not specifically mandate that schools and teachers instruct students about sexually transmissible infections (STIs).

 

In fact, quite astoundingly, the only reference to STIs in the general syllabus,[vii] on page 84 (‘identify and plan preventive health practices and behaviours that assist in protection against disease, eg blood-borne viruses, sexually transmissible infections’) makes teaching about them optional. The only time the term HIV even appears in the entire document is in the glossary.[viii]

 

In terms of STI-prevention, it seems the NSW PDHPE syllabus has actually gone backwards from the previous 2003 document, which at least prescribed that students learn about:

 

‘sexual health

-acknowledging and understanding sexual feelings

-expectations of males and females

-rights and responsibilities in sexual relationships

-sexually transmitted infections, blood-borne viruses and HIV/AIDS’ as well as to

‘identify behaviours that assist in preventing STIs, BBVs and HIV/AIDS and explore the interrelationship with drug use.’[ix]

 

**********

 

The aim of the PDHPE K-10 Syllabus is explained on page 12 of the document:

 

‘The study of PDHPE in K-10 aims to enable students to develop the knowledge, understanding, skills, values and attitudes required to lead and promote healthy, safe and active lives.’

 

Unfortunately, the more than 100 pages of the new syllabus which follow that statement make clear that it does not, and cannot, promote healthy, safe and active lives for lesbian, gay, bisexual, transgender and intersex students. After all, it is impossible for students to learn everything they need to be safe when they cannot see themselves in the curriculum.

 

This document represents a complete derogation of duty by the NSW Education Standards Authority, and Education Minister Rob Stokes and the Berejiklian Liberal-National that have overseen them.

 

They have also failed in their duty to keep all students safe, LGBTI and non-LGBTI alike, given the paucity of sexual health information, and specific content around sexually transmissible infections, in the syllabus.

 

To some extent it is perhaps a little unfair to single out NSW for these failures, because they are not alone in responsibility for them.

 

As this author has previously written, the national Health and Physical Education curriculum (which provides the framework for the NSW syllabus) developed earlier this decade by the Australian Curriculum, Assessment and Reporting Authority (ACARA), also abjectly fails to take the needs of LGBTI students seriously.

 

Despite repeated calls for him to intervene, then-Commonwealth Education Minister Christopher Pyne refused to take action to make LGBTI-inclusive content a priority either.

 

Ensuring that all teachers, in all schools, provide health and physical education content that is inclusive of all students and their needs has been placed in the ‘too hard basket’ by educational authorities, and Ministers, at multiple levels of government over multiple years.

 

It seems they would prefer to pretend LGBTI students do not exist rather than to take on the influence of religious schools and others who see anything that promotes the view that LGBTI people are part of the natural, beautiful diversity of humanity as some sort of ‘radical agenda’.

 

In this respect, the exclusion of LGBTI content from the NSW PDHPE K-10 Syllabus shares a lot in common with the current debate about the exceptions to anti-discrimination law that allow religious schools to discriminate against LGBT students, something the NSW Government has also ruled out fixing.

 

As with that issue, the losers out of the new PDHPE curriculum are the lesbian, gay, bisexual, transgender and intersex kids who have the right to learn about themselves, and to receive the information they need to keep themselves safe, but who are instead being made to feel invisible.

 

55d947e87811a0c2c684e8ea8a5b3a90fa7ed982

NSW Education Minister Rob Stokes has overseen the development of a PDHPE K-10 Syllabus that is almost completely silent on LGBTI issues.

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

 

Footnotes:

[i] The term bisexual actually appears four times, with an additional appearance in the glossary in the definition of ‘same-sex attracted’, alongside ‘homosexual’ in its only appearance.

[ii] This interpretation – that teaching the examples which are included in the content is optional – is supported by page 24 of the consultation report, which states: ‘The content is presented to be inclusive and provide the flexibility for delivery based on the context and the ethos of schools. Schools will make decisions about the scope and range of examples to illustrate the diversity of groups in Australian society.’

[iii] There is a separate reference to ‘sexuality’ that is not optional on page 119 in the Life Skills section, for students with special needs, although it does not specifically refer to diversity of sexual orientations.

[iv] The definition of sex on page 135, described as ‘The biological characteristics that define humans as female or male. While these sets of biological characteristics are not mutually exclusive, as there are individuals who possess both, they tend to differentiate humans as males and females’, also does not ensure students learn about variations of sex characteristics.

[v] The definition of transgender or trans on page 137 states ‘A general term for a person whose gender is different to their sex at birth’.

[vi] As an aside, it must surely be difficult to teach students about homophobia and transphobia when the syllabus doesn’t require instruction about the terms lesbian, gay, bisexual, transgender and intersex in the first place.

[vii] At a minimum the Life Skills content for students with special needs makes teaching about sexually transmissible infections mandatory (on page 119: ‘recognise issues of safety in relation to sexual relationships, including contraception, sexually transmissible infections’).

[viii] In the glossary definition of sexually transmissible infections: ‘Any infection that can be passed from one person to another during sexual activity. Sexually transmissible infections include chlamydia, herpes, gonorrhea, syphilis, genital herpes, scabies, pubic lice, hepatitis and HIV.’

[ix] On page 27 of the 2003 PDHPE 7-10 Syllabus, here.

Submission to NSW Parliamentary Inquiry into Gay and Trans Hate Crimes

Update 31 August 2019:

 

In what was a big news week re LGBTI rights in Australia (see also the release of the Government’s draft Religious Discrimination Bill), the NSW Parliament also tabled the Berejiklian Government’s short response to the Parliamentary Inquiry into Gay and Trans Hate Crimes.

 

Well, a partial response anyway, with NSW Police responding to recommendation 3 only, with a one-page letter including this statement:

“While the Inquiry identified historically negative attitudes from Officers towards members of the LGBTIQ community, I am confident the views and attitudes of the NSW Police Force today towards this community are positive, respectful and professional.”

 

At this stage, the new Parliament (elected on 23 March 2019) hasn’t re-established the inquiry, which was the primary recommendation of the original inquiry (see below).

 

Update 4 March 2019:

 

The Committee handed down an interim report on Tuesday 26 February (just before the issuing of the writs for the 2019 State election). That report can be found here.

 

The primary recommendation (Recommendation 1) is:

 

That the NSW Legislative Council re-establish the inquiry into Gay and Transgender hate crimes between 1970 and 2010 in the 57th Parliament and the terms of reference for further inquiry and report be subject to a decision of the House.

