Lesbian, gay, bisexual, and transgender (LGBT) rights in Queensland have advanced significantly from the late 20th century onwards, in line with progress on
LGBT rights in Australia
Lesbian, gay, bisexual and transgender (LGBT) rights in Australia have advanced over the latter half of the twentieth century and early twenty-first century to make Australia one of the most LGBT-accepting countries in the world, with opinion ...
nationally. Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised.
The
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
was equalised to 16 years for all sexual acts in 2016.
Sexuality and
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
are protected attributes under both state and federal anti-discrimination laws. Same-sex couples may marry under Australian law, enter into a
civil partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
under state law or live together in an unregistered
''de facto'' relationship. Same-sex couples may become parents through adoption, foster care, altruistic surrogacy and, for lesbian couples,
IVF. In 2020, Queensland became the first jurisdiction within Australia to pass a law banning
conversion therapy
Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and clin ...
, with a maximum penalty of 18 months imprisonment and fines.
State anti-discrimination protections for sexuality and gender identity were introduced in 2002 and in 2017 the
gay panic defence was abolished from the criminal law.
Transgender and intersex Queenslanders are able to update their government records and birth certificate,
with the "forced divorce" requirement abolished in 2018 and activists calling for the
sexual reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and ...
requirement to be repealed.
LGBT rights have been politically polarised: the
Queensland branch of the
Australian Labor Party
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms t ...
supported the decriminalisation of homosexual sex and anti-discrimination protections as early as 1981 and have introduced various legal reforms when in power, while the socially conservative
Liberal National Party of Queensland
The Liberal National Party of Queensland (LNP) is a major political party in Queensland, Australia. It was formed in 2008 by a merger of the Queensland divisions of the Liberal Party and the National Party. At a federal level and in most other ...
and its predecessor the
National Party has traditionally been more hostile. Queensland has historically been Australia's most conservative state, particularly in the decentralised regions to the north and west of the metropolitan
south-east corner,
but the impact of
social conservatism
Social conservatism is a political philosophy and variety of conservatism which places emphasis on traditional power structures over social pluralism. Social conservatives organize in favor of duty, traditional values and social institut ...
on Queensland politics and laws has gradually declined.
The highest proportion of Queensland same-sex couples are concentrated in
Brisbane
Brisbane ( ) is the capital and most populous city of the Australian state of Queensland, and the third-most populous city in Australia and Oceania, with a population of approximately 2.6 million. Brisbane lies at the centre of the South ...
's inner-city suburbs, with the top three being
New Farm
New Farm is an inner northern riverside suburb in the City of Brisbane, Queensland, Australia. In the , New Farm had a population of 12,542 people.
Geography
The suburb is located 2 kilometres east of the Brisbane CBD on a large bend of the Br ...
,
Fortitude Valley
Fortitude Valley (often called "The Valley" by local residents) is an inner suburb of the City of Brisbane, the state capital of Queensland, Australia. In the , Fortitude Valley had a population of 9,708 people. The suburb features two pedestr ...
and
Teneriffe.
Same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
has been legal in the state since December 2017, after passage of the ''
'' in the
Australian Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...
. The 2017
Australian Marriage Law Postal Survey
The Australian Marriage Law Postal Survey was a national survey designed to gauge support for legalising same-sex marriage in Australia. The survey was held via the postal service between 12 September and 7 November 2017. Unlike voting in ...
, designed to gauge public support for
same-sex marriage in Australia
Same-sex marriage in Australia has been legal since 9 December 2017. Legislation to allow same-sex marriage, the '' Marriage Amendment (Definition and Religious Freedoms) Act 2017'', passed the Australian Parliament on 7 December 2017 and rece ...
, returned a 60.7% "Yes" response in Queensland.
Laws regarding sexual activity
Initially inherited from the
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
, anti-homosexuality laws were retained by Queensland from 1895 until their repeal in 1991, while lesbian activity was always legal.
Queensland's
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
for all forms of sex is 16, since the age of consent for
anal sex
Anal sex or anal intercourse is generally the insertion and thrusting of the erect penis into a person's anus, or anus and rectum, for sexual pleasure.Sepages 270–271for anal sex information, anpage 118for information about the clitoris. ...
was lowered from 18 years to 16 years in 2016.
Queensland was the last Australian jurisdiction to equalise its age of consent.
A proposal to
expunge
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or u ...
the criminal records of men convicted of consensual homosexual acts was passed in 2017.
The historical developments are considered further below.
Historical persecution
As with other former British colonies, Queensland originally derived its criminal law from the United Kingdom. This included the prohibition of "
buggery" and
"gross indecency" between males. Similarly to the United Kingdom, lesbianism was never criminalised under Queensland law.
A review of Queensland homosexual convictions between 1860 and 1954 revealed that judges tended to hand down sentences that, while still harsh, were at the lenient end of the scale.
The release of the
Wolfenden Report
The Report of the Departmental Committee on Homosexual Offences and Prostitution (better known as the Wolfenden report, after Sir John Wolfenden, the chairman of the committee) was published in the United Kingdom on 4 September 1957 after a suc ...
in the United Kingdom in 1957 marked the beginning of a change in official attitudes in the
English-speaking world
Speakers of English are also known as Anglophones, and the countries where English is natively spoken by the majority of the population are termed the '' Anglosphere''. Over two billion people speak English , making English the largest languag ...
, with its recommendation that homosexuality be decriminalised.
Homosexual sex was legalised in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
in 1967.
While other states in Australia began to liberalise their anti-homosexuality laws in the 1970s and 1980s, Queensland was ruled by the socially conservative National Party of
Joh Bjelke-Petersen
Sir Johannes Bjelke-Petersen (13 January 191123 April 2005), known as Joh Bjelke-Petersen, was a conservative Australian politician. He was the longest-serving and longest-lived premier of Queensland, holding office from 1968 to 1987, during ...
.
His government actively used homophobia for electoral advantage, linking it to paedophilia and presenting it as morally deviant.
At this time government policy was uniformly hostile; the Education Department refused to offer teaching work to openly gay men such as George Weir and in 1985 the government passed an amendment to the ''Liquor Act'' making it an offence for publicans to serve alcohol to "perverts, deviants, child molesters and drug users" or to allow them to remain on licensed premises.
The Bjelke-Petersen Government intended that the new licensing law be used to refuse service to homosexuals.
Although lesbianism was never criminalised directly, women could still be targeted by Bjelke-Petersen's "homosexual deviance" laws that allowed proprietors to call the police on patrons suspected of being lesbian.
The 1970s also saw the beginning of a local gay rights movement, with meetings held at the 379 Club on George Street and the local chapter of the
Campaign Against Moral Persecution launched in 1971.
Anti-homosexuality laws were enforced by police throughout the 1980s, including against men who were in same-sex relationships and were not aware that their private conduct was illegal.
National Party politicians of the time such as Queensland minister
Geoff Muntz and federal leader
Ian Sinclair
Ian McCahon Sinclair (born 10 June 1929) is a former Australian politician who served as leader of the National Party from 1984 to 1989. He was a government minister under six prime ministers, and later Speaker of the House of Representative ...
made their anti-gay views well known, with the latter claiming that the Labor Party's failure to condemn homosexuality was helping the spread of the newly discovered
HIV
The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
.
In 1987 then-Justice Minister
Paul Clauson
Paul John Clauson (born 16 September 1949) is a former Australian politician.
Early life and family
Clauson was born in Brisbane to Alan George Malcolm Clauson and Ethel Marjory, ''née'' Montgomery. He attended Wellington Point Primary Sc ...
proposed extending the "gross indecency" offences to cover lesbians as well, but this was abandoned as enforcement would be impossible.
Fear of
HIV
The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
and
AIDS
Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual m ...
were at their height in the 1980s, with at least 45 positive AIDS tests and six deaths in Queensland by 1985.
Then Health Minister at the time
Brian Austin
Brian Douglas Austin (born 22 March 1943) is an Australian politician and Minister of Health (1980–1983 and 1983 - 1986) and Minister for Finance and Minister Assisting the Premier and Treasurer (1987 - 1989) and who represented the state s ...
sought to relax some of the state morality laws, such as the ban on
condom
A condom is a sheath-shaped barrier device used during sexual intercourse to reduce the probability of pregnancy or a sexually transmitted infection (STI). There are both male and female condoms. With proper use—and use at every act of in ...
vending machines, but was overruled by the Cabinet.
Instead the Bjelke-Petersen Government used the fear caused by HIV/AIDS infection of the blood supply to increase homophobic sentiment and demonise LGBT people further.
The first major public demonstration in favour of decriminalisation occurred on 31 August 1989, when several hundred people demonstrated outside Parliament House in Brisbane.
The protests arose after five men from
Roma
Roma or ROMA may refer to:
Places Australia
* Roma, Queensland, a town
** Roma Airport
** Roma Courthouse
** Electoral district of Roma, defunct
** Town of Roma, defunct town, now part of the Maranoa Regional Council
*Roma Street, Brisbane, a ...
were charged with a variety of anti-homosexuality offences. At the time the maximum penalty for "sodomy" was seven years in jail.
Opinion polls published by ''
The Bulletin'' during that era suggested that while a majority of Queenslanders did not support equal rights for gay people, they thought that private homosexual conduct between consenting adults should be decriminalised.
Before legalisation about 460 men were convicted under the laws, with police making arrests as late as 1989.
Legalisation of male same-sex activity
The
Fitzgerald Inquiry
The Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (the Fitzgerald Inquiry; 1987–1989) into Queensland Police corruption was a judicial inquiry presided over by Tony Fitzgerald QC. The inquiry resulted ...
was commissioned in the late 1980s in Bjelke-Peteresen's temporary absence, following allegations of corruption and misconduct in the
Queensland Police
The Queensland Police Service (QPS) is the principal law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto ...
. The inquiry subsequently investigated the entire system of government. One of its recommendations was that a newly established
Criminal Justice Commission review the laws governing voluntary sexual behaviour, including homosexual activity.
This proposal was an issue in the
1989 state election. National Party leader
Russell Cooper
Theo Russell Cooper (born 4 February 1941) is a former Australian National Party of Australia – Queensland, National Party politician.
He was Premier of Queensland for a period of 73 days, from 25 September 1989 to 7 December 1989. His loss ...
