Date: Wed, 9 Oct 1996 13:10:22 +0100 (MET)
From: skolander@bahnhof.se (Bjoern Skolander)
Subject: Tasmania

Title: Tasmanian case goes to High Court
By Kath Gelber

On September 10, Tasmanian activists took their campaign to
repeal state anti-gay laws to the High Court. The court has been
requested to hear a case which will seek to declare the laws
invalid on the grounds that they are contradicted by the federal
Human Rights (Sexual Conduct) Bill 1994, known as the Privacy
Bill.

The Privacy Bill was passed in 1994 following a decision by the
United Nations Human Rights Committee that Tasmania's anti-gay
laws contravened Australia's international human rights
obligations.

The bill provides for freedom from arbitrary interference in
consensual adult sexual conduct. However, the Tasmanian
government claims that its anti-gay laws are not an ``arbitrary''
interference, but good public policy.

It is usually the case that to be granted standing to bring such
a case, a complainant must have been prosecuted under the state
law under dispute. The Tasmanian director of public prosecutions
has refused to charge Tasmanian activists who have voluntarily
signed ``confessions''.

However, whether or not this action will succeed is more than a
purely legal question. The high political profile of the case
will undoubtedly affect the decision.

The Tasmanian government, with the support of the Victorian
government, is claiming so-called ``states' rights'' to argue
against standing. The federal attorney-general, however, is
supporting the Tasmanian activists' claims.

Should standing be granted, it is highly likely, based on legal
precedent of the last few decades, that the Tasmanian laws would
be declared invalid.