 

This is important, both because the work of the inquiry could not possibly have been completed in the short time available, and also to ensure that evidence of anti-LGBT hate crimes from regional, rural and remote NSW is gathered.

 

The other encouraging recommendation (Recommendation 4) is:

 

That, should the inquiry be re-established consistent with Recommendation 1, the committee invite witnesses to address the issue of the appropriate mechanism for independent review of past gay and transgender hate crimes.

 

Therefore, while the Committee has not agreed to support a Royal Commission at this stage (which was the main recommendation in my personal submission, published below), it has left the door open to recommending a Royal Commission or some other form of independent judicial inquiry in the future.

 

Perhaps just as interesting are the recommendations that had been featured in the draft report, but were removed at the behest of Committee members (as detailed in the minutes of the Committee published in an appendix).

 

Thus (Christian fundamentalist) Labor MLC, Greg Donnelly, moved that the following recommendations be axed:

 

That the NSW Police Force, in meeting Recommendation 3, increase the time currently allocated to the training of new policy recruits in modules relating to lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people.

 

That the NSW Police Force implement a program of ongoing education modules relating to lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people for all officers and other employees.

 

That the NSW Police Force increase the number of specialist Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) Liaison Officers, particularly in rural, regional and others areas that do not currently have access to such officers.

 

That the NSW Police Force implement a new service to enable lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people to more readily access the services and support of a specialist officer to make it easier to report crimes or seek the assistance of police.

 

Christian Democrat MLC, Fred Nile, also caused the following recommendation to be removed:

 

That the NSW Police Force change the name of the Gay and Lesbian Liaison Officer program to the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) Liaison Officer Program.

 

Meanwhile, National MLC Trevor Khan (who is usually an ally for the LGBTI community) moved that the following recommendations be axed:

 

That the NSW Attorney General issue a reference to the NSW Law Reform Commission to require that it undertake a comprehensive review of the law of homicide and homicide defences in New South Wales to ensure that recent legal reforms have effectively removed any potential for injustice to occur.

 

That the Judicial Commission of New South Wales review the content of jury directions to ensure that they adequately ensure the fair and equal treatment of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people and acknowledge the historical legacy of the ‘gay panic defence’.

 

Thus, while the interim report itself is not bad – recommending further investigation by the next Parliament, and leaving the door open to a Royal Commission or other independent judicial inquiry – it could, and indeed should, have been a whole lot better.

 

Original submission:

 

NSW Legislative Council Standing Committee on Social Issues

 

Wednesday 7 November 2018

 

To whom it may concern

 

Submission re Inquiry into gay and transgender hate crimes between 1970 and 2010

 

Thank you for the opportunity to provide a submission to this important inquiry.

 

I do so as a long-term advocate for the rights of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, including for the past six years in New South Wales.

 

However, this timeframe means I did not live in NSW during the period 1970 to 2010. I consequently do not have a personal experience of anti-LGBTI hate crimes in this jurisdiction during that period.

 

Nevertheless, I acknowledge and endorse the work of others, both individuals and organisations, who have documented the appallingly high number of gay and trans hate crimes which occurred here over the course of the past four or five decades.

 

This obviously includes the work of ACON, whose excellent ‘In pursuit of truth and justice’ report is cited in the terms of reference to this inquiry, as well as that of journalist Rick Feneley, whose stories over recent years have finally started to give these crimes the attention, and scrutiny, they deserve.

 

And it includes the work of three former NSW Police employees or consultants – Steve Page, Sue Thompson and Duncan McNab – whose work has confirmed the failure by NSW Police to adequately investigate many of these same crimes.

 

This failure can be seen as one reason, perhaps even the primary reason, why, of the 88 homicide cases identified in In pursuit of truth and justice, approximately 30 remain unsolved today.

 

I therefore welcome the initiative of the Legislative Council in establishing this inquiry, to hear from people who have been affected by these hate crimes, either directly or who have valuable information about crimes committed against others.

 

Indeed, this fits with ACON’s recommendation 1.2:

 

ACON recommends the NSW Government, in partnership with community, undertake a process to comprehensively explore, understand and document the extent of historical violence experienced by the LGBTI community.

 

And also with recommendation 4.1:

 

ACON recommends an independent investigation into the actions of the various arms of the criminal justice system to fully understand the impediments to justice during this period in history, their relevance to current practices, and to identify opportunities to finalise unsolved cases.

 

However, I would argue that, while a positive start, a short parliamentary inquiry is unlikely to be sufficient in and of itself to comprehensively address these issues. I form this view on the basis of the following factors:

 

  • The sheer scale, and seriousness, of the subject matter involved, noting that we are discussing at least 88 homicides, with more that may yet be identified through this process,
  • Remembering that figure does not include the hundreds, perhaps thousands, of additional homophobic and transphobic hate crimes that occurred during this period, including serious and violent assaults, many of which have never been properly documented,
  • The role of NSW Police in failing to adequately investigate many of these crimes (both homicides and assaults), and
  • The allegations of complicity and/or even direct participation by NSW Police members in some of these horrific crimes.

 

Given all of the above, I believe that this subject matter should be investigated through a Royal Commission, which would have the appropriate powers, resources and timeframes to fully explore the gay and trans hate crimes which occurred in NSW over the past half-century.

 

Recommendation 1: That the Committee call on the NSW Government to establish a Royal Commission into the issue of gay and trans hate crimes in NSW since 1970.

 

In terms of the ‘gay panic’ or ‘homosexual advance defence’ and the role it ‘played in the culture of LGBTIQ hate crimes between 1970 and 2010’ and how it ‘impacted the delivery of justice and the treatment of gay men during LGBTIQ hate crime investigations and court proceedings’, I believe it did contribute both to helping to incite these crimes, and in undermining their proper investigation.

 

As I wrote to the Legislative Council Provocation Committee in 2012, calling for the abolition of the gay panic defence:

 

In my opinion, there is nothing so different, so special or so extraordinary, in the situation where the non-violent sexual advance is made by a man to another man, as to justify offering the offender in such cases any extra legal protection. In contemporary Australia, a man who receives an unwanted sexual advance should exercise the same level of self-control as we expect of any other person.

