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QUESTIONS TO THE PARTIES
2003 NSW STATE ELECTION

NSW is no longer the first but THE LAST STATE

What you can do to change things in NSW:

Become a member of the Lobby.

Volunteer and get involved in our work.

Make a donation to our campaign appeal.

Write to the Premier or Leader of the Opposition explaining some of these problems. Ask what he intends to do to fix them.

Contact your local MP and talk to him or her about these issues.

Contact details for all parliamentarians can be obtained from the
Parliament of nsw website.

State Election

In NSW, the law does not treat everybody the same

The last 20 years have seen gay men and lesbians make much progress towards legal equality but discrimination against lesbians and gay men is alive and well in NSW. The Government does not regard us as equal citizens and has so far refused to give us equal rights. NSW has now fallen behind many other states and countries which have more effective anti-discrimination legislation; equal ages of consent; adoption laws that only consider the best interests of the child and full relationship recognition for same sex couples.

There is insufficient protection against discrimination

Discrimination on the basis of homosexuality is prohibited in NSW under the Anti-Discrimination Act. However, the legislation is not as effective as it should be. For starters, same sex couples are not recognised meaning that couple-based discrimination is not specifically covered. This means employers and others may deny benefits to our partners with impunity. Worse, there are broad exemptions that limit the application of the law.

Private schools and churches effectively operate outside the law

Private schools and churches sometimes act like a law unto themselves. They are. Private educational facilities - including the many church-run schools - are not covered by the same discrimination laws as public schools. There is also a broad religious exemption that allows churches and other religious organisations to discriminate against gays and lesbians.

The age of consent is different for gay men

Young gay men are made criminals if they have sex
The age of consent for heterosexual sex and sex between women in NSW is 16. It is 18 for young gay men. This means that an 18-year-old man who has sex with a 17-year-old man can be charged with a criminal offence and go to prison for up to 10 years.

In NSW, not all families have the same rights

Children do not have legally recognised relationships with a gay or lesbian parent who is not biologically related to them.
For example, a child may be born to a lesbian and cared for by her partner as a co-parent from birth. Legally, the child is not related to the partner. This is so even if she is the main carer. If the partner later has a child and the two children are raised together, the children will not be legally related - they are not recognised as brother and sister.

Lesbian and gay couples cannot adopt in NSW

Parents cannot fix this situation by adoption. Same sex couples cannot adopt even if this would be in the best interests of the child and even if they are both already parenting him or her.
Our relationships are not always recognised in NSW
Same sex couples now enjoy many of the same rights as heterosexual couples in NSW. However, we are still not recognised in all areas of the law. Despite repeated promises, the Government has not acted on these 'missing pieces' of legislation.

The impact of unequal laws in NSW

The age of consent disadvantages young gay men

Age of consent laws are meant to protect young people. But young gay men are made criminals just because of their sexuality. Research has found that their self-esteem is adversely affected - perhaps the most profound effect. They are disadvantaged in accessing essential health information such as safe sex advice as it may be against the law for health workers to provide this information. Similarly community services available to their heterosexual mates may be closed to them and they are often barred from joining gay support groups due to fear of legal ramifications.

Ineffective laws encourage discrimination

The unreasonable exemptions for religious organisations and private education facilities allow these institutions to discriminate in all sorts of ways. They can (and do) sack gay and lesbian teachers. Students are not always protected from homophobic bullying or harassment. Schools do not even have to treat lesbian and gay students fairly. Churches can discriminate in providing services or hiring staff even if the employee has no religious function. These exemptions also send the wrong message that discrimination is not that serious. In fact, it is quite acceptable - it all depends who you are.

The best interests of our children should come first

Failure to recognise the relationships of our children to a parent puts them at risk. For example, if a lesbian or gay man dies without a valid will, their child will not automatically inherit and his or her future custody and guardianship may be placed in jeopardy. Our children cannot be sure of the same access to a mother or father if their parent's relationship breaks down.

Things are changing everywhere else

NSW has the most draconian age of consent laws of any Australian State or Territory.
Victoria brought in comprehensive relationship recognition in 2001 modelled on our legislation. Unlike NSW, the Victorian Government did not leave out key pieces of legislation and then forget to enact them later.

The Western Australia Government has made its gay and lesbian citizens equal in almost every area of law. Same sex couples can adopt and lesbian mothers can both appear on a child's birth certificate.

And the world has not fallen apart because Tasmania's anti-discrimination laws contain no unreasonable exemptions for churches.