Gay rights campaigners are using the momentum of International Day Against Homophobia, Transphobia & Biphobia (i.e. today! 
) to highlight one of Australia‘s most antiquated laws: the so-called “gay panic” defence law.
It’s an archaic law that’s been around since the 1990s, and essentially justifies murder if you panicked and thought that a gay person was making a gay pass at you, and so you gay killed them.
“It’s a legal defence that can argue that if your victim made a homosexual pass against you – sometimes the people aren’t even gay, but that slur or that suggestion is made – in court your charge of murder can be reduced to manslaughter,” comedian and gay rights campaigner Tom Ballard told ABC News Breakfast this morning.
“It’s the law saying the murder of a gay person is a lesser crime and should be treated as such.”
The Homosexual Advance Defence is still applicable in South Australia and Queensland, and was last used successfully in the defence of the two men accused of murdering Wayne Robert Ruks in 2008, who had their murder charges downgraded to manslaughter. Vom.
Following that shock decision, fellow gay rights campaigner / all-round ledge Father Paul Kelly started a hange.org petition to abolish the law, which has since been running for four years and garnered almost a quarter of a million signatures.
Ballard said this morning that it was inertia, rather than homophobia, that kept this law alive.
“I don’t think there’s anyone out there defending this law,” he said. “It’s just bureaucracy and inaction. It means it’s still on the books, and it means someone can still get away with murder just for killing someone who may or may not be gay.”
But the times, they are a’changing. Last year, South Australian Premier Jay Weatherill asked the South Australian Law Reform Institute to review all state laws and regulations and identify ways to remove discrimination against the LGBTIQ community.
So, things *are* happening. They’re just not happening fast enough.
Source: ABC.
Photo: Source.
