The federal government should amend the Marriage Act to allow same-sex unions so that gay and lesbian citizens are treated fairly under Australian law, a new report by the Human Rights Commission urges.
Its nationwide consultation, which included a survey of 1,500 people, found lesbian, gay, bisexual, transexual and intersex (LGBTI) Australians still faced legal discrimination, high rates of harassment and violence and a lack of understanding from the broader community.
The resilient individuals report, written by commissioner Tim Wilson, noted that most of the legal discrimination faced by the LGBTI community – such as age of sexual consent and allowing homosexual advances as a defence for homicide and manslaughter – was state-based.
But it also urged the federal government to remove the “structural” discrimination of the Marriage Act, legislation that defines marriage as between a man and a woman.
“Marriage is an important institution that reflects a cultural understanding of relationship; by not extending marriage to same-sex couples, the social exclusion of same-sex couples is perpetuated,” the report said.
Public support for same-sex marriage has risen steadily and now sits at about 72%, with a clear generational split between supporters and detractors of such unions.
Momentum for changing the act is building, but changes are likely only if the Coalition grants its members a conscience vote on the issue.
Tony Abbott has previously said it was a matter for the party room to decide, but has recently changed his language to indicate that a parliamentary consensus could be the way forward.
The commission’s report said: “When law is used to sanction discrimination it legitimises institutional and interpersonal discrimination.
“State-sanctioned discrimination can facilitate an environment in which discrimination towards LGBTI people is normalised. This has adverse consequences for the health and wellbeing of LGBTI people.”
“Direct structural discrimination denies equal treatment of LGBTI people, regardless of their capacity and circumstances. It amounts to state-sanctioned discrimination. This has immediate and negative effects on LGBTI people.”
Bans on same-sex couples adopting children was one form of structural discrimination, the report argued.
The commission will establish a religious freedom roundtable to discuss issues including how LGBTI rights and religious freedoms could go hand in hand.
“Despite perceptions, there is considerable common ground between how these rights should be accommodated in law from both the LGBTI and religious communities,” the report said.
The report highlighted how discrimination affected the mental health of LGBTI Australians, and how that resulted in lower participation in employment and public activities such as sport.
“Research suggests that the rate of suicide for LGBT people is 3.5 to 14 times higher than the general population. LGBT people are also at a higher risk for a range of mental diagnoses and significantly more likely to be diagnosed with depression or anxiety,” the report said.
“Experiences of interpersonal and institutional discrimination in settings such as schools, healthcare facilities, and structural barriers to informed and appropriate healthcare are amongst the key factors that contribute to this risk profile.”
Three out of five respondents to the commission’s online survey said they felt they could not disclose their sexuality at work, with many saying they thought disclosing it would affect their career progression.
The report noted the situation for the LGBTI community had improved in the past few decades, but that significant structural, institutional and interpersonal discrimination existed.
Wilson said reducing homophobic violence must be a priority.
“In our survey of more than 1,500 people, almost 75% of respondents reported experiencing some type of bullying, harassment or violence on the basis of their gender identity or sexual orientation; and almost 90% reported knowing someone who had experienced bullying, harassment or violence,” he said.
“Going forward, the Australian Human Rights Commission will focus its work on addressing issues around violence against LGBTI Australians, ensuring essential public services meet the needs of LGTBI Australians and continue its existing work to make sports more inclusive,” he said.
