Remembering the Past
Find out about the history of GLBTI activism and law reform in WA, and the huge things we've achieved as a community.
The history of GLBTI law reform in Western Australia stretches back more than four decades, from the start of the so-called 'gay liberation movement' in the early 1970s, through the decriminalisation of gay sex in 1990, the recognition of non-heterosexual de facto couples and families in state law in 2002, and such couples and families in federal law in 2009.
Gay and Lesbian Equality (WA) has a proud history of achievement as WA's GLBTI human rights lobby group. We have existed under our current name for nearly two decades, and GALE’s foundation can be traced back through preceding organisations like the Gay Law Reform Group of WA, COLAGE (the Coalition for Lesbian and Gay Equality), the Stonewall Union of Students, and the Campaign Against Moral Persecution (CAMP).
Indeed, GALE still has long-term members who were active in the WA chapter of CAMP, which existed across a number of Australian states during the early 1970s. It's sometimes hard for younger members of our community to imagine, but life for GLBTI people in the early 1970s was remarkably different from today. The closet was fairly much a way of life, with people having to hide who they were to ensure that they could have a job, be accepted by society and even remain out of jail or treatment for their sexuality.
...initial protests led to the creation of Pride WA and the annual march, which now celebrates GLBTI life and equality, and reminds us of the struggles of the past to achieve equality...After the Stonewall riots in New York in June 1969, CAMP formed in a number of states – including Western Australia in July 1971 – to start the path towards gay law reform. The first attempt at decriminalising homosexuality in WA happened under the Tonkin Labor Government in 1973, which would eventually culminate in a royal commission into homosexuality, which recommended the decriminalisation of gay sex with an age of consent at 18.
But it would take half a dozen more attempts over nearly two decades before adult gay men in Western Australia would have sex between them made legal. Three of the first four failed attempts – 1973, 1984, 1987 – failed primarily due to WA's upper house of Parliament being controlled by conservative political parties. The 1977 attempt failed in the lower house, blocked by strong opposition from the Charles Court-led Liberal government.
The slow movement by the WA Government to deal with gay law reform led more and more members of the WA GLBTI community to take a stand and protest. It was during the law reform attempts of the 1980s that large street-based demonstrations were held demanding equality for GLBTI people. These initial protests led to the creation of Pride WA and the annual march, which now celebrates GLBTI life and equality, and reminds us of the struggles of the past to achieve equality.
This increasing public scrutiny, and changing views by the public towards homosexuality being criminalised, put pressure on the government of the day to justify the ludicrous position of prosecuting and locking up gay men for consenting sexual activity for up to 14 years with hard labour.
GALE had been working on getting the major parties, including Labor, on the record about GLBTI law reform in the lead up to these elections. Labor, in opposition, gave a clear undertaking to pursue law reform if elected.This led to the fifth attempt at decriminalisation – in 1989 – under the Peter Dowding-led Labor government. Despite the 1989 bill making gay sex legal, the Labor Government begrudgingly accepted a Liberal Party proposed preamble to the 1989 law, which disapproved of the promotion or encouragement of homosexuality. The onerous age of consent also insisted on by the Liberal Party, set at 21, would also see young gay men still criminalised and prosecuted in WA.
The incoming Richard Court-led Liberal government from 1990 also passed laws relating to transgender identity in WA, again with quite onerous conditions. For example, it required a person to have undergone complete surgical reassignment and to have to be approved by a committee to have their birth certificate amended. The law also provided for limited anti-discrimination protection for people who had been certified, but provided no protection for those people who were undergoing treatment or living pre-operatively as transgender.
Despite these reforms, the Richard Court Liberal government still failed to tackle the big issue of general anti-discrimination laws. It did nothing when it received a report in 1994 from the Equal Opportunity Commissioner recommending gays and lesbians be covered by anti-discrimination laws. Similarly, it did nothing when Australia's Human Rights Commissioner released a discussion paper which discussed discrimination in both state and federal laws in 1997.
The sixth attempt at law reforms, a private members bill in the upper house by Australian Democrats MP Helen Hodgson, was introduced in 1997. Despite the Liberal Government saying it would give members a conscience vote on the legislation, it failed to bring debate on the bill for three years. While it did pass the Legislative Council, the bill failed when the Legislative Assembly was dissolved on the calling of the 2001 elections.
It was the law reforms passed in 2002 and 2003 that finally expunged the anti-gay preamble from WA's law books, and to pass comprehensive equal opportunity laws covering sexuality. The legislative package also reformed dozens of different laws to allow same-sex couples to be treated exactly the same as de facto heterosexual couples in virtually every area of the law.Meanwhile, GALE had been working on getting the major
parties, including Labor, on the record about GLBTI law reform in the lead up
to these elections. Labor, in opposition, gave a clear undertaking to
pursue law reform if elected.
These elections delivered the Geoff Gallop-led Labor Government, and broke the conservative parties' stranglehold on the upper house of State Parliament. This dramatic shift in the numbers in each house would lead to the Labor Party and Greens being able to pass legislation without hindrance.
And for GLBTI law reform in Western Australia, the time had arrived. The incoming Attorney-General, Jim McGinty, moved quickly to set up a ministerial committee to examine WA's laws and find the areas which were discriminatory towards GLBTI people, their relationships and their families. The committee released its report in late 2001, and legislation began to be drafted.
It was the law reforms passed in 2002 and 2003 that finally expunged the anti-gay preamble from WA's law books, and to pass comprehensive equal opportunity laws covering sexuality. The legislative package also reformed dozens of different laws to allow same-sex couples to be treated exactly the same as de facto heterosexual couples in virtually every area of the law.
Federally, the law reform process has been disappointingly slower. GLBTI groups from around Australia have lobbied since 1994 for the recognition of non-heterosexual couples and families in federal law and for comprehensive federal anti-discrimination laws.
Part of this struggle has been won. The Rudd Government has moved to fix the financial and social discriminations against same-sex couples in national laws, but failed on its proposal for a National Human Rights Act. And Australia still has very poor anti-discrimination protections, with the Australian Human Rights Commission being unable to make binding determinations in sexuality anti-discrimination cases. The Rudd Government has yet to give any commitment to fixing these laws.
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