 

To have a separate legal standard apply to these cases is homophobic because it implies there is something so abhorrent about a non-violent sexual advance by a man to another man that a violent reaction is almost to be expected, and at least somewhat excused. This does not reflect the reality of contemporary Australia, where, with the exception of marriage, gay men enjoy the same rights as other men, and are accepted as equals by the majority of society.

 

Even if a small minority of people remain firmly intolerant of homosexuality, that does not mean there should be a ‘special’ law to reduce the culpability of such a person where they are confronted by an unwanted homosexual sexual advance. To retain such a provision is unjust and discriminatory, and is a mark against any legal system which aspires to fairness.

 

The above discussion outlines why the homosexual advance defence is wrong in principle. What should not be forgotten is that the homosexual advance defence is also wrong in practice, or in the outcomes which it generates. After all, the defence does not simply exist in the statute books, ignored and unused. Instead, it has been argued in a number of different criminal cases, sometimes successfully.

 

This means there are real offenders who are in prison (or who have already been released), who have had their conviction reduced from murder to manslaughter, and most likely their sentence reduced along with it, simply because they killed in response to a non-violent homosexual advance. The legal system has operated to reduce the liability of these offenders even when broader society does not accept that such a reduction is justified. As a result, these offenders have not been adequately punished, meaning that above all these victims have not received justice.

 

Similarly, the family members and friends of the victims killed in such circumstances have witnessed the trials of these offenders, expecting justice to be served, only to find that the killer is not considered a murderer under the law. Instead, these family members and friends find some level of blame is placed on the actions of the victim, that somehow by engaging in a non-violent sexual advance they have helped to cause and even partly deserved their own death.

 

The painful ‘lessons’ of the gay panic defence, which were learnt over many decades by the LGBTI community, included the following:

 

  • That the life of a gay man was valued at less than that of other victims,
  • That a non-violent sexual advance by a gay man to another man was abhorrent, and that a violent response to such an advance was at least partially justified, and
  • That the law enforcement and justice systems of NSW were not on our side.

 

These same lessons were learnt by the perpetrators of anti-gay and anti-trans hate crimes. They worked out that LGBTI people made for easy targets, both because we were unlikely to report crimes and, even if we did, that NSW Police were unlikely to do anything about it.

 

Based on the behaviour of some NSW Police officers, including reportedly in the 1989 assault of Alan Rosendale, as witnessed by Paul Simes (see Rick Feneley, ‘Erased from the records; Investigation into bashing of gay man by police in Surry Hills in 1989’, Sydney Morning Herald, 19 January 2015), it seems that they too believed the lives of gay men mattered less than others.

 

It is perhaps unsurprising that, when the law – via the homosexual advance defence – said gay men’s lives were less valuable than those of heterosexual people, some members of the law enforcement arm of government acted in the same way.

 

So, while the abolition of the gay panic defence by NSW Parliament in May 2014 was a major step forward for LGBTI rights in this state, we should not underestimate the damage it caused during its (too-many) years of operation.

 

Thank you in advance for taking this submission into consideration as part of this inquiry. If you would like to clarify any of the above, or for additional information, please do not hesitate to contact me at the details provided.

 

Sincerely

Alastair Lawrie

 

w1-truthandjustice

ACON’s excellent ‘In pursuit of Truth and Justice’ Report is available here.

5 Years of Blogging: Highlights & Thanks

Next month (July 2017) will mark five years of writing this blog. In that time, I’ve published more than 200 articles, submissions and open letters, on a wide range of topics, from marriage equality to anti-discrimination laws and plenty in between.

 

For reasons I will explain at the end of this post, now is an appropriate time to take a quick look back on what have been some of the highlights of the past five years, as well as to express my gratitude to the support I have received during that time (and from one person in particular).

 

  1. #NoPlebiscite

 

One of the things I am proudest of was my contribution to the campaign to stop the unnecessary, wasteful & divisive plebiscite on marriage equality. While obviously the #NoPlebiscite campaign was a group effort, and I was only one of many people involved, I think I managed to play an important role – from refining the arguments against the plebiscite, to producing effective social media messaging/materials, and conducting one of the community surveys which established that the LGBTI community would rather take the risk that marriage equality might be delayed rather than accept the certainty of young and vulnerable LGBTI people being harmed.

 

For more of my thoughts on the campaign against the plebiscite, see Pride, Pressure & Perseverance.

 

  1. #ItsTimeToBind

 

Another campaign in which I played something of a leading role was the push for the Australian Labor Party to adopt a binding vote on marriage equality at its 2015 National Conference. Unlike the campaign against the plebiscite, #ItsTimeToBind was only partially successful: ALP MPs and Senators will only be bound to vote for marriage equality after the next federal election (to be held in late 2018 or early 2019).

 

Nevertheless, if there is a change of government (which seems more likely than not at this stage), this rule change means there will be no further delays on a reform that has been delayed for far too long already – a newly-elected Shorten Labor Government will be able to pass marriage equality in a matter of months.

 

For more on this campaign, see What ALP National Conference Delegates Should Hear About Marriage Equality.

 

  1. ALP National Conference 2015

 

One of the things I have tried to do with this blog – and sometimes I have done this more successfully than others – is to ensure that my LGBTI activism and advocacy is about more than just marriage equality. In the lead-up to that conference this meant pursuing a broad LGBTI agenda (see 15 LGBTI Priorities for ALP National Conference 2015), beyond simply achieving a binding vote.

 

As a result, I drafted at least 13 different amendments to the ALP Platform that were ultimately successful, helping to contribute to the most progressive major party manifesto on LGBTI issues in Australian history. This included policies on youth suicide, homelessness, homophobia, biphobia, transphobia and intersexphobia in schools, rainbow families and inter-country adoption, consideration of an LGBTI Commissioner at the Australian Human Rights Commission and the introduction of vilification protections, LGBTI inclusion in foreign aid, and three amendments on intersex issues (including an end to involuntary medical procedures).

 

Perhaps the two reforms I am most proud of were a commitment to remove out-of-pocket medical expenses for trans people, and a declaration that “Labor will not detain, process or resettle lesbian, gay, bisexual, transgender or intersex refugees or asylum-seekers in countries which have criminal laws against any of communities as it makes these places unsafe environments for all of them.”

 

  1. Diversity of Issues

 

This approach – writing about a diversity of LGBTI issues – is something I have attempted to do beyond just the 2015 ALP National Conference. And, while it has been easy at different points to be distracted by the fight for marriage equality, I am happy I have managed to focus on a broad range of other topics.

