ABC News: James Dunlevie
)A Hobart man who was not recognised as his same-sex partner's next of kin has lost his anti-discrimination appeal against Tasmania's coronial court, but has vowed to keep fighting for reform.
Supreme Court judge Helen Wood published her judgment upholding the Anti-Discrimination Tribunal's decision that Benjamin Jago could not bring a case against the court.
Mr Jago was not recognised as next of kin when his partner Nathan Lunson died in 2015, despite their five-year relationship, as their relationship was not registered with the Office of Births, Deaths and Marriages.
He was unable to see Mr Lunson's body and initially barred from his funeral.
Fight for change
Mr Jago said the decision was "very disappointing" but he would not appeal it.
He will instead seek an apology and restitution from Premier Peter Gutwein, as well as reform to the Coroner's Act to establish clear procedures around determining the senior next of kin.
"Obviously it's very disappointing. I think the decision is probably unfair, but it's just unfortunately the way it is," Mr Jago said.
Supplied: Ben Jago
)Mr Jago said systemic change was sorely needed but would not occur unless he continued to fight for it.
"This isn't the first time it's happened and there were promises made last time I believe, before my case occurred … and those promises and claims were not kept and the same situation happened again," he said.
"I felt like five and a half years of my life were not recognised by anyone, our relationship apparently meant nothing to anybody except us so, it was very painful."
Facebook: Ben Jago
)Mr Jago's solicitor Ben Bartl said the coronial court had acknowledged it made a mistake in not recognising him as senior next of kin, but argued the Supreme Court decision meant it remained "entirely unaccountable for its actions".
Advocate appalled by decision
Equality Tasmania spokesman Rodney Croome said Mr Jago had been treated "abysmally" by the Tasmanian coroner and then by the Supreme Court.
"Five years ago the coroner refused to recognise Ben's status as next of kin when his same-sex partner died. That meant Ben wasn't able to go to the funeral and didn't have any say over where his partner was buried. It was a terrible and traumatic situation."
"And now we have the Supreme Court saying that Ben can't seek redress for that obvious act of discrimination under our anti-discrimination laws."
ABC News: David Hudspeth
)Attorney-General Elise Archer said she expressed her condolences and deepest sympathies to Mr Jago.
She said she was seeking further information from her department on the decision and would "of course consider its implications".