, whose party was heavily implicated in corruption by the Fitzgerald Inquiry, tried to galvanise socially conservative support using his party's opposition to the legalisation of homosexual conduct. During the election campaign he claimed that his party's corruption was a "secondary issue" to moral issues like abortion and homosexuality, adding that the then-Opposition
Labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the la ...
's policy of decriminalisation would send a "flood of gays crossing the border from the Southern states". As a result, Cooper was lampooned in Labor advertisements as a wild-eyed reactionary, a clone of Bjelke-Petersen and/or a puppet of Nationals party president Sir
Robert Sparkes
Sir Robert Lyndley Sparkes (31 May 19296 August 2006) was President of the Queensland National Party from 1970 to 1990 and the mayor of the Shire of Wambo for over 30 years.
Sparkes was born in Dalby, Queensland, the son of Sir Jim Sparkes.
...
.
Cooper's party lost the election to Labor.
Following its victory, the new Government of
Wayne Goss
Wayne Keith Goss (26 February 1951 – 10 November 2014) was Premier of Queensland from 7 December 1989 until 19 February 1996, becoming the first Labor Premier of the state in over thirty two years. Prior to entering politics, Goss was a solic ...
undertook the proposed review into the legality of homosexuality. That review recommended that homosexual offences be removed from the state's ''
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
'' and that the age of consent for private consensual conduct be 16 years for both homosexual and heterosexual conduct.
Goss' government largely implemented the changes in the
Criminal Code and Another Act Amendment Act 1990', which was passed by the parliament on 28 November 1990 and received
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 7 December 1990.
Decriminalisation was strongly opposed by the National Party at the time, but they ultimately failed to prevent it.
Repeal of the anti-homosexuality offences took effect upon
proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
on 19 January 1991.
Age of consent equalisation
The initial decriminalisation of homosexuality in Queensland in 1991 failed to implement an equal
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally cla ...
, despite it being a majority recommendation of the 1990 Parliamentary Criminal Justice Committee review of homosexuality. Queensland's age of consent remained at 16 for
oral
The word oral may refer to:
Relating to the mouth
* Relating to the mouth, the first portion of the alimentary canal that primarily receives food and liquid
**Oral administration of medicines
** Oral examination (also known as an oral exam or or ...
and
vaginal sex
Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetra ...
. By comparison, the age of consent for anal sex was set at 18, with section 208 of the Queensland Criminal Code imposing up to 14 years imprisonment for "sodomy" that involved a person under that age, whether male or female. When the government of
Wayne Goss
Wayne Keith Goss (26 February 1951 – 10 November 2014) was Premier of Queensland from 7 December 1989 until 19 February 1996, becoming the first Labor Premier of the state in over thirty two years. Prior to entering politics, Goss was a solic ...
decriminalised male homosexual activity in Queensland, it imposed a higher age of consent for anal intercourse as a "pragmatic political response" to the objections of religious lobby groups, who largely equated homosexuality with anal sex.
In 1996 the
Borbidge National/Liberal Government changed the terminology in section 208 from "anal intercourse" to "sodomy" and doubled the applicable penalties. In October 2008 Labor's Attorney-General Kerry Shine raised the penalty for attempting under-18 sodomy to be the same as for committing the act.
By 2016, Queensland was the last state or territory in Australia without an equal age of consent for all sexual activity.
Successive state governments had ignored repeated calls for reform since the 1990s.
Reform gained traction in August 2015, when the Palaszczuk government announced that it would consider a proposal to equalise age of consent laws relating to sexual intercourse. On 16 June 2016, the Minister for Health and Ambulance Services,
Cameron Dick, introduced to the parliament the ''Health and Other Legislation Amendment Bill 2016''. Among other things, the legislation amended the state
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
to standardise the age of consent for all forms of sexual intercourse to 16 years and replaced "anachronistic, value-laden" and stigmatising references to "
sodomy
Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...
" with the neutral term "anal intercourse".
The bill was reviewed by the Legal Affairs and Community Safety Committee, which tabled its report to parliament on 1 September 2016. The committee recommend the bill be passed in full by the parliament, finding that the existing law was "particularly discriminatory to same-sex attracted young men and could inhibit their ability to receive advice on sexual health", and that it denied "peer acceptance and community support" to gay and bisexual youth.
The bill passed the parliament on 15 September 2016
and went into effect following
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 23 September 2016.
Labor Party politicians voted unanimously along with independent politicians to pass the changes, together with 28 Opposition
LNP members. The remaining members of the LNP abstained, while the two
Katter's Australian Party
Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...
politicians were the only votes against the legislation.
Historical conviction expungement and apology
In 2012 the
Australian Senate
The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the House of Representatives (Australia), House of Representatives. The composition and powers of the Senate are established in Chapter ...
passed a motion recommending that all states and territories "enact legislation that expressly purges convictions imposed on people prior to the decriminalisation of homosexual conduct". Since that time, most Australian jurisdictions introduced expungement schemes to have such convictions removed from a person's record.
When asked in 2014 whether Queensland would follow suit, then-Attorney General
Jarrod Bleijie
Jarrod Pieter Bleijie (; born 25 January 1982) is an Australian politician in the Queensland parliament. Bleijie was elected as the member for Kawana at the 2009 state election, and is the third member since the seat's inception at the 2001 ...
initially stated there were "no plans" to do so,
before subsequently confirming that he would have an "open mind" to reviewing the law following discussions with the state's LGBTI Legal Service.
No action was taken until the election of the
Palaszczuk Labor Government, which announced in January 2016 that it had referred to the Queensland Law Reform Commission (QLRC) the issue of expunging historical consensual homosexual sex crimes. The commission reported back to the government on 31 August 2016 with a series of recommendations.
On 29 November 2016 the Attorney General tabled the report to Parliament and released draft legislation aimed at allowing men convicted or charged with historical homosexual convictions and "certain historical public morality offences" to apply to have their convictions struck from the public record.
The resulting ''Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017'' was introduced to the
Queensland Parliament
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral s ...
on 11 May 2017.
The law allows a person convicted of, or charged with, an eligible offence to apply to the Director-General of the Department of Justice and Attorney-General for the conviction or charge to be purged. In order to be eligible for expungement, the individual must have been charged with an offence involving participants aged at least 18 years. Given the age of consent was lowered from 18 to 16 in 2016, this means that individuals charged with an offence when they were 16 or 17 between 1991 and 2016 are ineligible to apply for expungement. In a departure from the QLRC's recommendations, the legislation also allows those charged with "public morality offences" to apply for those to also be expunged.
The introduction of the expungement scheme proposal was accompanied by an official apology from Queensland Premier
Annastacia Palaszczuk
Annastacia Palaszczuk ( , Polish: Annastacia Pałaszczuk, ; born 25 July 1969) is an Australian politician who has been the 39th premier of Queensland since 2015 and the leader of the Queensland branch of the Australian Labor Party (ALP) since ...
on behalf of the Queensland Parliament to people charged under historical anti-homosexuality laws.
The apology motion passed without objection, though
LNP Opposition Leader
The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
Tim Nicholls
Timothy James Nicholls (born 6 April 1965) is an Australian politician and a former leader of the Liberal National Party of Queensland. He served as the Treasurer of Queensland and the Minister for Trade of that state between March/April 2012 ...
did not speak to the motion.
The bill was referred to the Legal Affairs and Community Safety Committee, which tabled its report to parliament on 14 July 2017.
The committee recommended that the bill be passed, though
LNP members objected to the inclusion of "public morality" offences in the legislation. The bill passed the
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
on 10 October 2017.
Amendments moved by the
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
allowing offences in certain circumstances to be expunged if they occurred in a public place were passed.
The bill received
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 23 October 2017. The Act and related regulation went into effect from 30 June 2018.
Recognition of same-sex relationships
Cohabiting same-sex couples have been recognised as "
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
" partners under Queensland law since 2002 and under Commonwealth law since 2008. Civil partnerships were first introduced by the
Labor Party under
Anna Bligh
Anna Maria Bligh (born 14 July 1960) is a lobbyist and former Australian politician who served as the 37th Premier of Queensland, in office from 2007 to 2012 as leader of the Labor Party. She was the first woman to hold either position. In 2 ...
in 2012, to allow couples to register their relationship with the option of an official ceremony. They were temporarily downgraded to "registered partnerships" under the short-lived government of
Campbell Newman
Campbell Kevin Thomas Newman (born 12 August 1963) is a former Australian politician who served as the 38th Premier of Queensland from 26 March 2012 to 14 February 2015. He served as the member for Ashgrove in the Legislative Assembly of Quee ...
and his
Liberal National Party, before being reinstated by the returned Labor administration of
Annastacia Palaszczuk
Annastacia Palaszczuk ( , Polish: Annastacia Pałaszczuk, ; born 25 July 1969) is an Australian politician who has been the 39th premier of Queensland since 2015 and the leader of the Queensland branch of the Australian Labor Party (ALP) since ...
in 2016.
Same-sex marriage
Same-sex marriage became legal in Queensland, and in the rest of
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, in December 2017, after the
Federal Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-gen ...
passed a law legalising same-sex marriage. The first same-sex couple to marry in the state were Craig Burns and Luke Sullivan just after midnight on 9 January 2018.
Since September 1, 2021 Queensland has formally included the "X" non-binary option for
marriage certificate
A marriage certificate (sometimes: marriage lines) is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after the civil registration of the marriage.
In so ...
s, forms and documents - alongside male and female.
De facto recognition
The Queensland Government first offered limited recognition to same-sex couples in 1999, focussing on three areas of law – property division, domestic violence protection orders and employment leave.
December 2002 saw more comprehensive reform with the passage of the ''Discrimination Law Amendment Act 2002''. This led to the recognition of same-sex couples in 45 pieces of state legislation and amended the definition of "de facto partner" in the ''Acts Interpretation Act 1954'' to include same-sex couples.
A number of factors should be considered in determining whether a couple is living together on a "genuine domestic basis" and therefore de facto partnerrs, including the nature and extent of their common residence, the length of the relationship, financial and property arrangements, whether the relationship was sexual, the degree of mutual commitment to a shared life and public aspects of the relationship, among other considerations.
This reflects the factors considered both at federal level and in other states and territories.
Since the 2002 amendments, same-sex partners are now recognised in over 60 pieces of state legislation, including superannuation entitlements, workers compensation, the distribution of property in the event of a separation and state-based parental, family, bereavement and carer's leave provisions, among others.