 

This includes posts on everything from anti-vilification laws to the homosexual advance defence, the age of consent and expungement for historical homosexual offences, rainbow families (including adoption, assisted reproductive technology and inter-country adoption), relationship recognition, gender identity and access to legal documentation, intersex autonomy and involuntary medical procedures, and LGBTI refugees and people seeking asylum.

 

Perhaps the only high-profile issue over the past five years that I haven’t written about (both because it has been written about extensively elsewhere, and because I didn’t have much original to add) was Safe Schools. But, at the same time, I was one of only a few people to focus on the issue of LGBTI inclusion in the National (and later NSW) Health & Physical Education Curriculums.

 

  1. Focus on LGBTI Anti-Discrimination Law

 

Possibly the main issue I have written about over the past five years – and especially over the past 18 months – has been anti-discrimination law, and how well, or poorly, it protects lesbian, gay, bisexual, transgender and intersex Australians.

 

This includes a specific focus on how LGBTI anti-discrimination law interacts with, and is undermined by, special rights to discriminate given to religious organisations (aka ‘religious exceptions’). I have also written about the strengths and weaknesses of current LGBTI anti-discrimination laws at Commonwealth level, and in every state and territory, in a series called ‘What’s Wrong With…’

 

To see all of my posts on LGBTI anti-discrimination law, including the issue of religious exceptions and the ‘What’s Wrong With…’ series, see: LGBTI Anti-Discrimination / #NoHomophobiaNoExceptions.

 

  1. The State of Homophobia, Biphobia & Transphobia Survey

 

One of the more recent highlights of this blog was The State of Homophobia, Biphobia & Transphobia survey, which I conducted at the start of 2017, the results of which I have published in a series of six posts from March to June.

 

These articles explored the discrimination experienced by (far too many) LGBTIQ Australians in terms of verbal harassment and abuse, physical abuse or violence, where discriminatory comments occur and their impact, discrimination in education, discrimination in employment, and discrimination in health, community services or aged care.

 

I encourage you to read these posts in full, including the many heartbreaking personal stories of discrimination shared by survey respondents. You can find them all here: The State of Homophobia, Biphobia & Transphobia.

 

  1. Personal Stories

 

Some of the posts that I have found the most difficult to write (particularly as someone who is generally an introvert) are the ones where the subject matter has been deeply personal. These include several articles that discuss the ongoing inability of my fiancé, Steven, and I to marry under Australian law. On the other hand, I think they are probably some of the most powerful posts I have written, because they are personal in nature. You can judge for yourself, here: Personal.

 

  1. Feedback Received

 

One of the best things about writing a blog – of putting your thoughts down in ‘black and white’, and sharing them with the world – is the feedback you receive in return. This includes the many, many comments received via social media on my posts, some of which apparently aroused strong views (both for and against), but with the vast majority generating thoughtful responses from other passionate members of the LGBTI community.

 

Having said that, two particular pieces of feedback received over the past five years stand out in my memory:

 

  • The great Martina Navratilova tweeting that my piece In search of the elusive gay or bisexual male tennis player was “very well put” (it also happens to be the most popular piece I’ve ever published, by far), and
  • A comment from inspiring ACT UP activist Peter Staley on my review of the Oscar-nominated documentary ‘How to Survive a Plague’ in which he features (the review itself was far from best thing I’ve written – but his engagement made it worthwhile).

 

Martina

 

  1. Audience Reach

 

Another satisfying part of ‘blogging’ is seeing what you’ve written reach its audience. Admittedly, writing a blog that primarily concerns itself with LGBTI law reform and policy, in Australia, is the definition of a ‘niche’ endeavour.

 

Nevertheless, over the past five years my blog has received almost 90,000 views, and (as of 11 June 2017) has been visited by people in 189 different geographic regions. In fact, there aren’t many countries where someone hasn’t clicked on something I’ve written (although I am still waiting for first-time readers from North Korea, Turkmenistan, Liechtenstein, Greenland, Cuba, French Guiana, Lesotho, the Democratic Republic of Congo and, in our own region, Samoa and the Solomon Islands).

 

Obviously, choosing to write about the things I do means it is never going to be ‘clickbait’ – but it is still pleasing to know some people have found what I’ve written to be informative, or enjoyable (or hopefully a combination of both).

 

  1. Thanks

 

Which brings me to the most important part of this post – and that is to say thanks. Thank you to you, the readers, who have clicked on, read, liked, commented on and shared the more than 200 articles, submissions and open letters I have published here.

 

I have genuinely appreciated your interest, your views (including where you thought I got something wrong) and your support. Writing this blog has been one of the most enjoyable things I’ve ever done, and being read by people who are passionate about the same things I am has definitely made it worthwhile.

 

But of course there is one person who deserves the most thanks of all – and that is my partner of almost nine years, and fiancé of more than seven, Steven. His support, encouragement, patience and, above all, belief has allowed me to devote my time and energy to this blog, and to the campaigns I have run here – I literally could not have done any of this without him. Thank you my beautiful man.

 

And that brings me to the underlying reason for this post. After almost five years of writing this blog, it is time to take a step – maybe even two – back and to focus on other things. This reflects an understandable desire to spend more of my available time with my fiancé. It also coincides with changing jobs (my new role will consume much more of my focus, especially in the next year or two).

 

At this stage, I’m still not 100% sure whether I will stop blogging completely, or whether it will simply be far less frequent (every couple of months, rather than three or four posts per month) or perhaps even about other subjects. Whatever the future holds, I’d just like to say that I hope you’ve enjoyed what I’ve written so far, and that I hope it has made a difference in some way, shape or form. Thanks very much for reading.

The State of Homophobia, Biphobia & Transphobia Survey Results, Part 6: Discrimination in Health, Community Services or Aged Care

This post is the final 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 four questions, asking whether they have experienced discrimination in health, community services or aged care, whether any of this discrimination occurred in the past 12 months, whether this discrimination related to religious organisations and to provide an example of the discrimination that they experienced.

 

The responses reveal a disturbing pattern of discrimination across these areas, with many LGBTIQ Australians denied equal access to services simply because of their sexual orientation, gender identity or intersex status.

 

The question about whether any of this discrimination occurred in relation to religious organisations is important because of the existence of ‘special rights’ to discriminate for these bodies in most states and territories[ii], leaving LGBTI people in these circumstances without any legal redress.

