Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Canberra to overrule Tasmania gay ban

Robert Milliken
Monday 22 August 1994 18:02 EDT
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

AUSTRALIA'S federal government yesterday embarked on a showdown with Tasmania when it announced that it would legislate to override laws prohibiting homosexual sex.

Canberra's move came after a four-month stand-off with Tasmania, sparked when the United Nations Human Rights Committee condemned the island's anti- homsexual laws as a violation of human rights and called for their repeal. Tasmania is the only one of Australia's six states where consenting sex between male adults is a crime.

A law passed in 1924 prohibits 'sexual intercourse with any person against the order of nature' and carries a penalty of 21 years in prison. The UN found the Tasmanian law to be in breach of the International Covenant on Civil and Political Rights, of which Australia is a signatory. The federal Labor government, under Paul Keating, has attempted to persuade Tasmania's Liberal (conservative) government to abide by the UN ruling or risk intervention from Canberra.

When the Tasmanian government refused to bow to the UN decision, gay rights groups in mainland Australia last month launched a campaign to boycott Tasmanian goods.

The 'Buy Right' campaign, as it is called, is aimed at produce such as seafood, cheese, beef, beer and wine, normally highly sought- after in Australian cities.

Organisers say that almost 400 businesses have pledged not to buy or sell Tasmanian goods and that more than 12,000 people have signed a petition calling for the anti-gay law to be repealed. The federal Cabinet yesterday approved legislation that will guarantee Australians a right to privacy in sexual relations.

The federal privacy law will not force the Tasmanian state government to repeal its legislation but under Australia's writtten constitution it will override any state law that is inconsistent with it.

Michael Lavarch, the federal Attorney-General, described the Tasmanian law as 'an obnoxious criminal provision which doesn't exist anywhere else in Australia and is inconsistent with Australia's human-rights obligations'.

He added: 'Individual human rights have to overrule any notion of state rights.'

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in