The ''Equal Opportunity in Public Employment Act 1992'' and the ''Public Service Act 2008'' promotes equality of employment in the public sector. Furthermore, if a gay or lesbian couple came to Queensland from another state where they were recognised as a couple, Queensland will do the same.
A series of amendments to
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
legislation in 2008 provided complete recognition of same-sex couples at the federal level. This led to a contradiction with Queensland laws, particularly where children were involved. For example, federal law could require the non-biological parent to pay child maintenance even though Queensland law may not have recognised that person as a parent. Without legal guardianship, health services may not have accepted the other parent authorising procedures for the child. If the biological parent died, his or her partner would not have been considered the next of kin.
These issues were remedied when Queensland allowed same-sex adoption legislation in 2016.
Civil partnerships
Queensland first allowed civil partnerships with the option of an official ceremony, commonly known as
civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s, for both same-sex and opposite-sex couples from February 2012 under the
Bligh Labor Government. Subsequent changes by the
Newman LNP Government watered down civil partnerships, replacing them with "registered relationships" and eliminating official ceremonies from June 2012 onwards.
In December 2015, the
Palaszczuk Labor Government restored civil partnerships and official ceremonies.
The historical developments are detailed below.
Bligh Government
In June 2008, Queensland Attorney-General
Kerry Shine
Kerry Gerard Shine (born 5 October 1948) is an Australian Labor politician who was member of the Legislative Assembly of Queensland for Toowoomba North from 2001 to 2012 and served as Attorney-General of Queensland from 2006 to 2009. He was el ...
announced that the Queensland Government would begin considering a relationships registry for same-sex couples in the second half of 2008. A Galaxy poll conducted in December 2008 showed 60 percent of people in Queensland supported civil unions with 54 percent supporting gay marriage.
However, no progress was made on the issue until late 2011. On 21 October 2011, Deputy Premier
Andrew Fraser announced that he would introduce a
private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
to legalise civil partnerships, which would allow same-sex relationships to be officially registered in Queensland and would allow the option of an official ceremony. Similarly to the existing recognition of same-sex couples as ''de facto'' partners, civil partnerships would provide most of the rights of marriage, excluding adoption rights. Fraser was criticised by the then-Opposition LNP, who claimed his bill was a "political stunt" designed to win
Greens preferences in his
electorate of Mt Cootha.
The
Civil Partnerships Bill 2011' was introduced into Parliament on 25 October 2011 and passed its first reading on a 46–30 vote. On 30 November 2011, it passed its second and third reading on a 47–40 vote. Members of the then-governing
Labor Party were granted a conscience vote. Most voted in favour, except for
Michael Choi,
Geoff Wilson,
Margaret Keech and
Jo-Ann Miller
Jo-Ann Roslyn Miller (born 22 August 1958) is an Australian politician. She was a Labor Party member of the Legislative Assembly of Queensland between February 2000 and February 2020, representing the electorate of Bundamba.
Miller entered pa ...
.
LNP members were denied a conscience vote and voted as a bloc against it. They were joined in opposition by most of the cross-bench, except for
Peter Wellington
Peter William Wellington (born 21 August 1957) is an Australian politician. He was the independent member for Nicklin in the Queensland Legislative Assembly from 1998 to 2017, and served as Speaker from 2015 to 2017. Wellington has held the b ...
.
The legislation passed and became law after receiving
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 6 December 2011. The law commenced operation on 23 February 2012, allowing the first civil unions to be celebrated in March following a 10-day waiting period.
The legislation aligned Queensland with Tasmania, Victoria, the ACT and NSW, which had already implemented similar laws.
Newman Government
The
2012 state election was held soon after civil partnerships became available, with differing policy approaches offered by parties. The
Labor Party and
Queensland Greens
The Queensland Greens is a Green party in Queensland, Australia, and a state member of the Australian Greens. The party is currently represented in all three levels of government, by Larissa Waters and Penny Allman-Payne in the federal Senate; ...
supported retaining them without changes.
Katter's Australian Party
Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...
proposed a full repeal of the civil partnership law, and were criticised for a homophobic advertisement attacking
Campbell Newman
Campbell Kevin Thomas Newman (born 12 August 1963) is a former Australian politician who served as the 38th Premier of Queensland from 26 March 2012 to 14 February 2015. He served as the member for Ashgrove in the Legislative Assembly of Quee ...
for his personal support for same-sex marriage.
Before the LNP took office, party leader Campbell Newman stated that repealing the laws after couples had already entered into civil partnerships would create an "unacceptable and intolerable situation", and so promised to do nothing.
He later stated that the party would repeal the law.
On 12 June 2012,
Premier Newman and
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Jarrod Bleijie
Jarrod Pieter Bleijie (; born 25 January 1982) is an Australian politician in the Queensland parliament. Bleijie was elected as the member for Kawana at the 2009 state election, and is the third member since the seat's inception at the 2001 ...
announced that the legislation would be amended to remove aspects that "mimicked marriage", such as the option of an official ceremony, to avoid offending conservative religious groups.
On 22 June 2012 the
Civil Partnerships and Other Legislation Amendment Bill 2012' was passed by a 69–8 vote, amending the ''Civil Partnerships Act'' with effect from 27 June 2012.
All LNP members voted as a bloc to amend the law. They were opposed by the six present ALP members and independent Peter Wellington. Liz Cunningham also voted against the bill as she wanted a full repeal of the law, while the two Katter's Australian Party members, who also wanted full repeal, abstained.
Apart from renaming the legislation to the ''Relationships Act 2011'', other changes included: changing the terminology to "registered relationships"; amending the termination process, so that instead of seeking a court order from the
District Court, an application would be lodged with the Registrar of Births, Deaths and Marriages, thereby reducing the similarities with obtaining a divorce; and repealing the option of state-sanctioned ceremonies.
Palaszczuk Government
Following the
Queensland election in January 2015, the
Labor Party returned to power, defeating the
Liberal National Party and forming minority government. In May 2015, the Labor Government announced its intention to reinstate civil partnerships and state-sanctioned official ceremonies.
In September 2015, the government introduced the ''Relationships (Civil Partnerships) and Other Acts Amendment Bill 2015'' to the parliament. Under the legislation, any couple has the option of participating in an official ceremony prior to having their relationships registered. The bill also amends other terminologies used throughout the existing Act including replacing references to 'registered relationship' with 'civil partnership.'
The bill received the support of two of the four crossbenchers in the parliament. On 17 September 2015, the bill was referred to the Legal Affairs and Community Safety Committee, who reported back to parliament on 17 November 2015. On 23 November 2015, the LNP opposition announced it would have a free vote on the legislation.
On 3 December 2015, the bill passed the parliament by a margin of 64 votes to 22.
On 17 December 2015 the legislation was granted
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
by the
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
, becoming the
Relationships (Civil Partnerships) and Other Acts Amendment Act 2015'. The Act came into effect following a number of administrative procedures, with civil partnerships resuming in the state on 2 April 2016.
Recognition of interstate and overseas unions
Queensland automatically recognises the civil union or relationship registration schemes of New South Wales, Victoria, Tasmania, South Australia and the Australian Capital Territory and they are taken to be a civil partnership for the purposes of Queensland law.
From 22 September 2017, a range of overseas same-sex marriages or civil unions gained recognition as civil partnerships, having previously been recognised only as de facto relationships under state law. Since the commencement of the federal ''
'' on 9 December 2017, overseas same-sex marriages have been automatically recognised as marriages under Australian law.
Adoption and parenting rights
Adoption and foster parenting
Single LGBTI people and same-sex couples in Queensland are eligible to adopt children since 11 November 2016.
Queensland was the third-last jurisdiction to allow same-sex adoption in 2016. Since April 2018, all Australian jurisdictions legally allow same-sex couples to adopt children.
Historical position
Before 2016, same-sex couples in Queensland had limited recognition under Queensland parenting law. They were unable to legally adopt a child, but were allowed to act as
foster parents
Foster care is a system in which a minor has been placed into a ward, group home ( residential child care community, treatment center, etc.), or private home of a state-certified caregiver, referred to as a "foster parent" or with a family ...
.
The issue of same-sex adoption first gained prominence in 2007, when the Human Rights and Equal Opportunity Commission (HREOC) issued a report entitled ''National Inquiry into Discrimination against People in Same-Sex Relationships'' which recommended amending or creating laws recognising the relationship between a child and both same-sex parents. In particular, ''"'Stepparent adoption' laws should more readily consider adoption by a lesbian co-mother or gay co-father." This will require amendments to remove the prohibition on same-sex stepparent adoption in all state and territory laws other than in WA, the ACT and Tasmania."'' The final report of the Same-Sex: Same Entitlements Inquiry was tabled in Parliament on 21 June 2007.
The state's adoption rules were revised in August 2009 with the ''Adoption Act 2009'' which only allowed opposite-sex couples who were married or in a de facto relationship for two years to adopt. The Act required that applicants for both adoption and stepparent adoption be married or de facto and "the person's spouse is not the same gender as the person" making the application. Although discriminatory, the adoption legislation excluded operation of the ''Anti-Discrimination Act''. A key reform enabled foster parents to more easily adopt their foster children, although same-sex foster parents were excluded. Independent (previously
One Nation) MP
Dorothy Pratt said, "I must say I was very pleased there was no allowance in this bill for homosexual couples to adopt a child." Queensland Premier
Anna Bligh
Anna Maria Bligh (born 14 July 1960) is a lobbyist and former Australian politician who served as the 37th Premier of Queensland, in office from 2007 to 2012 as leader of the Labor Party. She was the first woman to hold either position. In 2 ...
's approach was described as "confusing" by the
Queensland Council for Civil Liberties
The Queensland Council for Civil Liberties (QCCL) is a voluntary organisation in Australia concerned with the protection of individual rights and civil liberties. It was founded in 1966 in order "to protect and promote the human rights and freed ...
after she stated that "everyone – regardless of their sexual status or their gender – should be afforded the privileges of parenthood" in the context of surrogacy, but failed to apply this logic to adoption laws.
Campbell Newman
Campbell Kevin Thomas Newman (born 12 August 1963) is a former Australian politician who served as the 38th Premier of Queensland from 26 March 2012 to 14 February 2015. He served as the member for Ashgrove in the Legislative Assembly of Quee ...