 

I also encourage you to read the examples provided in response to question four, which reveal some of the different types of discrimination that LGBTIQ people have encountered in health, community services or aged care.

 

 

The State of Homophobia, Biphobia & Transphobia-11

 

Question 1: Have you ever experienced discrimination because of your sexual orientation, gender identity or intersex status in relation to health, community services or aged care

 

Question 2: Has one or more instances of this discrimination (in health, community services or aged care) occurred in the past 12 months?

 

&

 

Question 3: Did any of this discrimination (in health, community services or aged care) occur in relation to a religious organisation?

 

Of the 1,611 people who answered the first question, 345 – or 21% – said they had experienced discrimination in one of these areas at some point in their lives.

 

Disturbingly, 189 survey respondents[iii] reported experiencing anti-LGBTIQ discrimination in health, community services or aged care in the past 12 months alone. In other words, more than half of those who had experienced discrimination in these areas reported at least one instance of this mistreatment just in 2016 – that is simply shocking.

 

The proportion reporting discrimination by religious organisations was 3.7%[iv]. This is thankfully lower than the rates reported for discrimination by religious organisations in education (Survey Results, Part 4) and employment (Survey Results, Part 5), although this nevertheless represents roughly 1 in 25 LGBTI people exposed without adequate protections from anti-discrimination schemes.

 

LGBTIQ Status

 

There were some significant differences in reported discrimination in health, community services and aged care between lesbian, gay, bisexual, transgender, intersex and queer survey respondents:

 

Lesbian

 

  • 26.5%[v] reported discrimination in these areas at some point
  • 14.5%[vi] experienced at least one instance in the last 12 months
  • 3.5%[vii] experienced discrimination by a religious organisation

 

Gay

 

  • 19.8%[viii] reported discrimination in these areas at some point
  • 9.9%[ix] experienced at least one instance in the last 12 months
  • 2.7%[x] experienced discrimination by a religious organisation

 

Bisexual

 

  • 16.1%[xi] reported discrimination in these areas at some point
  • 8.7%[xii] experienced at least one instance in the last 12 months
  • 4.7%[xiii] experienced discrimination by a religious organisation

 

Transgender

 

  • 35.3%[xiv] reported discrimination in these areas at some point
  • 24.9%[xv] experienced at least one instance in the last 12 months
  • 3.8%[xvi] experienced discrimination by a religious organisation

 

Intersex

 

  • 40%[xvii] reported discrimination in these areas at some point
  • 13.3%[xviii] experienced at least one instance in the last 12 months
  • 6.7%[xix] experienced discrimination by a religious organisation

 

Queer

 

  • 29.6%[xx] reported discrimination in these areas at some point
  • 19.2%[xxi] experienced at least one instance in the last 12 months
  • 4.6%[xxii] experienced discrimination by a religious organisation

 

LGBTIQ Category Experienced anti-LGBTIQ discrimination in health, community services or aged care (%)?
Ever Last 12 months By religious organisation
Lesbian 26.5 14.5 3.5
Gay 19.8 9.9 2.7
Bisexual 16.1 8.7 4.7
Transgender 35.3 24.9 3.8
Intersex 40 13.3 6.7
Queer 29.6 19.2 4.6

 

The highest rate for lifetime discrimination was from intersex respondents, although the small sample size for that group (n=15) means this figure should be treated with some caution. It is also interesting that intersex people reported average rates of recent discrimination in these areas.

 

Of the other groups, gay and particularly bisexual respondents reported lower rates of both lifetime, and recent, discrimination in health, community services and aged care than other groups.

 

In contrast to earlier survey results, lesbians reported higher rates of discrimination on both measures. One possible explanation is greater involvement, and therefore potential exposure to discrimination in, family-related health and community services.

 

Once again, higher rates of discrimination, and especially recent mistreatment, were reported by transgender and, to a slightly lesser extent, queer survey respondents.

 

It is particularly disturbing that one in five queer respondents, and fully one quarter of trans people, experienced discrimination in these areas in the past 12 months alone.

 

Taking a closer look at the trans cohort, and in particular respondents who identified as both trans and another LGBQ category, the figures were as follows:

 

Trans and lesbian: 37.2%[xxiii] ever, and 25.6% in the last 12 months

 

Trans and gay: 40.4%[xxiv] ever, and 28.1% in the last 12 months

 

Trans and bisexual: 26.7%[xxv] ever, and 16.7% in the last 12 months, and

 

Trans and queer: 40.1%[xxvi] ever, and 32.2% in the last 12 months.

 

These groups were largely consistent, although trans and bi respondents reported lower rates on both measures, while trans and queer respondents were more likely to experience recent discrimination (at almost 1 in 3 people overall).

 

Finally, there is little that stands out in the reported rates of discrimination by religious organisations in these areas, with the range from 2.7% (gay) to 6.7% (intersex).

 

Aboriginal and Torres Strait Islander People

 

The rates of discrimination for Aboriginal and/or Torres Strait Islander LGBTIQ people were higher for both lifetime discrimination, and especially for recent discrimination, than for their non-Indigenous counterparts.

 

On the other hand, Aboriginal and/or Torres Strait Islander LGBTIQ people reported lower rates of discrimination by religious organisations in health, community services or aged care. The full figures are as follows:

 

  • 24.6%[xxvii] reported discrimination in these areas at some point (compared to 21.3% of non-Indigenous people)
  • 17.5%[xxviii] experienced at least one instance in the past 12 months (compared to 11.5% of non-Indigenous people) and
  • 1.8%[xxix] experienced discrimination by a religious organisation (compared to 3.7% of non-Indigenous people).

