South
Australian law reform 1859 to 1975
In the colonies
of New South Wales and Tasmania seventeen people were executed for
buggery between 1828 and 1863. Although South Australia by default
also proscribed the death penalty for the crime of buggery, there
were no executions, and in 1859 the South Australian Parliament
passed An Act for consolidating the Statute Law in force in
South Australia relating to Indictable Offences against the Person.
Section 42 of that act decreed that "Whosoever shall be convicted of
the abominable crime of buggery, committed either with mankind or
with any animal, shall be imprisoned for life, with solitary
confinement." This began a process of slow but steady amelioration
of the penalties for buggery.
The Criminal
Law Consolidation Act, 1876, Section 71 amended the penalty to
"Whosoever shall be convicted of the abominable crime of buggery...
shall be liable to be imprisoned for life, or any term not less than
ten years, with hard labour, and maybe whipped." Section 72 of the
same Act added the crime of attempting to commit the "abominable
crime of buggery", and allowed for imprisonment, "not exceeding ten
years, with hard labour, and maybe whipped." The Criminal Law
Amendment Act, of 1925 further reduced the penalty for buggery
to a term of imprisonment "not exceeding ten years, with hard
labour, and maybe whipped." But this Act added a section (15) in
which any,
male person
who, in public or in private, commits or is a party to the
commission of or procures or attempts to procure the commission by
any male person of an act of gross indecency with another male
person shall be guilty of a misdemeanour and shall be liable to
imprisonment for any term not exceeding three years, with hard
labour.
Apart from a
minor amendment in 1935, the law remained largely unchanged for
several decades, until two events worked to completely overturn the
legislation. On June 2 1970 the Dunstan Labor government was
elected, beginning a decade of social reform, and on May 10 1972,
Adelaide University law lecturer, Dr George Duncan, was thrown into
the Torrens River and drowned.
On 26 July 1972,
Liberal MLC, Murray Hill, introduced a private members Bill to amend
the Criminal Law Consolidation Act, 1935-1971. The amended Bill was
passed and assented to on 9 November 1972, and changed the law to
allow for the defence of a "homosexual act ... committed with
another male person, in private", where "he and the other male
person consented to the act and had attained the age of twenty-one
years."
The following
year the ALP Member for Elizabeth, Peter Duncan, introduced his
Criminal Law (Sexual Offences) Bill into Parliament. This was passed
in the Lower House but was defeated on two occasions in the
Legislative Council. Duncan introduced a substantially unchanged
Bill to the Parliament on 27 August 1975, where it was read a second
and third time and passed, all on the same day, making South
Australia the first state to decriminalise homosexual acts between
consenting males.
Countering
Discrimination
Removal of the
crime of buggery from the statutes did not address the many other
areas of law that continued to permit discrimination against gay
men, lesbians and transgender people. It was not until August 1984
that the Bannon government introduced Anti-Discrimination
legislation outlawing discrimination on the grounds of sex,
sexuality, marital status, pregnancy, race or physical impairment.
The sexuality clauses caused considerable discussion during the
second reading debate, and, although the opposition opposed the
inclusion of sexuality in the legislation, the legislation passed.
Transgender
Law Reform
The transgender
community has long been paradoxically both visible and invisible,
due to the indeterminate nature of its makeup. Where the theatre has
long provided 'acceptable' examples of cross dressing, transgender
behaviours elsewhere have been seen as aberrant, attracting legal
and medical attention.
As with the Gay
and Lesbian rights movement, transgender people were not openly
organized until the early 1970s, when the Seahorse Club
established branches in most Australian capital cities. In May 1985
some South Australian members of Seahorse formed the Carrousel Club
specifically to provide social and peer support to transgender
people.
In December
1987, the Attorney General, the Hon. Chris Sumner, introduced the
Sexual Reassignment Bill, making South Australia the first state to
regulate the performance of reassignment procedures, and provide for
the legal recognition of the reassigned sexual identity. The Bill
underwent considerable amendment, with discussion of the value of
sex change operations, and concern that amended birth certificates
should continue to record the previous sexual identity
In 1994 a group
of transgender people, with the support of a local treating
psychiatrist established South Australian Transsexual Support (SATS)
to provide information and support to people seeking sex
reassignment surgery.