's LNP Government did not consider the issue of same-sex adoption before losing power in 2015.
2016 Palaszczuk Government reforms
Following the return of the Labor Party to power in 2015, Communities Minister
Shannon Fentiman
Shannon Maree Fentiman is an Australian politician. She has been the Labor member for Waterford in the Queensland Legislative Assembly since 2015 and is the current Queensland Attorney-General and Minister for Justice, Women, and the Prevention ...
suggested that the exclusion of same-sex couples from Queensland's adoption laws was out of step with contemporary standards and most other Australian states and territories. She announced the government was seeking public submissions about the laws as part of a five-year review of the legislation.
A review of the state's ''Adoption Act'' was held, with submissions closing on 11 March 2016. On 6 August 2016, the government announced it would table a bill in the parliament later in the month to remove the ban on same-sex adoption, as well as legislate to allow single people and couples undergoing fertility treatment to adopt. The bill would also allow more information to be given to adoptees, make it easier for step-parents to adopt, and remove the offence and penalty for breaches of "no contact" provisions for adoptions before 1991. To these effects, the ''Adoption and Other Legislation Amendment Bill 2016'' was introduced into the parliament on 14 September 2016 by the Minister for Communities,
Shannon Fentiman
Shannon Maree Fentiman is an Australian politician. She has been the Labor member for Waterford in the Queensland Legislative Assembly since 2015 and is the current Queensland Attorney-General and Minister for Justice, Women, and the Prevention ...
. The legislation was immediately referred to the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee, which reported back to parliament on 26 October 2016. The committee was unable to come to a recommendation, with government MP's supportive of the proposed amendments and non-government MP's unsupportive of the amendments. The committee therefore summarised the varying stakeholder views and included an overview of the government's Department of Communities, Child Safety and Disability Services response to said views, noting that the department was largely in favour of the provisions in the bill allowing same-sex couples, single people and couples undergoing fertility treatment to adopt.
The bill returned to the parliament and was debated in the Assembly on 2 November. Parliament divided on six clauses in the bill (all of which expanded the adoption eligibility criteria to allow same-sex couples and single persons to adopt), with 43 votes in favour and 43 opposed. All members of the
Labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the la ...
government voted in favour of the bill and all members of the
Liberal National opposition voted against.
Independent
Independent or Independents may refer to:
Arts, entertainment, and media Artist groups
* Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s
* Independ ...
MP's
Rob Pyne
Robert John Pyne (born 23 April 1967) is an Australian politician, currently serving as a Cairns Region councillor as a member of the Socialist Alliance. He was a member of the Legislative Assembly of Queensland from January 2015 until Novem ...
and
Billy Gordon joined Labor in supporting the bill whilst the two
Katter's Australian Party
Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...
MP's voted against the bill. The
Speaker
Speaker may refer to:
Society and politics
* Speaker (politics), the presiding officer in a legislative assembly
* Public speaker, one who gives a speech or lecture
* A person producing speech: the producer of a given utterance, especially:
** I ...
(Independent MP
Peter Wellington
Peter William Wellington (born 21 August 1957) is an Australian politician. He was the independent member for Nicklin in the Queensland Legislative Assembly from 1998 to 2017, and served as Speaker from 2015 to 2017. Wellington has held the b ...
) cast the decisive vote in favour of the bill, ensuring it passed the parliament.
The legislation went into effect upon receiving
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 11 November 2016,
becoming the
Adoption and Other Legislation Amendment Act 2016'.
Assisted reproductive technology
Socially-infertile women (lesbians) are permitted access to
assisted reproductive treatment (ART) such as
in vitro fertilisation
In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...
(IVF) treatment in Queensland. Section 21 of the
Status of Children Act 1978' provides that where a de facto or married woman, or a woman in a same-sex relationship, gives birth as a result of using
artificial insemination
Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment ...
without the consent of her partner, the donor of the semen used has no rights or liabilities in relation to the child born as a result of that procedure. This exclusion of liabilities and rights also applies to a man donating semen to a single woman. The Act also allows the female de facto partner of the birth mother to be recognised as the legal co-parent in all circumstances, provided the child has been born through the use of a fertilisation procedure with the consent of the birth mother's female de facto partner.
Queensland law also allows fertility clinics to refuse to provide assisted reproductive technology services based on the relationship status or sexuality of those seeking such services.
Surrogacy
The ''Surrogate Parenthood Act 1988'', which commenced on 6 October 1988, prohibited all forms of
surrogacy, formal and informal, paid and altruistic. All surrogacy contracts were deemed void and entering into an agreement (or offering to do so), as well as giving or receiving payment were prohibited. Any advertising in relation to surrogacy was also prohibited. It became a criminal offence for a person ordinarily resident in Queensland to enter into a commercial surrogacy arrangement anywhere in the world.
In May 2008, a parliamentary committee was formed to examine whether to decriminalise altruistic surrogacy in Queensland. Commercial surrogacy was immediately ruled out. A parliamentary report recommended legalising surrogacy only as a last resort, and that people must meet several criteria, including being medically infertile or unable to carry a child.
In October 2009, Attorney-General
Cameron Dick released for consultation draft laws to decriminalise altruistic surrogacy and put into place certain strict requirements, including satisfying the court they have undergone counselling, received independent legal advice and have established a medical or social need for the surrogacy. The draft Bill did not restrict who can enter into a surrogacy arrangement, meaning that a couple, either married or de facto (same-sex or heterosexual) or a single person (male or female) could be the intended parent or intended parents in a surrogacy arrangement and then subsequently apply for a parentage order. The government's draft Bill also amended the law to recognise two mothers as parents. The opposition Liberal National Party countered the Labor government's moves by proposing a law specifically excluding single parents and same-sex couples from any new surrogacy laws. Queensland's Attorney General called the opposition's response "offensive".
The Labor government's bill, which did not restrict who can enter into a surrogacy arrangement, was tabled in November and passed 45 to 36 on 11 February 2010 with seven not voting. The opposition's surrogacy bill was dismissed, and their amendments did not pass. The decriminalisation of altruistic surrogacy allows singles and couples to enter into surrogacy arrangements and to become the parent of a child. It remains illegal for Queensland residents to enter into commercial surrogacy arrangements anywhere in the world. The law took effect on 1 June 2010.
During the 2012 election campaign, LNP leader Campbell Newman stated that the party would not change the new surrogacy laws if it won government. However, after the party attained government in 2012, Attorney-General Jarrod Bleijie announced in Parliament that the LNP would amend Queensland's surrogacy legislation to exclude same-sex couples, singles and heterosexual de facto couples of less than two years' standing.
Bleijie claimed that Newman had not been "fully briefed" on the LNP's policy platform. Newman later stated that his pre-election promise was a "mistake" given earlier misgivings expressed by LNP members, and that he was listening to the majority of members in his party. Subsequently, moderates within the LNP had expressed concern about the proposal to remove surrogacy rights and it was quietly shelved, with Bleijie's announcement described by one colleague as a "brain snap".
Transgender rights
Birth certificates and driver licences are within the jurisdiction of the states, whereas marriage and passports are matters for the Commonwealth. Queensland does legally recognise a person's gender transition but imposes requirements, such as only after undergoing
sexual reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and ...
. Transgender and intersex activists have campaigned to have this abolished for years.
Drivers licences
Since October 2016, Queensland no longer by regulation records both
height
Height is measure of vertical distance, either vertical extent (how "tall" something or someone is) or vertical position (how "high" a point is).
For example, "The height of that building is 50 m" or "The height of an airplane in-flight is abou ...
or
gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
on an individuals
drivers licence
A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a public r ...
. Australian Transgender Support Association Queensland president Gina Mather responded that her organisation had not been consulted and she believed that most trans* Queenslanders would in fact prefer to keep the sex identifier on their licences, since it was an easy way for them to prove their identity.
Before the change, Queensland had been the only state to issue driver licences that contained a person's sex.
Changing it required, in addition to completing a form and evidence of identity and/or name change, an official letter from a registered medical practitioner, psychiatrist or psychologist confirming that the person was "undergoing treatment on a gender re-assignment program" and should be considered the corresponding sex.
Change of name
If a transgender person wishes to change their name as part of their gender transition, they are required to do so before seeking to update their birth certificate.
Queensland only allows people to change their name if they were either born/adopted in Queensland or born overseas but have lived in Queensland for at least twelve months. A name change is allowed every twelve months and cannot be made for criminal purposes, such as fraud.
Updating birth certificate
In order for Queensland law to recognise a person's gender identity and issue a birth certificate updated with their affirmed sex, the following requirements must be met:
* the birth or adoption was registered in Queensland
* the person must have already changed their name, as demonstrated by a
deed poll
A deed poll (plural: deeds poll) is a legal document binding on a single person or several persons acting jointly to express an intention or create an obligation. It is a deed, and not a contract because it binds only one party (law), party.
Et ...
or change of name certificate
* the person must be 18 years old (if a child, parental agreement and court approval are required)
* the person must have undergone
sexual reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and ...
, as verified by the
statutory declarations of two doctors
Activists have called for several existing requirements to be relaxed or removed, to make it easier for people to change their birth certificates.
Before June 2018 the law required post-operative
transgender
A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...
people to
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
their spouse before their gender could be officially changed, a requirement criticised on social media. This was a legacy of the federal ban on
same-sex marriage in Australia
Same-sex marriage in Australia has been legal since 9 December 2017. Legislation to allow same-sex marriage, the '' Marriage Amendment (Definition and Religious Freedoms) Act 2017'', passed the Australian Parliament on 7 December 2017 and rece ...
, which was overturned in December 2017.
The requirement for sexual reassignment surgery has also been criticised by transgender advocates on the basis that this excludes people who may be unable or unwilling to undergo surgery given the potential health risks and high costs involved.
In 2016 a spokesperson for Attorney-General
Yvette D'Ath
Yvette Maree D'Ath (born 26 July 1970) is an Australian politician. She is a Labor member of the Legislative Assembly of Queensland representing the seat of Redcliffe. D'Ath is currently the Minister for Health and Ambulance Services and Leader ...
noted the Palasczuk Government was working through other areas of LGBTI law reform first, such as age of consent equalisation, adoption reform, gay panic defence repeal and historical conviction expungement, but would consider further reforms once those issues had been resolved.
