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Homosexual Law Reform in Australia

NCJ Number
177665
Author(s)
Melissa Bull; Susan Pinto; Paul Wilson
Date Published
1991
Length
10 pages
Annotation
This analysis of the responses of the public in Australia to homosexuals and to reforms of laws related to homosexuals concludes that significant discrimination still exists towards persons who identify with the homosexual community, even with law reform.
Abstract
The law in Australia has been similar to that in most other countries in that it has traditionally applied only to males. Identifying as a homosexual has never been an offense in any Australian jurisdiction, but homosexual acts have been outlawed and remain criminal offenses in Tasmania. In 1972, South Australia became the first Australian jurisdiction to decriminalize some homosexual acts. In addition, the equal opportunity legislation in New South Wales and South Australia covers discrimination related to sexual activity or sexual preference. The debate over homosexual law reform involves many types of arguments. Laws making homosexual acts illegal or differentiating between homosexual and heterosexual acts do not stop homosexual behavior; instead then render a minority liable to blackmail, violence, scapegoating, and discrimination. Public attitudes have changed to support homosexual law reform to make private consenting acts between adults legal. However, passing laws is easier than trying to change attitudes; homosexuals still experience disadvantages in jurisdictions where laws have changed. Jurisdictions that are changing laws should focus on decriminalizing homosexual acts between consenting adults in private and should make no difference in the age of consent for males and females. 32 references