 

  Experienced anti-LGBTIQ discrimination in health, community services or aged care (%)?
Ever Last 12 months By religious organisation
Aboriginal and/or Torres Strait Islander 24.6 17.5 1.8
Non-Indigenous 21.3 11.5 3.7

 

Age

 

Aged 24 and under

 

  • 15.7%[xxx] reported discrimination in these areas at some point
  • 10.8%[xxxi] experienced at least one instance in the past 12 months
  • 3.3%[xxxii] experienced discrimination by a religious organisation

 

25 to 44

 

  • 31.1%[xxxiii] reported discrimination in these areas at some point
  • 15.8%[xxxiv] experienced at least one instance in the past 12 months
  • 3.9%[xxxv] experienced discrimination by a religious organisation

 

45 to 64

 

  • 23.7%[xxxvi] reported discrimination in these areas at some point
  • 9.1%[xxxvii] experienced at least one instance in the past 12 months
  • 4%[xxxviii] experienced discrimination by a religious organisation

 

65 and over

 

  • 25.8%[xxxix] reported discrimination in these areas at some point
  • 9.7%[xl] experienced any instance in the past 12 months
  • 9.7%[xli] reported discrimination by a religious organisation

 

Age cohort Experienced anti-LGBTIQ discrimination in health, community services or aged care (%)?
Ever Last 12 months By religious organisation
24 and under 15.7 10.8 3.3
25 to 44 31.1 15.8 3.9
45 to 64 23.7 9.1 4
65 and over 25.8 9.7 9.7

 

Given their lesser years of life experience, it is perhaps unsurprising that young people experienced lower levels of lifetime discrimination in these areas. Although the fact that more than 1 in 10 LGBTIQ people aged 24 or under reported homophobic, biphobic, transphobic or intersexphobic discrimination in health or community services over the past 12 months is alarming.

 

What is perhaps most surprising is that people aged 25 to 44 were most likely to report both lifetime discrimination in these areas (with almost a third of respondents affected), as well as anti-LGBTIQ discrimination in the past 12 months (at almost 1 in every 6 respondents).

 

Meanwhile, the highest rate of reported discrimination by religious organisations was from LGBTIQ people aged 65 and over – which is possibly explained by recent interactions with religious-operated aged care services.

 

State or Territory of Residence

 

The final demographic category according to which I have analysed the survey results is the state or territory of residence:

 

New South Wales

 

  • 21.4%[xlii] reported discrimination in these areas at some point
  • 10.9%[xliii] experienced at least one instance in the last 12 months
  • 2.7%[xliv] experienced discrimination by a religious organisation

 

Victoria

 

  • 22.8%[xlv] reported discrimination in these areas at some point
  • 12.4%[xlvi] experienced at least one instance in the last 12 months
  • 4%[xlvii] experienced discrimination by a religious organisation

 

Queensland

 

  • 22%[xlviii] reported discrimination in these areas at some point
  • 11.4%[xlix] experienced at least one instance in the last 12 months
  • 6.1%[l] experienced discrimination by a religious organisation

 

Western Australia

 

  • 22.1%[li] reported discrimination in these areas at some point
  • 12.8%[lii] experienced at least one instance in the last 12 months
  • 2.7%[liii] experienced discrimination by a religious organisation

 

South Australia

 

  • 19.5%[liv] reported discrimination in these areas at some point
  • 14.3%[lv] experienced at least one instance in the last 12 months
  • 3%[lvi] experienced discrimination by a religious organisation

 

Tasmania

 

  • 16%[lvii] reported discrimination in these areas at some point
  • 10.4%[lviii] experienced at least one instance in the last 12 months
  • 1.9%[lix] experienced discrimination by a religious organisation

 

Australian Capital Territory

 

  • 23.2%[lx] reported discrimination in these areas at some point
  • 10.7%[lxi] experienced at least one instance in the last 12 months
  • 7.1%[lxii] experienced discrimination by a religious organisation

 

Northern Territory

 

  • 20%[lxiii] reported discrimination in these areas at some point
  • 10%[lxiv] experienced at least one instance in the last 12 months
  • 5%[lxv] experienced discrimination by a religious organisation

 

State or territory Experienced anti-LGBTIQ discrimination in health, community services or aged care (%)?
Ever Last 12 months By religious organisation
NSW 21.4 10.9 2.7
Victoria 22.8 12.4 4
Queensland 22 11.4 6.1
WA 22.1 12.8 2.7
SA 19.5 14.3 3
Tasmania 16 10.4 1.9
ACT 23.2 10.7 7.1
NT 20 10 5

 

These results were largely consistent across state and territory boundaries (thus lending weight to the overall figures, discussed earlier).

 

The lowest lifetime rates of discrimination in health, community services or aged care were in Tasmania, while the highest (but only just) were in the ACT. Meanwhile, South Australians were most likely to experience discrimination in the last 12 months, while LGBTIQ people in Queensland and the ACT reported the highest rates of discrimination in these areas by religious organisations.

 

**********

 

Question 4: If you feel comfortable, please provide an example of the discrimination you experienced in relation to health, community services or aged care [Optional]:

 

This question allowed respondents to provide examples of the anti-LGBTIQ discrimination they had experienced and, just as with previous survey results, these comments are often confronting to read.

 

A lightly-edited[lxvi] version of the answers to this question – providing examples of homophobic, biphobic, transphobic and intersexphobic discrimination in relation to health, community services or aged care – can be found at the following link:

 

 

question-4-examples-of-health-community-services-and-aged-care-discrimination

 

These answers demonstrate a range of different ways in which LGBTIQ people were mistreated in comparison to cisgender heterosexual people, including:

 

One of the most common stories was denial of LGBTIQ relationships, including refusal to treat partners as next of kin:

 

“I was asked if I was in a relationship and what not and gender during a visit to a new and local doctor, I said yes and gender non-binary and I was put down as single and female. Single because my partner was a woman and the system didn’t have an option for same sex couples and it was “easier”.”

 

“Having my female partner not being able to be with me in emergency because it was family and partners only. (Had no family in the region at the time)”

 

“My wife was in emergency at [redacted] Hospital and the doctor did not want to discuss with me her condition or provide me with a carers certificate because of our sexuality”

 

“While an inmate in the mental health unit, the doctor assigned to me was very uncomfortable when my partner was in the room. And even though I gave permission, he would not treat my partner with respect or discuss my care with her.”

 

“At a hospital where my partner of over ten years was not accepted as my next of kin. I had to put my son down”

 

“Was at a hospital after becoming very ill and my girlfriend was holding my hand. Once my nurse noticed, her attitude towards me changed and she told me that “friends” couldn’t visit”

 

“While my girlfriend was in hospital and had come in via ambulance I was denied access to her / the ability to see her while she was in the emergency department because a receptionist didn’t believe we were partners. Clearly thought I was ‘just a friend’”

 

“I was critically ill and my partner was ignored by hospital staff as my next of kin”

 

Another common story related to an assumption that being gay (or bi, or trans) automatically equates to being at high risk of HIV, including being subjected to additional testing or ‘safety precautions’ – or, in one case, being denied testing:

 

“Feeling like the dentist did not want to treat me because I answered the at risk of HIV questions (in the 90s)”

 

“Disclosing that I had a same sex partner opened me up to extra medical testing before procedures, including unnecessary HIV testing unrelated to my procedure.”