On 7 March 2018, the ''Births, Deaths and Marriages Registration Amendment Bill 2018'' was introduced to the
Queensland Parliament
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral s ...
to repeal the requirement that one must be "unmarried" for a change of sex to be registered on one's birth certificate. The requirement for
sexual reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and ...
remains. The legislation was referred to the Legal Affairs and Community Safety Committee, which handed down its report recommending that the bill be passed on 23 April 2018. The bill passed the
Legislative Assembly on 13 June 2018, receiving the support of the
Labor government, the
Liberal National opposition, one
Greens MP and the
independent
Independent or Independents may refer to:
Arts, entertainment, and media Artist groups
* Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s
* Independ ...
MP. The three
Katter's Australian Party
Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...
MPs and the solitary
One Nation MP voted against the bill. The bill received royal assent on 18 June 2018 and commenced on the same day.
Queensland police force documents
Since July 2020, Queensland police force forms allow a change of sex and/or name on documents online immediately.
Queensland Supreme Court
In January 2021, the
Queensland Supreme Court allowed a transgender teenager to get approval for medical treatment with puberty blockers - by just one parents permission.
Queensland birth certificate reforms
In May 2021, it was reported that a government bill would soon be introduced by the end of 2021 within
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
- to repeal the archaic
surgery
Surgery ''cheirourgikē'' (composed of χείρ, "hand", and ἔργον, "work"), via la, chirurgiae, meaning "hand work". is a medical specialty that uses operative manual and instrumental techniques on a person to investigate or treat a pat ...
requirement to change sex on an individual's
birth certificate
A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...
. Also New South Wales is the only other jurisdiction of Australia to still have the
surgery
Surgery ''cheirourgikē'' (composed of χείρ, "hand", and ἔργον, "work"), via la, chirurgiae, meaning "hand work". is a medical specialty that uses operative manual and instrumental techniques on a person to investigate or treat a pat ...
requirement to change sex on an individual's
birth certificate
A birth certificate is a vital record that documents the birth of a person. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuin ...
.
In November 2021, it was reported that a government bill “would be delayed” to reform Queensland BDM legislation and to repeal the surgical requirements until sometime within 2022.
Intersex rights
In March 2017, representatives of
Androgen Insensitivity Syndrome Support Group Australia
Intersex Peer Support Australia (IPSA), also known as the Androgen Insensitivity Syndrome Support Group Australia, is possibly the oldest known intersex organization, established in 1985. It provides peer and family support, information and advo ...
and
Organisation Intersex International Australia
Intersex Human Rights Australia (IHRA) is a voluntary organisation for intersex people that promotes the intersex human rights, human rights and bodily autonomy of Intersex rights in Australia, intersex people in Australia, and provides educatio ...
participated in an Australian and Aotearoa/New Zealand consensus "Darlington Statement" by intersex community organizations and others.
The statement calls for legal reform, including the criminalization of deferrable
intersex medical interventions
Intersex medical interventions, also known as intersex genital mutilations (IGM), are surgical, hormonal and other medical interventions performed to modify atypical or ambiguous genitalia and other sex characteristics, primarily for the purposes ...
on children, an end to legal classification of sex, and improved access to peer support.
Discrimination protections
State
The ''Anti Discrimination Act 1991'' initially protected gay men and lesbians from discrimination on the grounds of "lawful sexual activity".
This approach had a number of deficiencies, such as reducing sexual orientation to sex acts and maintaining a "legislative silence" around LGBT people.
On 29 November 2002, Queensland Parliament passed the Discrimination Law Amendment Act 2002 which reformed a wide range of areas in the Queensland ''Anti-Discrimination Act 1991'' such as couples (whether same sex or de facto), including transgender persons ("gender identity") and "sexuality" in protection under existing anti-discrimination and anti-vilification legislation. The areas covered are work and work related; education; goods and services; superannuation and insurance; disposal of land; accommodation; club membership; administration of state laws and programs; local government; existing partnership and in pre-partnership.
The employment-related anti-discrimination provisions contain a "genuine occupational requirement" clause that allows religious organisations to make employment decisions which may discriminate against pregnant, openly gay, transgender or unmarried people, if such persons know their actions are "contrary to the employer's religious belief". The Queensland Human Rights Commission conducted a year-long review into the Act, presenting its findings to the Queensland Parliament in September 2022. The report recommends removing the clause and replacing it with a narrower one covering only teachers "involved in direct teaching of the religion".
In practice, those facing discrimination on the basis of gender identity have faced difficulties in pursuing anti-discrimination claims: in its 2013 annual report, the Anti-Discrimination Commission of Queensland noted that a single gender identity claim—0.2% of its work—had been upheld.
Trans men and women potentially face years waiting for their claims to be resolved, with little support available for people outside south-east Queensland and Cairns.
Federal
Australian Commonwealth law does outlaw discrimination based on "marital or relationship status, sexual orientation, gender identity and/or intersex status" at the federal level in various areas that includes coverage of aged care, employment, health services, goods and services, and accommodation, since August 2013. Federal employment protection does include "sexual orientation" in the federal ''Fair Work Act 2009''. However, in response to Australia's obligation to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organisation Convention No.111 (ILO 111), the ''
Human Rights and Equal Opportunity Commission
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but oper ...
(HREOC) Act'' established the HREOC in 1986, and empowers it to investigate complaints of discrimination in employment and occupation on various grounds, including sexual orientation, and to resolve such complaints by conciliation. If it cannot be conciliated, the Commission prepares a report to the federal Attorney-General who then tables the report in Parliament. It is important to note that such discrimination is not rendered unlawful under the Act.
The ''Human Rights (Sexual Conduct) Act 1994'' provided that sexual conduct involving only consenting adults (18 years or over) acting in private would not be subject to arbitrary interference by law enforcement. This applies to any law of the Commonwealth, State or Territory.
As of August 2013, the Australian federal Commonwealth Government under law does provide protections for "marital or relationship status, sexual orientation, gender identity and/or intersex status" at the federal level at various levels that cover aged care, employment, health services, goods and services, accommodation, etc. in the ''Human Rights Commission Act 1981'' (Commonwealth legislation).
Federal law also protects LGBT and Intersex people in Queensland after additional protected attributes were added to the ''Sex Discrimination Act 1984'' by the ''Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013'', with effect from 1 August 2013.
Schools and LGBTI students
80% of 581 gay and lesbian students surveyed in Queensland in 2013 reported being bullied in a La Trobe University survey, the worst result in the country.
In 2013 Queensland was the only state with no official policy in place to combat homophobic bullying.
In 2013 the Newman Government published a policy statement entitled "Supporting Same Sex Attracted, Intersex or Transgender Students at School", but it subsequently revoked the policy in favour of allowing principals to make decisions on a case-by-case basis.
Education Minister
John-Paul Langbroek
John-Paul Honoré Langbroek (born 31 January 1961) is an Australian politician who has been a member of the Legislative Assembly of Queensland representing the centre-right Liberal Party and its successor, the centre-right Liberal National Part ...
noted there were "contentious views associated with gender diverse and same-sex attracted students", including opposition to recognising LGBT issues in schooling.
The draft policy statement had encouraged state schools to have coeducational sporting teams, gender neutral uniforms and consider scheduling physical education classes to cut down on the number of clothes changes required.
Instead, principals were to be provided with "supporting materials".
The policy change was criticised by
PFLAG
PFLAG is the United States' first and largest organization uniting parents, families, and allies with people who are lesbian, gay, bisexual, transgender, and queer (LGBTQ+). PFLAG National is the national organization, which provides support t ...
national spokeswoman Shelley Argent while Australian Transgender Support Association Queensland president Gina Mathers supported the move to case-by-case decision-making, while expressing cynicism about its practical application.
Following the 2014 rollout of the
Safe Schools anti-LGBTI bullying program across the country, controversy arose when social conservatives such as
George Christensen
George Robert Christensen (born 30 June 1978) is a former Australian politician and former journalist who was a member of the Australian House of Representatives from 2010 to 2022, as the member of parliament (MP) for the division of Dawson. He ...
and the
Australian Christian Lobby
The Australian Christian Lobby (ACL) is a conservative right-wing Christian Advocacy group, advocacy organisation based in Canberra. It is similar to the other international Christian lobby groups, and seeks to represent Christian citizens and v ...
opposed it for allegedly promoting age-inappropriate "radical sex education and gender theories" to children, with opposing petitions both for and against the program prepared for the Queensland Parliament.
Education minister
Kate Jones
Kate Jennifer Jones (born 10 April 1979) is an Australian former politician from Queensland. She served as a Labor Party Member of Parliament in the Legislative Assembly of Queensland from 2006 to 2012, and again from 2015 to 2020. Jones firs ...
defended the program.
It is voluntary for schools to participate in the Safe Schools program with the list of participating schools no longer publicly available since they began to receive harassment from members of the community.
The Queensland Teachers Union opposed the
Turnbull Government's proposal that school principals needed approval from their Parents & Citizen's Association before they could participate in the program. Following the 2016
suicide of Tyrone Unsworth
The suicide of Tyrone Unsworth (16 August 2003 – 22 November 2016) occurred on 22 November 2016, in Brisbane, Australia. Unsworth, a 13-year-old boy, died by suicide after years of bullying motivated by his homosexuality. His death garnered ...
, a 13-year-old
Aspley State High School student who faced incessant homophobic bullying, hundreds of people rallied in Brisbane for the compulsory introduction of Safe Schools across Queensland schools, which Education Minister Kate Jones stated would remain voluntary.
Abolition of gay panic defence
On 21 March 2017, the
Queensland Parliament
The Parliament of Queensland is the legislature of Queensland, Australia. As provided under the Constitution of Queensland, the Parliament consists of the Monarch of Australia and the Legislative Assembly. It has been the only unicameral s ...
approved legislation clarifying that its
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
did not allow unwanted sexual advances to be considered
provocation
Provocation, provoke or provoked may refer to:
* Provocation (legal), a type of legal defense in court which claims the "victim" provoked the accused's actions
* Agent provocateur, a (generally political) group that tries to goad a desired res ...
, effectively abolishing the
gay panic defence under Queensland law.
Historically, Australian courts interpreted
the law of provocation to allow a man charged with the
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
of another man to claim that he was provoked by a non-violent sexual advance from the deceased; this could act as a partial defence to murder, reducing the crime to
manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
and resulting in a lower penalty.
