REMEMBERING THE PAST
WESTERN AUSTRALIAN LAW REFORM The history of GLBTI law reform in Western Australia stretches back more than four decades, from the start of the so-called ‘gay liberation movement’ in the early 1970s, through the decriminalisation of gay sex in 1990, the recognition of non-heterosexual de facto couples and families in state law in 2002, and such couples and families in federal law in 2009. Gay and Lesbian Equality (WA) has a proud history of achievement as WA’s GLBTI human rights lobby group. We have existed under our current name for nearly two decades, and GALE’s foundation can be traced back through preceding organisations like the Gay Law Reform Group of WA, COLAGE (the Coalition for Lesbian and Gay Equality), the Stonewall Union of Students, and the Campaign Against Moral Persecution (CAMP).
of the 1980s that large street-based demonstrations were held demanding equality for GLBTI people. These initial protests led to the creation of Pride WA and the annual march, which now celebrates GLBTI life and equality, and reminds us of the struggles of the past to achieve equality. This increasing public scrutiny, and changing views by the public towards homosexuality being criminalised, put pressure on the government of the day to justify the ludicrous position of prosecuting and locking up gay men for consenting sexual activity for up to 14 years with hard labour. This led to the fifth attempt at decriminalisation – in 1989 – under the Richard Court-led Liberal government. Despite making gay sex legal, the Liberal government begrudgingly did so, and wrote a preamble to the 1989 law, which disapproved of the promotion or encouragement of homosexuality. The onerous age of consent, set at 21, would also see young gay men still criminalised and prosecuted in WA.
Indeed, GALE still has long-term members who were active in the WA chapter of CAMP, which existed across a number of ...initial protests led to the Australian states during the early 1970s. It’s The same Liberal creation of Pride WA and the sometimes hard for government later also annual march, which now younger members of our passed laws relating celebrates GLBTI life and equality, to transgender identity community to imagine, the struggles of in WA, again with quite but life for GLBTI people and reminds us of in the early 1970s was onerous conditions. the past to achieve remarkably different from today. For example, it equality... The closet was fairly much a way of life, required a person to have undergone with people having to hide who they were to en- complete surgical reassignment and to have to sure that they could have a job, be accepted by be approved by a committee to have their birth society and even remain out of jail or treatment for certificate amended. The law also provided for their sexuality. limited anti-discrimination protection for people who had been certified, but provided no protecAfter the Stonewall riots in New York in June 1969, tion for those people who were undergoing treatCAMP formed in a number of states – including ment or living pre-operatively as transgender. Western Australia in July 1971 – to start the path towards gay law reform. The first attempt at de- Despite these reforms, the Richard Court Liberal criminalising homosexuality in WA happened un- government still failed to tackle the big issue of der the Tonkin Labor Government in 1973, which general anti-discrimination laws. It did nothing would eventually culminate in a royal commission when it received a report in 1994 from the Equal into homosexuality, which recommended the de- Opportunity Commissioner recommending gays criminalisation of gay sex with an age of consent and lesbians be covered by anti-discrimination at 18. laws. Similarly, it did nothing when Australia’s Human Rights But it would take half a dozen more attempts over Commissioner released a nearly two decades before adult gay men in West- discussion paper, ern Australia would have sex between them made which discussed legal. Three of the first four failed attempts – 1973, discrimination in 1984, and 1987 – failed primarily due to WA’s up- both state and per house of Parliament being controlled by con- federal laws servative political parties. The 1977 attempt failed in 1997. in the lower house, blocked by strong opposition from the Charles Court-led Liberal government. The slow movement by the WA Government to deal with gay law reform led more and more members of the WA GLBTI community to take a stand and protest. It was during the law reform attempts
© 2010 Gay & Lesbian Equality (WA) Inc.
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