Date: Sun, 24 Mar 1996 13:47:13 +1000 From: leto@werple.net.au (Brendon Wickham) Subject: (Australia) Brother Sister News - 21/3/96 BROTHER SISTER - QUEER NEWS FROM DOWNUNDER Issue 102 21/3/96 Including: 1. EARLY TASSIE VICTORY 2. GROUP MONITORS KENNET'S LAW 3. 'BATTERED WIFE' DEFENCE USED 4. ARTIST GRANTS AWARDED 5. FAIRFIELD MOVE IS WIDELY CONDEMNED This and previous postings are archived for the QRD. Point your URL to http://werple.net.au/~leto/news/index - or go through the Pacific Region of the QRD at http://www.qrd.org/qrd/world/pacific/ =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ EARLY TASSIE VICTORY *Tasmanian activists claimed a significant early victory on Friday after the Tasmanian Government failed in the High Court to strike out a challenge to the state's anti-gay law.* Currently sex between two men is illegal under Tasmanian law and attracts a maximum jail sentence of 21 years. Moves have been undertaken to have Federal law overrule the State law. The Chief Justice, Sir Gerard Brennan ordered that the matter be referred to a full bench of the High Court because of the important constitutional issues which the case raised. One of the men who took the case to court, Rodney Croome said the aim all along has been to get the case before the full bench of the High Court. "We have suceeded despite the Government's attempt to stop the case before it starts," Croome said. "The Tasmanian Government argued that the case was hopeless and a waste of the Court's time, but Chief Justice Brennan has overruled their objection and agreed that there are important constituional issues which the whole Court must consider." At the next hearing in August or September the full Court will consider the issue of standing and then may proceed directly to examine whether the Tasmanian laws should be invalidated. "Another important outcome from the hearing is that the Government submission admits that there is an inconsistency between its law and the Federal privacy law," Croome said. "This means that if we are granted standing our case for invalidation will be all the more compelling." In other developments the Victorian rights group, Gay men and Lesbians Against Discrimination, GLAD has accused the Victorian Government of supporting their Tasmanian counterparts in the High Court case. Spokesperson for GLAD, John Davey said he was appalled when informed that Victoria had exercised its constituional right to intervene. "It's just utter rubbish to think that Victoria can justify intervention in this case, on the ground of state rights. Jeff Kennett's Government has an appalling record on lesbian and gay rights," he said. It is understood the Victorian Government withdrew its intervention from the case just hours before the Hight Court hearing. Bill Calder GROUP MONITORS KENNET'S LAW *Victoria's Equal Opportunity Commission has established a gay and lesbian reference group as part of plans to monitor last year's controversial changes to the Equal Opportunity Act.* The Kennett Government's amendment in June outlawing discrimination on the basis of lawful sexual activity was fiercely condemned at the time by gay activists and the State Opposition. Under the Bill, protection was for 'lawful sexual activity' rather than on the basis of a person's sexuality as urged at the time by the lobby group Gay Men and Lesbians Against Discrimination (GLAD). More contentious was the raft of exemptions which allow discrimination under circumstances where someone has 'genuine religious beliefs and principles'. It also allows for discrimination against gay men and lesbians who work with children if an individual has a 'rational' belief for doing so. The aim of the reference group is to assist the Commission in monitoring and evaluating the implementation of the new Act. The 16 members of the group, which meets regularly with Commission members and staff, are drawn from a broad cross section of the gay and lesbian community and many hold key positions in health and legal support networks, advocacy groups and media organisations. Reference Group chairperson, Michael Gorton said last week's first meeting provided valuable input and strong support for proposed Commission initiatives to inform the gay and lesbian community about their rights under the Act. "The reference group will also be advising us about a range of other issues including discrimination in specific areas of employment, education and goods and services," he said. "This input, along with ongoing analysis of all complaints we receive about discrimination on the basis of sexuality will help give us a clear picture of how the Act is working in this area and whether amendments to this or other legislation should be recommended." Responding to concerns that certain exemptions in the Act could be used to discriminate against gays and lesbians, Gorton said that all applications for exemptions would be viewed first and foremost in light of the legislation's primary objectives. "These are to promote equality of opportunity, reduce discrimination and sexual harassment as far as possible and provide redress for people who have been discriminated against or sexually harassed," Gorton said. "Therefore we will be asking anyone applying for an exemption to objectively prove that they have reasonable and rational grounds for claiming that their exemption represents the intethe rights of all members of the community. "At the end of the day, this legislation is here to be used by people who believe they have been treated unfairly and we encourage anyone who has been discriminated against because of their sexuality to contact us to find out how the Act can provide a fair go for all." 