Known as the "gay panic defence" or "homosexual advance defence", it was used in a number of Australian murder trials where the victim was alleged to have made a homosexual advance towards his killer.
A 2008 report by the Queensland Law Reform Commission on the topic of provocation stated "it is difficult to imagine how a non-violent sexual advance to a man by a woman could be regarded as justification for killing the person making the advance... in principle, gender should make no difference to the law's conclusion". In 2008, two men attempted to use the gay panic defence after killing Wayne Ruks in the grounds of St Mary's Catholic Church in
Maryborough, even though his mother clarified that Ruks was heterosexual and the video footage did not support the killers' claims.
This case, followed by another attempt to use the defence in the nearby bashing death of hitchhiker Stephen Ward six months later, led local priest Father Paul Kelly to launch a
Change.org
Change.org is a worldwide nonprofit petition website, based in California, US, operated by the San Francisco-based company of the same name, which has over 400 million users and offers the public the ability to promote the petitions they care abo ...
petition to remove its application from Queensland law.
The petition was supported by British comedian
Stephen Fry
Stephen John Fry (born 24 August 1957) is an English actor, broadcaster, comedian, director and writer. He first came to prominence in the 1980s as one half of the comic double act Fry and Laurie, alongside Hugh Laurie, with the two starring ...
and obtained 289,000 signatures by 2016.
Although the Bligh ALP Government flagged its intention to remove the defence, following the election of the Newman LNP government in 2012, new Attorney-General Jarrod Bleijie stated that no changes would be made. By 2016, all Australian states and territories apart from Queensland and South Australia had abolished the gay panic defence or the provocation doctrine altogether.
In May 2016, the
Palaszczuk Government announced its intention to remove the homosexual advance defence by the end of the year. A number of celebrities subsequently voiced their support for the abolition of the homosexual advance defence by the year's end, including
Tom Ballard
Thomas Colin Ballard (born 26 November 1989) is an Australian comedian, radio and television presenter.
Early life
Ballard was born to parents Judy and Neil Ballard and grew up in Warrnambool, Victoria. He attended Brauer Secondary Colle ...
,
Benjamin Law,
Josh Thomas,
Rove McManus
John Henry Michael McManus (born 21 January 1974), better known by the stage name Rove McManus, is an Australian triple Gold Logie award-winning comedian, television and radio presenter, producer and media personality. He was the host of the e ...
,
Missy Higgins
Melissa Morrison Higgins (born 19 August 1983), known professionally as Missy Higgins, is an Australian singer-songwriter and musician. Her Australian number-one albums are ''The Sound of White'' (2004), ''On a Clear Night'' (2007) and ''The Ol ...
and
Faustina Agolley
Faustina "Fuzzy" Agolley (born 10 April 1984) is an Australian television presenter best known for her role as the host of long-running Australian music program ''Video Hits'' on Channel 10. She was also the host of late-night game and gadget ...
.
On 30 November 2016 the Attorney-General introduced legislation to amend the provocation section of the Criminal Code so that an "unwanted sexual advance" could no longer reduce the criminal responsibility for a killing from murder to manslaughter.
The defence of provocation would still be available in circumstances of an "exceptional character", which is undefined and would be assessed on a case-by-case basis by a judge, but may include a history of violence by the victim against their killer.
Upon introducing the bill into the parliament, Attorney General
Yvette D'Ath
Yvette Maree D'Ath (born 26 July 1970) is an Australian politician. She is a Labor member of the Legislative Assembly of Queensland representing the seat of Redcliffe. D'Ath is currently the Minister for Health and Ambulance Services and Leader ...
stated that, despite the "exceptional character" proviso, "an unwanted homosexual advance is not of itself to be considered an exceptional circumstance". The bill, the ''Criminal Law Amendment Bill 2016'', was referred to the Legal Affairs and Community Safety Committee. A number of submissions were received in response to the proposal, including opposition from the
Australian Christian Lobby
The Australian Christian Lobby (ACL) is a conservative right-wing Christian Advocacy group, advocacy organisation based in Canberra. It is similar to the other international Christian lobby groups, and seeks to represent Christian citizens and v ...
who alleged that removing the "unwanted sexual advance" defence would discriminate against women who were groped.
Representatives of the Queensland Law Society suggested including examples of "exceptional character" in the legislation to ensure the intention of the legislation was upheld,
while the LGBTI Legal Service supported the proposal without any changes.
The committee issued its report on 21 February 2017 and recommended that the bill be passed by the parliament in full. The concern regarding the lack of a definition as to what constitutes an "exceptional character" in a defence of provocation was discussed, with the committee recommending that the proposals in Clause 10 be reviewed in five years to establish whether they had operated as intended.
On 21 March 2017, the bill was
read a second time and passed the parliament.
Attorney-General
Yvette D'Ath
Yvette Maree D'Ath (born 26 July 1970) is an Australian politician. She is a Labor member of the Legislative Assembly of Queensland representing the seat of Redcliffe. D'Ath is currently the Minister for Health and Ambulance Services and Leader ...
stated following the bill's passage that the reform would mean that "an unwanted sexual advance, even one that involves minor touching, cannot be enough, other than in circumstances in an exceptional character, to reduce criminal responsibility for killing a person with murderous intent." The
LNP opposition moved amendments that would explain what constituted circumstances of 'exceptional character', though these were narrowly defeated. Ms D'Ath argued that it would be "impossible for the legislature to identify the infinite circumstances that may arise in a homicide case" and so left the term undefined, though insisted the parliament's clear intention was that it would not include "unwanted homosexual advances".
The bill received
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on 30 March 2017, becoming the
Criminal Law Amendment Act 2017', and went into effect immediately.
Conversion therapy ban
Queensland effective since 20 August 2020, became the first jurisdiction within Australia to legally ban conversion therapy for sexual orientation or gender identity - with a maximum penalty of 18 months imprisonment and fines.
Health practitioners face fines and up to 18 months imprisonment for "conditioning techniques such as
aversion therapy
Aversion therapy is a form of psychological treatment in which the patient is exposed to a stimulus while simultaneously being subjected to some form of discomfort. This conditioning is intended to cause the patient to associate the stimulus wit ...
,
psychoanalysis
PsychoanalysisFrom Greek: + . is a set of theories and therapeutic techniques"What is psychoanalysis? Of course, one is supposed to answer that it is many things — a theory, a research method, a therapy, a body of knowledge. In what might b ...
and
hypnotherapy
Hypnotherapy is a type of mind–body intervention in which hypnosis is used to create a state of focused attention and increased suggestibility in the treatment of a medical or psychological disorder or concern. Popularized by 17th and 18th cen ...
, clinical interventions, including counselling, or group activities that aim to change or suppress a person’s sexual orientation or gender identity".
The ban was criticised by the organisations SOGICE Survivors, Brave Network and PFLAG (parents and friends of lesbians and gays) for only focusing on healthcare professionals, when the practice often occurs in other settings – such as within religious organizations.
The ban passed 47–41 with the ALP, an Independent and Greens in favour of the bill – while the LNP, North Queensland First, Katter's Australia Party and One Nation opposed the bill.
Health Minister
Steven Miles
Steven John Miles (born 15 November 1977) is an Australian politician who is the 40th and current premier of Queensland, in office since 2023. He is the state leader of the Australian Labor Party (ALP) and previously served as deputy premier f ...
had announced the plan to ban
gay conversion therapy
Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and clin ...
practices in the state in November 2019.
The proposal was supported by the Australian Psychological Society and the Queensland Human Rights Commission, while the Queensland Law Society expressed concern about unintended consequences of the drafted proposal and a number of religious schooling organisations indicated their opposition.
Social conditions
Social attitudes to homosexuality
A 2005 paper by the
Australia Institute
The Australia Institute is a left-wing public policy think tank based in Canberra, Australia. Since its launch in 1994, it has carried out research on a broad range of economic, social, and environmental issues.
The institute has offices in Ca ...
, ''Mapping Homophobia in Australia'', found that 38% of Queensland respondents considered homosexuality to be immoral, making it one of the most homophobic states in Australia, alongside Tasmania.
Overall the most homophobic areas in the study were the Moreton area of country Queensland (excluding the Gold Coast and Sunshine Coast), Central/South-West Queensland and the Burnie/Western district of Tasmania, where 50 per cent considered homosexuality to be immoral.
A 2010 Roy Morgan poll confirmed Queensland as being the most anti-gay state in the nation, with one third of Queensland respondents considering homosexuality to be immoral.
The state had the three federal electorates with the highest proportions of respondents considering homosexuality to be immoral – the
Division of Capricornia
The Division of Capricornia is an Australian Electoral Division in Queensland.
Capricornia is a traditionally a Labor-voting electorate, having been Labor-held for 72 years of the 100 years since 1922. However, Capricornia has recently trended ...
(44.7%), the
Division of Wright
The Division of Wright is an Australian Electoral Division in Queensland.
Geography
Federal electoral division boundaries in Australia are determined at redistributions by a redistribution committee appointed by the Australian Electoral Commi ...
(44.1%) and the
Division of Hinkler
The Division of Hinkler is an Australian Electoral Division in Queensland.
Geography
Since 1984, federal electoral division boundaries in Australia have been determined at redistributions by a redistribution committee appointed by the Australi ...
(42.8%).
The state had nine of the twenty most homophobic federal electorates.
While inner-city suburbs of
Brisbane
Brisbane ( ) is the capital and most populous city of the Australian state of Queensland, and the third-most populous city in Australia and Oceania, with a population of approximately 2.6 million. Brisbane lies at the centre of the South ...
, the state's capital, were relatively tolerant, they still lagged the southern state capitals of
Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
and
Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
.
In a 2016 study of support for the proposed legalisation of
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
in Australia, Queensland had five of the ten federal electorates most strongly opposed – with the only electorate recording over 50% opposition being the south-west Queensland-based
division of Maranoa
The Division of Maranoa is an Australian electoral division in Queensland.
Maranoa extends across the Southern Outback and is socially conservative. In the 2016 and 2019 federal elections, Pauline Hanson's One Nation finished ahead of Labor ...
.
At the other end of the spectrum, the
division of Brisbane
The Division of Brisbane is an Australian electoral division in the state of Queensland.
History
The division was proclaimed in 1900, and was one of the original 65 divisions to be contested at the first federal election. It is named after ...
was the tenth-most supportive electorate in Australia.