 

“I was informed that due to being bisexual, I was at a high risk of STDs, regardless of the fact that I am married and in a monogamous relationship.”

 

“A doctor was dismissive of my health concerns and wrote me off as an HIV magnet for being transgender.”

 

“Because I am open about being gay, I have been repeatedly advised by health practitioners to have an HIV test when consulting them about a range of health issues that have no relation to HIV. Of course, I have had HIV tests and would do so again if I thought I had been at risk.”

 

“A GP refused to test me for HIV as he had “better things to do than take care of sexually promiscuous people like” me. I had not told him anything about my sex life apart from the fact that I was gay – this was purely a homophobic assumption on his behalf. He suggested I go to a free sexual health centre in the city instead.”

 

It is unsurprising that these attitudes translated to adverse treatment of people who are HIV-positive:

 

“A doctor was bombastic when I presented at ED when he learned I was HIV +. He just carried on about my HIV Status and not the issue I presented for”

 

Several respondents cited the blanket ban on sexually-active gay men donating blood as being anti-LGBTIQ discrimination:

 

“Apparently just cause I’m gay I can’t donate blood, even tho [sic] I get tested all the time probably more times than a straight person would in their life time”

 

“Gay men are not allowed to give blood if they’ve had sex within the past year. It is alienating and presumptuous”

 

This approach also applies to some transgender people:

 

“Refused to donate blood. Because blood donation is a purely altruistic act, this makes one feel apart from the community. The policy of the local blood collection organisations is to treat all transgender people like gay men, irrespective of the sex they were assigned at birth, the state of the individual’s legal document, the individual’s genitals, etc.”

 

There was a range of stories about homophobia from GPs:

 

“I had a sore throat and my GP suggested that it may be because men weren’t designed to suck cock.”

 

“Doctor called me a homo, and multiple doctors being uncomfortable discussing sexual health issues once finding out my sexuality.”

 

“Being told by a doctor that I am more prone to disease because I am homosexual”

 

“A GP at my local health centre treated me with caution and wrote a ridiculous warning on my medical file for anyone to see. “Warning: Homosexual relations”.”

 

Lesbian respondents also described a variety of discrimination they had experienced:

 

“Talking about sex with GPs and health providers, there’s an assumption that sex is only with the opposite sex and that nothing else is sexual. Even when in a monogamous same sex relationship doctors would assume and ask questions about male sex partners and dismiss my actual partner. Ie, could you be pregnant? When they know I’m a cis woman only having sex with a cis woman.”

 

“Local doctor told me that I couldn’t go on the pill to stop my painful periods due to endometriosis because I was not in a sexually active relationship with a man, that because I was lesbian and not at risk of falling pregnant there was no need to be put on the pill”

 

“I have had a doctor tell me that I shouldn’t get a pap smear because I had never had sex with someone who had a penis, which is just wrong information and could be detrimental to my health. This denial was also mixed with her confusion and homophobia around the fact that I was queer and I felt very uncomfortable and shamed.”

 

This included a particularly-horrific situation involving sexual assault:

 

“I have received many instances of refusal of care or denial of optimal care by health professionals because of my sexuality. But the one that still traumatises me is when I went for a Pap smear with a female gp and she inserted her fingers into my vagina (for what I now know is an optional test) without telling me. I screamed and told her to stop, but she continued saying people like me like this kind of thing…she raped me. While looking at me in the face. Because I am gay.”

 

As with previous survey results, the most frequent stories of discrimination came from trans respondents. This included blatant transphobia, as well as deadnaming and misgendering:

 

“I was referred to by a receptionist to one of her co-workers as ‘a dude who wants to cut his d*ck off.’ The other replied with ‘well, you don’t want those types to breed.’”

 

“In 2005 I was involved in a car crash which necessitated a precautionary visit to the emergency dept at [redacted] in Perth. An orderly could not contain his mirth at me being a transgender person and kept commenting about it and laughing at me several times over a period of hours while I was required to stay motionless on my back awaiting a spinal scan.”

 

“I was repeatedly misgendered by nurses in a public hospital despite my efforts to correct them”

 

“being continually misgendered and deadnamed at a hospital”

 

“No doctor has refused to treat me but I have had doctors refuse to refer to me as a male once they find out, or assume every ailment must be linked to being transgender.”

 

It also included a refusal to provide essential trans-related medical services:

 

“Doctor telling me I should not get PBS for testosterone because it’s a lifestyle choice not a medical condition”

 

“Had a doctor tell me to stop HRT because it was dangerous, he did not seem to think being trans was real.”

 

“Was prevented from getting access to medical treatment and to start my transitioning for over 6 yrs by doctors.”

 

“My first psychiatrist was a gatekeeper who denied me access to services essential to transition.”

 

Several trans respondents complained about systemic discrimination in place simply to access transition:

 

“I think having to get diagnosed with gender dysphoria and have your life torn open by a psychologist is fucking pretty discriminatory. It’s bullshit. My body, my rules.”

 

“the entire process for getting access to gender related assistance is transphobic”

 

This comment seemed to sum up the feelings of many:

 

“Most doctors are totally clueless about how to treat trans people.”

 

A concerning theme to several stories was homophobic, biphobic and transphobic treatment of LGBTIQ people accessing mental health services:

 

“I was in a psychiatric ward for severe mental health issues and I mentioned that I was queer. The registrar fixated on it and tried to make it out that my sexuality was the root of all my problems. He tried to pathologise it.”

 

“I also had a session with a counsellor who referred to me as having a split personality when they found out I was Transgender.”

 

“Psychologists were the worst, though. I have serious mental illness and part of the problem was sexual assault trauma and problems with harassment and discrimination because of being bisexual. The psychologists told me that it didn’t exist and that I had to choose and that “if you want women it means you need mothering in your relationships so work on that with men”. Dangerous lies.”

 

“My counsellor didn’t “believe” in LGBT people or issues and told me I just needed to “get a job, join a gym and eat healthy””

 

“In a psychiatric ward I got told that my being gay was a part of my mental illness and a contributing factor to my depression”

 

Domestic and family violence was also cited as an area of anti-LGBTIQ discrimination:

 

“I’ve contacted domestic violence places for support groups and been told ‘women only’ even though I’m non-binary, assigned female at birth, and don’t pass as male. When I’ve asked where I’m meant to go, they’re suggested men’s behavioural change programs (I was the victim, I ended up with PTSD!) and then said they had no idea.”