'BATTERED WIFE' DEFENCE USED *A gay man suffering "battered wife syndrome" was sentenced this week in a Perth court to 12 months jail for stabbing his abusive lover to death.* The West Australian Supreme Court's acceptance of the battered wife defence in the case of a gay man is believed to be an Australian first and was hailed by the Australian Council for Lesbian and Gay Rights. Robert Vaughan McEwan is likely to go free almost immediately because he has already served two years in custody on remand. McEwan was subjected to many gang rapes during his first five weeks in jail because he had refused to be involved in smuggling drugs. McEwan, 33, a former cafe manager, stabbed Thomas Hodgson 42 times in a frenzied attack as his 47-year-old lover lay asleep in ben in their Kinross home, in Perth's northern suburbs, on February 18 1994. The prosecution dropped a charge of murder last month when McEwan agreed to plead guilty to manslaughter with provocation. In sentencing, Justice Walsh said he accepted McEwan's battered wife syndrome was genuine. A spokesperson for the Australian Council of Lesbian and Gay Rights, Brian Greig said the Courts have again acknowledged the existence of homosexual relationships and clearly accept that such relationships are to be treated in the same way that heterosexual relationships are. "Evidence presented to the Court during the trial uncovered a history of brutal domestic violence between McEwan and his deceased lover." Greig said the Courts were increasingly recognising same sex relationships and deeming same sex couples to have the same obligations as heterosexual couples. "Yet our Parliaments have still failed to validate our relationships and continue to deny us the same rights as heterosexual couples." Greig said Parliaments around the country had abrogated their responsibility to deal with these relationships to the Courts. "It is the Parliament and not the Courts which is the appropriate forum for social reform." ARTIST GRANTS AWARDED *The Olver Oram Trust, established to provide financial support for Australian gay and lesbian artists has announced its first annual grants for 1996.* Out of some 50 applications, the Trustees (Chris Puplick, Penelope Wells and John Marsden) selected eight successful projects for funding on annual grants of either $5,000 (six in total) or $3,000 (two). Details of the successful applications are: Amanda Jones: a project to study the development of music for lesbian "big band" performance with notable musicians and arrangers in the United States; Alex Harding: to work on the next in a trilogy of musicals about gay life in Sydney following the story commenced in his recent hit "Only Heaven Knows"; Julie McInnes: a project to write music for the 'cello to be played in aerial performances as Julie has already pioneered in her work for Circus Oz; Michael Easton: an established classical musician developing a new piano concerto for performance in major centres and touring rural Victoria; Ineke Veerkamp: to further her work on acapella music for a lesbian choir and write a new operatic piece entitled "Lesbians in the Red Dust"; Adam Flaherty: support to undertake further professional training as a bass singer in operatic roles with a view to a major operatic career; Jane Elworthy: a research project into the development of frame drums and their importance to ethnic and indigenous womens' communities in particular; David Brehe: development of computer-based compositions with particular emphasis on providing music for the developing Australian film industry. The Trustees believe that these eight projects (six in NSW and two in Victoria) will enhance significantly the development of musical activities and access to a variety of musical experiences in the gay and lesbian communities. Grants can be renewed for successful applicants. It is anticipated that applications for 1997 grants will be called in November 1996. FAIRFIELD MOVE IS WIDELY CONDEMNED *The State Government is under fire following its decision to split up services currently at Fairfield Hospital.