Anti-LGBTI harassment
In 2010, Alan Berman and Shirleene Robinson released the findings of the largest survey ever undertaken into homophobic and transphobic abuse and reporting in Queensland.
It found that overwhelming majorities of respondents had experienced some form of abuse.
In relation to verbal abuse, the statistics were 76% of men, 69% of women, 92% of
trans women
A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and so ...
and 55% of
trans men
A trans man is a man who was assigned female at birth. The label of transgender man is not always interchangeable with that of transsexual man, although the two labels are often used in this way. ''Transgender'' is an umbrella term that incl ...
.
For physical assault without a weapon, the figures were 32%, 15%, 46% and 45% respectively.
Where a weapon, knife, bottle or stone was involved, the statistics were 12%, 6%, 38% and 9% respectively, with 12% for "other".
The study found that 75% of LGBTI survey respondents did not report the abuse to police, with attackers usually being young men who did not know their victim.
Domestic violence
A person who is in a same sex, spousal or intimate personal relationship is protected by the ''Domestic and Family Violence Protection Act 1989''. Couples in same-sex relationships who are victims of relationship violence may take out domestic violence orders against a violent partner, and other protective measures, including counselling services.
In 2014, Marcus Volke drew heavy media attention after murdering his transgender wife and committing suicide.
The coverage of local newspaper the
Courier Mail, which initially referred to her as a "she-male", mentioned her prostitution career and featured photos of her posing in a bikini, drew widespread condemnation for its transphobia, sensationalism and
victim-blaming
Victim blaming occurs when the victim of a crime or any wrongful act is held entirely or partially at fault for the harm that befell them. There is historical and current prejudice against the victims of domestic violence and sex crimes, such as ...
. The Courier Mail subsequently apologised for its coverage.
In the aftermath of the case, criminologist specialising in domestic violence Sharon Hayes noted that transgender victims of domestic violence often "fell through the cracks", with a lack of support from women's refuges and other services.
Information about LGBT intimate partner violence is sparse, with studies conducted to date suggesting it is on par or higher than for the general population.
In February 2018 the Queensland Government pledged $155,000 to train frontline domestic violence responders in handling LGBT domestic violence cases.
LGBT domestic violence is under-reported due to fears of homophobia stemming from poor historical relations between
Queensland Police
The Queensland Police Service (QPS) is the principal law enforcement agency responsible for policing the Australian state of Queensland. In 1990, the Queensland Police Force was officially renamed the Queensland Police Service and the old motto ...
and LGBT people.
although this is being addressed through liaison officers and other outreach efforts.
LGBTI health
Queensland Council for LGBTI Health
The peak LGBTI health organisation is the Queensland Council for LGBTI Health (QC). Originally named the Queensland AIDS Council (QuAC), the organisation has also been known as the Queensland Association for Active Healthy Communities (QAHC) which was founded in 1984. The organisation has run various HIV/AIDS prevention programs since that time, including a controversial "Rip and Roll"
safe sex
Safe sex is sexual activity using methods or contraceptive devices (such as condoms) to reduce the risk of transmitting or acquiring sexually transmitted infections (STIs), especially HIV. "Safe sex" is also sometimes referred to as safer se ...
billboard campaign showing two clothed men embracing while holding a condom packet. The ads were temporarily removed by billboard company Adshel after an
Australian Christian Lobby
The Australian Christian Lobby (ACL) is a conservative right-wing Christian Advocacy group, advocacy organisation based in Canberra. It is similar to the other international Christian lobby groups, and seeks to represent Christian citizens and v ...
-orchestrated complaint campaign before being reinstated following a public outcry. Before the 2012 election, when the LNP was opposing the ALP's civil partnerships legislation, QAHC (as it was then known) launched a "Speak out for equality" campaign in favour of the legislation.
QC has grown their services to include wholistic health, social and emotional wellbeing, including physical health, mental health, sexual health, family practice services and health promotion initiatives across Queensland.
Newman Government policy
After the LNP won office in the 2012 election, it withdrew funding from QAHC, alleging that the organisation's advocacy had become inappropriately politicised and too far removed from its initial focus on preventing HIV/AIDS, alleging that its initiatives to reduce HIV infection were not working.
This claim was contradicted by statistics demonstrating that in the 2010–2011 period before QHAC was defunded, new HIV infections had declined whereas they had risen in southern states.
The withdrawal of $2.5 million funding caused 26 of the organisation's 35 staff to lose their jobs.
Health Minister
Lawrence Springborg
Lawrence James Springborg (born 17 February 1968) is an Australian politician. He led the National Party in the Queensland Parliament from 2003 to 2006 and again in 2008, before becoming the first leader of the merged Liberal National Party ...
announced that he would set up an expert ministerial advisory committee on HIV/AIDS instead. The minister made the announcement through the media without contacting the organisation beforehand.
One of the members appointed to the nine person HIV/AIDS ministerial advisory committee, Dr Wendell Rosevear, subsequently resigned from the committee, likening the government to a "homophobic schoolyard bully".
He cited the government's decision to defund QAHC and new rules forbidding non-profit organisations from agitating for state or federal law changes if their group receives half or more of its funding from Queensland Health and other state agencies as a "king hit" to the gay community.
Springborg announced his determination to eradicate HIV in Queensland, including through a cross-media "END HIV" campaign, free rapid HIV testing. The remaining members of the ministerial advisory committee led an "END HIV" campaign in a bid to reduce new HIV infection.
Springborg subsequently replaced the ministerial advisory committee with a new body, HIV Foundation Queensland, on
World AIDS Day
World AIDS Day, designated on 1 December every year since 1988, is an international day dedicated to raising awareness of the AIDS pandemic caused by the spread of HIV infection and mourning those who have died of the disease. The acquired imm ...
, 1 December 2013 to advise the state government on HIV/AIDS strategy and facilitate research.
This development was welcomed by LGBTI health advocates.
Palaszczuk Government policy
With the election of the Palaszczuk Government in 2015, incoming health minister
Cameron Dick announced that funding would be restored to the Queensland AIDS Council, with continued focus on preventative health, research and promotion. The government also justified equalising the age of consent for all forms of sexual activity at 16, to encourage younger Queenslanders to obtain health services without the fear of being criminalised.
LGBTI community
Demographics
Accurate estimates of the LGBTI population are difficult owing to under-reporting, particularly among older same-sex couples. According to the first Australian Study of Health and Relationships, conducted in 2003, approximately 1.6% of Queensland male respondents identified as homosexual and 1.0% identified as bisexual. For women, the figures were 0.8% and 1.7% respectively.
When it came to reported sexual attraction, 6.0% of Queensland men reported attraction to both sexes and 0.7% exclusively to the same sex. For women, the corresponding statistics were 11.7% and 0.2%.
For sexual experiences, 5.5% of men and 7.7% of women reported having had sexual experiences with both sexes and 0.4% and 0.03% reported sexual experiences exclusively with their own sex.
This has led to an estimate of there being between 72,000 and 370,000 LGBT people living in Queensland.
According to the 2011
Australian Census
The Census in Australia, officially the Census of Population and Housing, is the national census in Australia that occurs every five years. The census collects key demographic, social and economic data from all people in Australia on census nig ...
, the highest proportion of same-sex couples in Queensland live in inner-city Brisbane and on the Gold Coast.
Queensland's top ten gay suburbs are
New Farm
New Farm is an inner northern riverside suburb in the City of Brisbane, Queensland, Australia. In the , New Farm had a population of 12,542 people.
Geography
The suburb is located 2 kilometres east of the Brisbane CBD on a large bend of the Br ...
,
Fortitude Valley
Fortitude Valley (often called "The Valley" by local residents) is an inner suburb of the City of Brisbane, the state capital of Queensland, Australia. In the , Fortitude Valley had a population of 9,708 people. The suburb features two pedestr ...
,
Teneriffe,
Nundah
Nundah (previously called German Station) is an inner suburb in the City of Brisbane, Queensland, Australia. It contains the neighbourhood of Toombul. In the , Nundah had a population of 12,141 people.
Prior to European settlement, Nundah was i ...
,
Coorparoo
Coorparoo is a suburb in the City of Brisbane, Queensland, Australia. In the , Coorparoo had a population of 16,282 people.
Geography
Coorparoo is by road south-east of the Brisbane GPO. It borders Camp Hill, Holland Park, Stones Corner ...
,
Surfers Paradise,
Moorooka
Moorooka is a southern Suburbs and localities (Australia), suburb in the City of Brisbane, Queensland, Australia. In the , Moorooka had a population of 10,368 people.
Geography
Moorooka is by road south of Brisbane's central business district. ...
,
West End,
Southport
Southport is a seaside town in the Metropolitan Borough of Sefton in Merseyside, England. At the 2001 census, it had a population of 90,336, making it the eleventh most populous settlement in North West England.
Southport lies on the Irish ...
and
Clayfield
Clayfield is a suburb in the City of Brisbane, Queensland, Australia. In the , Clayfield had a population of 10,555 people.
Geography
Clayfield is by road from the Brisbane GPO. Clayfield is bordered to the north by Nundah, to the east by ...
.
The 2013 Queensland Gay Community Periodic Survey reported that between 2011 and 2013, there was a significant increase in the proportion of men who reported having met men through the mobile applications such as
Grindr
Grindr () is a location-based social networking and online dating application targeted towards members of the gay, bisexual, transgender, and queer community.
It was one of the first geosocial apps for gay men when it launched in March 2009 an ...
(26.2% to 38.5%). Mobile applications have become the most common way that men in Queensland meet male sex partners. Other common methods include meeting through the internet (37.7%), gay bars (28.1%), saunas (27.5%) and meeting men while visiting other Australian cities (21.1%).
Venues and events
There are a variety of community venues and events throughout Queensland for the LGBTI community.
Brisbane hosts several annual events: the
Big Gay Day in March, the Brisbane Queer Film Festival at the New Farm Cinemas in April and the
Brisbane Pride Festival
Brisbane Pride Festival started in 1990 as a means of organising and promoting public events and activities that contribute to queer culture. The first event was held as a rally and gay pride march through the streets of Brisbane, ending with ...
in September, which originally began as a protest march in 1990.
It also hosts Brisbane Leather Pride for the
leather subculture
Leather subculture denotes practices and styles of dress organized around sexual activities that involve leather garments, such as leather jackets, vests, boots, chaps, harnesses, or other items. Wearing leather garments is one way that pa ...
in September and Northern Exposure for the
bear subculture in October.