 

“DV situation cops didn’t take a woman abusing a woman seriously”

 

“Having no services for DV Support to get help after a 8 yr DV relationship. Mainstream services having no understanding of LGBTIQ relationships/ community”

 

Finally, there were several examples of anti-LGBTIQ discrimination on the basis of religious belief:

 

“I was hospitalised for a suicide attempt. While there, I was sent a chaplain instead of a nurse to watch me. He spent 6 hours telling me how I was going to hell and how much god hated me and my gender was all in my head.”

 

“I was offered help by the salvation army after I was forced to leave home. I was told that I could just go home, once I mentioned that the cause of my situation was abuse related to my sexuality, the belief seemed to be that I should somehow change my mind and then my parents would accept me.”

 

“I was refused for a counselling service because the organization was religion based and insisted they wouldn’t work with someone that was beyond help like me.”

 

“My job in regards to [employment-related organisation] was with a religious org and it ran aged care services. The org wouldn’t recognise an aging couple’s relationship and they were placed in 2 separate care homes”

 

**********

 

Conclusion

 

The results of these four questions have confirmed that homophobic, biphobic, transphobic and intersexphobic discrimination in health, community services or aged care is relatively widespread, and has a significant impact on many lesbian, gay, bisexual, transgender, intersex and queer Australians.

 

This includes more than 1 in every 5 respondents people reporting lifetime experience of such discrimination, with 11.7% reporting at least one instance of anti-LGBTIQ discrimination in health, community services or aged care in the last 12 months alone.

 

Some groups within the community reported even higher rates than these already high averages, with intersex and trans people, Aboriginal and/or Torres Strait Islander LGBTIQ people and people aged 25 to 44 particularly affected.

 

While the rates of discrimination by religious organisations were comparatively low, it is important to note than in most cases, such discrimination is entirely lawful, due to the wide-ranging and completely unjustified religious exceptions to anti-discrimination laws in the majority of Australian jurisdictions.

 

The personal examples of discrimination in health, community services and aged care shared in response to question 4 demonstrate the different forms such prejudice can take, with many heart-breaking stories of homophobia, transphobia and even discrimination by mental health services.

 

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

 

Thank you to all those people who participated in the survey, and of course to everyone who has read the results I have published. Hopefully, through this process we have demonstrated the ongoing problems caused by homophobia, biphobia, transphobia and intersexphobia in Australia – and the urgent need for our lawmakers and decision-makers to take action to address these issues.

 

Finally, if you would like to continue to receive articles on LGBTI rights, 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.

 

**********

 

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

Part 3: Where Discriminatory Comments Occur and Their Impact 

Part 4: Discrimination in Education

Part 5: Discrimination in Employment

[ii] Noting that discrimination against LGBTI people accessing aged care services from Commonwealth-funded aged care facilities operated by religious organisations is prohibited by the Sex Discrimination Act 1984 (although those same protections do not cover LGBTI employees in those facilities).

[iii] 343 people responded to question 2: 189 yes/154 no.

[iv] 344 people responded to question 3: 59 yes/285 no.

[v] 317 people responded to question 1: 84 yes/233 no.

[vi] 46 respondents.

[vii] 11 respondents.

[viii] 626 people responded to question 1: 124 yes/502 no.

[ix] 62 respondents.

[x] 17 respondents.

[xi] 508 people responded to question 1: 82 yes/426 no.

[xii] 44 respondents.

[xiii] 24 respondents.

[xiv] 365 people responded to question 1: 129 yes/236 no.

[xv] 91 respondents.

[xvi] 14 respondents.

[xvii] 15 people responded to question 1: 6 yes/9 no. Note that, given the small sample size, these percentages should be treated with some caution.

[xviii] 2 respondents.

[xix] 1 respondent.

[xx] 480 people responded to question 1: 142 yes/338 no.

[xxi] 92 respondents.

[xxii] 22 respondents.

[xxiii] 43 respondents total, with 16 yes to question 1 and 11 yes to question 2.

[xxiv] 57 respondents total, with 23 yes to question 1 and 16 yes to question 2.

[xxv] 120 respondents total, with 32 yes to question1 and 20 yes to question 2.

[xxvi] 183 respondents total, with 75 yes to question 1 and 59 yes to question 2.

[xxvii] 57 people responded to question 1: 14 yes/43 no.

[xxviii] 10 respondents.

[xxix] 1 respondent.

[xxx] 860 people responded to question 1: 135 yes/725 no.

[xxxi] 93 respondents.

[xxxii] 28 respondents.

[xxxiii] 431 people responded to question 1: 134 yes/297 no.

[xxxiv] 68 respondents.

[xxxv] 17 respondents.

[xxxvi] 274 people responded to question 1: 65 yes/209 no.

[xxxvii] 25 respondents.

[xxxviii] 11 respondents.

[xxxix] 31 people responded to question 1: 8 yes/23 no. Note that, given the small sample size, these percentages should be treated with some caution.

[xl] 3 respondents.

[xli] 3 respondents.

[xlii] 524 people responded to question 1: 112 yes/412 no.

[xliii] 57 respondents.

[xliv] 14 respondents.

[xlv] 378 people responded to question 1: 86 yes/292 no.

[xlvi] 47 respondents.

[xlvii] 15 respondents.

[xlviii] 245 people responded to question 1: 54 yes/191 no.

[xlix] 28 respondents.

[l] 15 respondents.

[li] 149 people responded to question 1: 33 yes/116 no.

[lii] 19 respondents.

[liii] 4 respondents.

[liv] 133 people responded to question 1: 26 yes/107 no.

[lv] 19 respondents.

[lvi] 4 respondents.

[lvii] 106 people responded to question 1: 17 yes/89 no.

[lviii] 11 respondents.

[lix] 2 respondents.

[lx] 56 people responded to question 1: 13 yes/43 no.

[lxi] 6 respondents.

[lxii] 4 respondents.

[lxiii] 20 people responded to question 1: 4 yes/16 no. Note that, given the small sample size, these percentages should be treated with some caution.

[lxiv] 2 respondents.

[lxv] 1 respondent.

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

-Removing identifying information

-Removing potentially defamatory comments and

-Removing offensive remarks.

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