* The carve up of HIV/AIDS, infectious diseases and laboratory services announced recently would see HIV/AIDS services only moving to the Alfred Hospital. The Victorian AIDS Council president, Barry Janes called on the Health Minister Marie Tehan to not implement the decision. "Fairfield serves the community so well because HIV, ID and laboratory services are located on one site," he said. "What we have at Fairfield is not only a culture of care, but also an innovative model of protecting the public health." Janes said the laboratory cannot function as a stand alone facility and it was "irresponsible" to run down Victoria's capacity to identify and treat infectious diseases in this way. "The close working relationship between doctors and scientists at Fairfield has led to a recent breakthrough in promising anti-viral treatment for HIV, and communities throughout the world were excited about this work, which will now be broken up," he said. People Living With HIV/AIDS also condemned the Health Minister's decision, particularly the decision to move services to the Alfred Hospital. "The Minister's decision callously robs men and women living with HIV/AIDS of any equity in terms of access or choice," acting convenor of PLWHA (Victoria) Bradley Engelmann said. "Until now, people have always had a choice between three sites, both for personal preference and for ease of access. The Minister appears bent on creating a ghetto into which all PLWHAs who require acute services will be forced. Engelmann expressed grave concerns about the long term viability of the Alfred Hospital in light of recommendations by the Metropolitan Planning Board's recommendation that there be "a progressive transfer of tertiary services currently provided at the Alfred to locations further east". The Shadow Minister for Health, John Thwaites said Mrs Tehan promised before the last election not to close Fairfield. "The carve up of HIV/AIDS, infectious diseases and laboratory services is yet another example of the arrogant approach of the Kennett Government in the provision of health services," he said. =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ BOTTOM LINE SMARTARSE - Still treated as deviant A while ago, pretty reader, I minced into my local Food Plus store at 3am to buy the milk and bread. I don't know why I was doing the groceries that late; life's a funny old thing. Anyway as I swanned past the magazine section I noticed that there were copies of Outrage and Campaign on the shelves. I stopped and took a closer look, not expecting to see fag mags in such a place. They were at the end of the magazine section, amongst a number of dubious shrink-wrapped publications which featured topless women and cars on the front covers. Why, I thought, were the gay things hidden amongst the R-rated heterosexual magazines? Surely a place could be found for them up near TV Week, New Idea and Ita? And where was Wicked Women, or any sort of magazine targetted at lesbian readers? 'Why', I asked a young thing at the counter, 'are your gay magazines in the soft porn section?' The young thing looked concerned, swiped my milk and bread across the swiper and grunted at me. I took that to mean that he either didn't know, didn't care, or would bash me if I kept asking questions. Well look, good on Food Plus for having gay rags on sale. But why are they classified as soft porn (although the way the two magazines are heading it won't be long before they too are secured in plastic bags)? It's the same story in many newsagents: the gay magazines, no matter how innocuous, are often to be found buried under the raunchiest publications for horny straight men. Homosexuality, despite the many advances made by queer movements, still has a sinister aspect in the wider community. On the weekend I read an article about the hideous and sickening slaughter of children in Dunblane, Scotland. In most coverage of this vile act it is noted that the killer was a paedophile, or someone who had an obsessive interest with young boys. The article I read also said that he was a homosexual. There was no other comment about this, no substantiation. Is this responsible or relevant reporting? If he was heterosexual would a comment have been made? Was he, in fact, a homosexual? Was the comment made because he had a sexual interest in boys? Does this make him a homosexual? Are all homosexual men interested in boys? There is no basis in logic or in fact for associating homosexuality with paedophilia. In NSW the Royal Commission into Police Corruption is currently investigating whether the NSW Police Force has protected paedophiles. The Royal Commissioner, Justice James Wood, opened this part of the inquiry this week. In his opening remarks Justice Wood was very careful to point out that the Commission would avoid linking paedophilia with homosexuality. He commented that the Commission did not believe that all Catholic priests, were homosexuals, or scout leaders were paedophiles, and would strenuously avoid any implication that this was the case. It was pleasing to see that journalists reporting on the Commissioner's opening remarks this week also made this distinction. Onya Woodsy! We need more sensible folk like you to pull apart bigotted and prejudiced generalisations. Perhaps Woodsy would like to be an honorary homosexual for the duration of the Commission? Jeffrey Smart =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ Brother Sister is a fortnightly newspaper published in Melbourne, VIC and Brisbane, QLD, Australia. I have selected the main news stories as well as items of interest. Overseas media who utilise any or all of the above material please credit Brother Sister as your source (and by-line if it is listed). Thank you. Brendon Wickham