LGBTI venues in Brisbane include The beat Mega Club, Club 29,the Wickham Hotel and the Sportsman Hotel.
Some venues offer regular LGBTI-focussed events, such as the weekly "Fluffy" parties at the One nightclub, the female-only "Scarlet" and the male-only "Grunt".
The city also hosts several sex-on-premises venues: the
gay sauna
A gay bathhouse, also known as a gay sauna or a gay steambath (uncommonly known as a gay spa), is a commercial space for gay, Bisexuality, bisexual, and other men who have sex with men, men to have sex with men. In gay slang, a bathhouse may be ...
s Wet Sauna and Bodyline and the
cruising clubs Number 29 Cruise Club, The Den and Klub Kruise.
There are various LGBTI venues and events in regional Queensland. The
Gold Coast
Gold Coast may refer to:
Places Africa
* Gold Coast (region), in West Africa, which was made up of the following colonies, before being established as the independent nation of Ghana:
** Portuguese Gold Coast (Portuguese, 1482–1642)
** Dutch G ...
hosts gay club Escape and the annual Gold Coast Gay Day in May. Cairns has a week-long
Tropical Mardi Gras festival in October with gay-friendly nights at the Vibe bar while
Townsville
Townsville is a city on the north-eastern coast of Queensland, Australia. With a population of 180,820 as of June 2018, it is the largest settlement in North Queensland; it is unofficially considered its capital. Estimated resident population, 3 ...
's gay venue is the Sovereign Hotel.
Cairns is the second most popular Australian destination for
LGBT tourists after Sydney, particularly as a destination immediately before and after the
Sydney Gay and Lesbian Mardi Gras
The Sydney Gay and Lesbian Mardi Gras or Sydney Mardi Gras is an event in Sydney, New South Wales attended by hundreds of thousands of people from around Australia and overseas. One of the largest such festivals in the world, Mardi Gras is the ...
.
There are a number of resorts catering specifically to LGBT tourists in the area, including the Turtle Cove Resort.
Politics
By Australian standards Queensland has a comparatively conservative political culture, with
right wing
Right-wing politics describes the range of political ideologies that view certain social orders and hierarchies as inevitable, natural, normal, or desirable, typically supporting this position on the basis of natural law, economics, authori ...
parties enjoying stronger levels of support compared to other states.
LGBTI support is strongest in
south-east Queensland
South East Queensland (SEQ) is a bio-geographical, metropolitan, political and administrative region of the state of Queensland in Australia, with a population of approximately 3.8 million people out of the state's population of 5.1 million. Th ...
and particularly
Brisbane
Brisbane ( ) is the capital and most populous city of the Australian state of Queensland, and the third-most populous city in Australia and Oceania, with a population of approximately 2.6 million. Brisbane lies at the centre of the South ...
, where it is similar to national levels, while it is weakest in the state's rural and regional areas to the north and west.
Two factors have been suggested for the lower levels of support in those areas: a stronger religious culture and less ethnic and cultural diversity.
One example is the
Darling Downs
The Darling Downs is a farming region on the western slopes of the Great Dividing Range in southern Queensland, Australia. The Downs are to the west of South East Queensland and are one of the major regions of Queensland. The name was generall ...
, where anti-LGBT group the
Australian Christian Lobby
The Australian Christian Lobby (ACL) is a conservative right-wing Christian Advocacy group, advocacy organisation based in Canberra. It is similar to the other international Christian lobby groups, and seeks to represent Christian citizens and v ...
first arose.
The regional hostility to LGBTI rights is reflected in controversial statements made by several regional Queensland politicians, such as
George Christensen
George Robert Christensen (born 30 June 1978) is a former Australian politician and former journalist who was a member of the Australian House of Representatives from 2010 to 2022, as the member of parliament (MP) for the division of Dawson. He ...
and
Bob Katter
Robert Bellarmine Carl Katter (born 22 May 1945) is an Australian politician who has been a member of the House of Representatives since 1993. He was previously active in Queensland state politics from 1974 to 1992. Katter was a member of the ...
.
By contrast, Cairns conservative MP
Warren Entsch
Warren George Entsch is an Australian politician who has been a member of the House of Representatives from 1996 to 2007 and since 2010, representing the Division of Leichhardt. He is a member of the Liberal National Party of Queensland, and si ...
has been a strong supporter of LGBTI rights for many years.
The presence of a powerful "religious right" lobby in the conservative
Liberal National Party of Queensland
The Liberal National Party of Queensland (LNP) is a major political party in Queensland, Australia. It was formed in 2008 by a merger of the Queensland divisions of the Liberal Party and the National Party. At a federal level and in most other ...
(LNP) is the subject of media commentary.
This lobby included, among others, the founding president of the party organisation Bruce McIver, a conservative Christian strongly opposed to gay equality; former Parliamentary Speaker
Fiona Simpson
Fiona Stuart Simpson (born 18 April 1965 in Sea Lake, Victoria) is an Australian politician serving as Liberal National Party (LNP) member of the Queensland Legislative Assembly, representing Maroochydore since 1992. Simpson served as Speake ...
, who once stated that gays could "grow into heterosexuality over time" and
Vaughan Johnson, who said in 1999 that homosexuality was "totally immoral", "anti-family" and "against what Jesus Christ put us on this planet for" before stating he had become "tolerant" of homosexuality in 2002. Former LNP member and subsequent
Katter's Australian Party
Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...
member
Shane Knuth
Shane Andrew Knuth (born 7 September 1966) is an Australian politician. He has been a member of the Queensland Legislative Assembly since 2004, representing three successive seats: Charters Towers (2004–2009), Dalrymple (2009–2017) and Hil ...
stated that his fellow "happy clappers" were a powerful lobby group within the Liberal National Party.
Religious conservatives have historically featured across the political spectrum in Queensland, including some political independents and minor parties, ranging from the anti-gay
Katter's Australian Party
Katter's Australian Party (KAP) is an agrarian political party in Australia. It was founded by Bob Katter, an independent and former Nationals MP for the seat of Kennedy, with a registration application lodged to the Australian Electoral C ...
to the relatively gay-friendly Labor Party.
However, the impact of social conservatism in the state has gradually declined over time, particularly in metropolitan areas such as the state capital
Brisbane
Brisbane ( ) is the capital and most populous city of the Australian state of Queensland, and the third-most populous city in Australia and Oceania, with a population of approximately 2.6 million. Brisbane lies at the centre of the South ...
and the surrounding
south-east Queensland
South East Queensland (SEQ) is a bio-geographical, metropolitan, political and administrative region of the state of Queensland in Australia, with a population of approximately 3.8 million people out of the state's population of 5.1 million. Th ...
region.
At the
2016 Australian federal election
The 2016 Australian federal election was a double dissolution election held on Saturday 2 July to elect all 226 members of the 45th Parliament of Australia, 45th Parliament of Australia, after an extended eight-week official campaign period. It ...
, the
division of Brisbane
The Division of Brisbane is an Australian electoral division in the state of Queensland.
History
The division was proclaimed in 1900, and was one of the original 65 divisions to be contested at the first federal election. It is named after ...
made Australian history as the first electorate where both candidates from the major parties were openly gay, while one of the minor party candidates was transgender.
Following the victory of the LNP at the
2012 state election, the party enacted several policy changes that were criticised by gay rights advocates. These included: defunding
Queensland Association for Healthy Communities, the state's sole LGBTI health organisation, on the grounds that it had developed an excessively political focus;
downgrading civil partnerships to a "registered relationships" scheme; and refusing to remove the
gay panic defence
The gay panic defense or homosexual advance defence is a legal strategy in which a defendant claims to have acted in a state of violent, temporary insanity, committing assault or murder, because of unwanted same-sex sexual advances, usually bet ...
from the state's criminal law.
Labor defeated the LNP at the
2015 state election, achieving re-election in the
2017 state election. During its term in office the Labor government has introduced several pro-LGBTI policies, such as reinstating civil partnerships, equalising the age of consent at 16, allowing singles and same-sex couples to adopt children, abolishing the
gay panic defence, repealing the "transgender divorce law", restoring funding to the LGBTI Legal Service, allowing men with historical convictions for decriminalised conduct in 1991 to have their adult consensual gay sex criminal records cleared and outlawing gay conversion therapy.
Summary table
See also
*
Transgender rights in Australia
Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and dr ...
*
LGBT rights in New South Wales
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Australian state of New South Wales have most of the same rights and responsibilities as heterosexual cisgender people.
Laws regarding sexual activity
Private consensual sex betw ...
*
LGBT rights in Victoria
*
Intersex rights in Australia
Intersex rights in Australia are protections and rights afforded to intersex people through statutes, regulations, and international human rights treaties, including through the ''Sex Discrimination Act 1984'' (Cth) which makes it unlawful to d ...
*
LGBT rights in Australia
Lesbian, gay, bisexual and transgender (LGBT) rights in Australia have advanced over the latter half of the twentieth century and early twenty-first century to make Australia one of the most LGBT-accepting countries in the world, with opinion ...
*
Australian Marriage Law Postal Survey
The Australian Marriage Law Postal Survey was a national survey designed to gauge support for legalising same-sex marriage in Australia. The survey was held via the postal service between 12 September and 7 November 2017. Unlike voting in ...
*
Same-sex marriage in Australia
Same-sex marriage in Australia has been legal since 9 December 2017. Legislation to allow same-sex marriage, the '' Marriage Amendment (Definition and Religious Freedoms) Act 2017'', passed the Australian Parliament on 7 December 2017 and rece ...
Notes
References
Further reading
*
*
*
External links
Official resources
Queensland Government – Support for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) peopleQueensland Police Community Liaison & Support – Lesbian, Gay, Bisexual, Transgender and Intersex CommunitiesQueensland Health – Sexual health servicesDVConnect – domestic violence support services
LGBTI community services
Open Doors Youth ServiceParents and Friends of Lesbians and Gays (PFLAG), Brisbane
Queensland LGBTI Legal ServiceDiverse Voices (formerly Gay and Lesbian Welfare Association)
Transgender support services
Australian Transgender Support Association Queensland IncTranscend SupportBrisbane Gender Clinic
{{DEFAULTSORT:LGBT rights in Queensland
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
Queensland law