Carrousel continues to
provide support to transgender people in South Australia.
Coming Out
in S.A. 1879 - 1960
The social
history of same sex attracted and transgender people is not so easy
to discover. Until the 1970s most same sex attracted and
transgender people hid their sexuality and gender identity in order
to avoid discrimination and criminal penalties. The researcher must
often rely on the records of trials of gay men, or seek evidence
such as domestic living arrangements that may suggest a
relationship. Sexuality defining terms such as homosexual, lesbian
or transsexual, were not used before the early twentieth century,
the concept of physical love between women being ignored by
authorities as barely comprehensible, and transsexuality was mostly
unknown before 1952, when American, Christine Jorgenson, had sex
change surgery in Copenhagen.
Reports of the
suicides of Ernest Neville and John Adamson at Gawler in 1879
provide an example of a tragedy that suggests an intimate
relationship. "Both men were about thirty years of age, and
bachelors, were deeply attached to each other, and in talking would
always speak of each other as 'chummy', and have been keeping house
together for a number of years". (Illustrated Adelaide News,
November 1879) Conclusive evidence of the nature of their
relationship, and those of men and women in similar situations, do
not exist.
The prosecution
of Adelaide City Councillor, Member of Parliament and probably best
known gay man of the period, Bert Edwards, provides one of the
city's most infamous crime cases. Arrested for sodomy in 1930, he
was found guilty and sentenced to five years with hard labour, after
a trial that lasted 8 days and attracted considerable public
interest in February 1931. Edwards had been much loved in Adelaide's
West End and had a reputation as a philanthropist, with numerous
stories existing of his efforts to alleviate the conditions of the
poor and disadvantaged. He was released on probation on 8 June 1933
and although expelled from the ALP in 1938, he was re-elected to the
Adelaide City Council in 1948 remaining until his death in 1963. His
obituary in The Advertiser said he was "well known for his
charitable work among the needy of Adelaide's West End" where his
name was "legend", that the "Nuns of the Daughters of Charity named
a new dining hall after him" and the Premier, Sir Thomas Playford
said, "Scarcely a good cause in the city did not receive some help
from him." No mention was made of his conviction.
Coming Out
in S.A. 1960 to 2015
The
international post-war rise of the civil rights movement and
feminism included a growing resistance movement against legal
persecution of minority groups. On 27 June 1969 a police raid on the
Stonewall Inn, a gay bar in New York city, precipitated a series of
riots that are celebrated worldwide as the beginning of the gay
rights movement.
In South
Australia after the law reforms of 1972, gay men and lesbians were
able to organise and lobby relatively openly, although they
continued to be subjected to vilification and threats from right
wing organisations and some religious groups.
The periodical
Gay Times was first published in 1972, and renamed
Boiled Sweets in 1973. Early editions describe protest actions
such as 'Zapping' - the act of confronting homophobic doctors. The
September 1973 issue advertises Adelaide's 'Gay Pride Week' and the
first 'Proud Parade', held on 15 September 1973.
In 1975 the
'1346 Club' was formed by two gay households, the name chosen as
being the combination of their two house numbers. The committee of
men and women organised a series of events for the gay, lesbian and
transgender communities, including a Show Boat cruise, the Gay
Olympic Festival, the Black and White Ball, Mardi Gras by Night, and
'War in a Warehouse', which was described as "the largest gathering
of gay people under one roof at any one time in South Australia".
(Gay News Service, Number 6 pg.3.) The proceeds from these events
were returned to community organisations such as the Gay Community
Centre, Gayline and the Women's Information Switchboard.
At a meeting at
the Gouger Gay Men's Centre on 11 March 1976, the Gay Counselling
Service (GCS) predecessor of the present Gay and Lesbian Community
Service (GLCS) was formed by three psychologists and activist, Peter
Migalka. In 1985 the services provided by the GCS were considerably
expanded through government funding in response to the spread of HIV
and AIDS, and a centre was opened at 130 Carrington Street. The
establishment of the AIDS Council of South Australia (ACSA) in 1986,
allowed GCS to return to its original volunteer counselling role. As
increasing numbers of women joined GCS, services to lesbians were
provided and the name changed to Gay and Lesbian Counselling Service
(GLCS). In 2006 the name became Gay and Lesbian Community Service,
reflecting the broader role of the organisation.
On 21 June 1989,
in response to reports to GLCS of police harassment of gay men, a
public meeting attended by more than 100 people was held at the Box
Factory in Regent Street. At this meeting Gay Community Action (GCA)
was formed. At a second meeting held on 6 December 1989 the name was
changed to Lesbian and Gay Community Action (LGCA). LGCA was a
community development organisation producing the annual Picnic in
the Park, Stone Wall commemoration celebrations, and in 1994 the
Police and You report. In 1993 LGCA received an Achievement
Award from the Commissioner for Equal Opportunity. It wound up its
activities in 1997.
Many of the
community events that had been organised by LGCA were taken over by
Feast, a annual cultural festival developed by Margie Fisher, Helen
Bock, Luke Cutler and Damien Carey and first held in November 1997.
Further
organised lobbying for gay law reform did not occur until 2000, with
the formation of Let's Get Equal (LGE) to campaign for equal legal
rights for same sex couples. The campaign received a significant
boost in January 2005 when well known community advocate Ian Purcell
was made a Member of the Order of Australia for "service to the
community, particularly gay and lesbian people through advocacy,
education, law reform and support for community events". The South
Australian Labor Government introduced its Statutes Amendment
(Relationships) Bill, intended to remove legislative
discrimination against same sex attracted people, in early 2005.
After passing in the Legislative Council it failed to complete its
passage through the Lower House prior to the March 2006 election.
On 14 November
2006, the Attorney General, Michael Atkinson, introduced a revised
Bill, the Statutes Amendment (Domestic Partners) Bill. This
legislation amended existing legislation to include same sex couples
and other couples living in non-sexual domestic relationships. The
legislation passed the House of Representatives on 23 November and
the Legislative Council 0n 7 December.
On 1 July 2009
Commonwealth legislative reforms affecting same-sex couples
particularly relating to tax, social security, superannuation,
immigration, child support and aged care came into effect.
Same-sex couples
continue to be discriminated against on issues of adoption of
children, access to IVF, and marriage, a Commonwealth
responsibility.
Canary 1972 to
1974
Canary was
published by the South Australian branch of the Campaign Against
Moral Persecution (CAMP), a gay and lesbian rights group, between
1972 and 1974. First published as Campsites in September 1972,
volume 1 number 2, published in October 1972, was retitled Canary.
Following the drowning of Dr George Duncan in May 1972, Canary
documents many of the debates and activities that led to South
Australia becoming the first Australian state to legalise homosexual
acts between consenting males in September 1975.
The title,
Canary, was drawn from 'Canary Cottage' the name given by the local
gay community to the toilet block located on the Torrens Lake near
where Duncan's body was found.
Canary documents
the Duncan case, the progress of law reform in South Australia and
the other states, the creation of groups such as Gay Lib. and Gay
Activists Alliance, social activates and groups such as the
A.C./D.C. club and religious groups, and attitudes expressed in the
media.
The GALAH 1989
to 1990
Replacing Catch
22, published from 1983 to 1989, The GALAH was first published by
the Adelaide Directory Collective in May 1989 and for the first two
issues included the additional title 'The Gay and Lesbian Australian
Herald'. This changed from issue three to 'For the Gay and Lesbian
Australian'.
Although its
focus was primarily Adelaide news and events GALAH did report a
significant amount of interstate and international news.
The first issue of GALAH included Adelaide and Melbourne Directories
and an advertised distribution through 32 Adelaide and 27 Melbourne
venues. By Issue 10 (February 1990) GALAH was claiming a
distribution of 12,000 copies in every Australian capital city and
Alice Springs.
Significant themes covered in 1989 and 1990 issues include articles
and photographs of GLBT community celebrations and anniversaries,
responses to HIV and AIDS, reports of homophobia, homophobic
violence and community responses, and interviews with GLBT
identities.
Rodney Ellis was
the author of most of the editorial comment, titled "Not the
editorial".