LGBT in Australia

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Australia is one of the most LGBT-friendly countries in the world. [1] In a 2013 Pew Research poll, 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth most supportive country in the survey behind Spain (88%), Germany (87%), and Canada and the Czech Republic (both 80%). [2] [1] With a long history of LGBT rights activism and an annual three-week-long Mardi Gras festival, Sydney is considered one of the most gay-friendly cities in the world. [3]

Contents

Terminology

The term LGBTI is increasingly used in Australia, rather than just LGBT, with the I denoting intersex people. Organisations that include intersex people as well as LGBT people include the National LGBTI Health Alliance and community media. [4] [5] Also used are the terms LGBTQI [6] and LGBTQIA, with the A denoting asexual people and Q queer people. [7] [8]

Demographics

Percentages of same-sex couples according to the Census of Population and housing Percentage of couples that are same-sex in Australia.jpg
Percentages of same-sex couples according to the Census of Population and housing

In 2014, over half a million people or 3.0% of the adult population identified as gay, lesbian, or "other". This included 268,000 people who identified as gay or lesbian and 255,000 people who identified as having an "other" sexual orientation. [9]

Same-sex couples

In 2011, same-sex couples accounted for 0.7% of the total number of couples. It increased to 0.9% in the 2016 Census. In 2016, there were 23,700 male same-sex couples and 23,000 female same-sex couples. The pattern of more male than female same-sex couples has been consistent since 1996, although the degree of difference has decreased in each census, more significantly in the 2016 Census. [10]

In 2016, same-sex couples accounted for 1.4% of all couples in the Australian Capital Territory, the highest proportion of any state or territory. However, only 2.6% of all same-sex couples in Australia lived in the Australian Capital Territory. The next highest proportions were in New South Wales and Victoria, where same-sex couples accounted for 1.0% of all couples. Almost two-thirds (63%) of same-sex couples lived in New South Wales (35.8%) or Victoria (27.1%), whereas only 0.8% lived in the Northern Territory and 1.8% in Tasmania. [10]

The 2016 Census noted that Aboriginal and Torres Strait Islander people are more likely to live with a same-sex partner than non-Indigenous people. About 1.2% of Aboriginal and Torres Strait Islander people lived with a same-sex partner, while that of non-Indigenous people was 0.9%. [10]

Children growing up in same-sex families

The 2011 Australian Census counted 6,300 children living in same-sex families, up from 3,400 in 2001, making up one in a thousand of all children in couple families (0.1%). [11] In 2016, it increased to 10,500 children, accounting for 0.2% of all children in families. [10]

Income of same-sex couples

Individuals in same-sex relationships were more likely to have higher personal incomes than those in opposite-sex relationships. In 2016, 23% of men in same-sex relationships earned $2,000 or more a week, compared with 18% of men in opposite-sex relationships. For women, the difference was greater. Women in same-sex relationships were twice as likely to be earning $2,000 or more a week as women in opposite-sex relationships (14% compared with 6%). [10]

Gay wage gap

This section is an excerpt from Gay wage gap § Australia.[ edit ]
An Australian study [12] has shown that gay men earn 13% less than their straight counterparts. Meanwhile, lesbians earn 13% more than straight women. La Nauze, economist at University of Melbourne, noted: "There are grounds for concern that workers in Australia, particularly gay men, are discriminated against because of their sexual orientation." [13]

Religious affiliation

A 2008 study of LGBT Australians found that 35% were raised Protestant, 30% raised Catholic and 29% raised irreligious. [14]

According to the 2016 Census, LGBT people were most likely to report they had no religion (57%). However, 32% said they were Christian. This was in contrast to heterosexual people, for whom Christianity was the leading affiliation (59%) followed by not having a religion (28%). Same-sex partners were more likely to be affiliated with Buddhism than those in opposite-sex relationships (3.9% compared to 2.7%) and less likely to be affiliated with Hinduism (0.5% compared with 2.4%) or Islam (0.7% compared with 2.4%). [10]

ReligionPercent of same-sex couples affiliated
No religion 57%
Christianity 32%
Buddhism 3.9%
Islam 0.7%
Hinduism 0.5%
Not Stated 5.9%

History

Queer Indigenous Australian history is little-known, with limited evidence of formal structures or roles except in the Tiwi Islands. [15]

Rights

As a federation, Australia's states and territories are responsible for many laws affecting LGBT and intersex rights. Between 1975 and 1997, the states and territories progressively repealed anti-homosexuality laws that dated back to the colonial era. [16] Since 2016, each jurisdiction has an equal age of consent for all sexual acts. All jurisdictions offer expungement schemes to clear the criminal records of people charged or convicted for consensual sexual acts that are no longer illegal.

Beginning on 12 September 2017, a national plebiscite titled "Should the law be changed to allow same-sex couples to marry? " [17] was commenced. 61.6% of total votes were in support of the legalisation of same-sex marriage, leading to Australia recognising same-sex marriage on 9 December 2017. [18] States and territories began granting domestic partnership benefits and relationship recognition to same-sex couples from 2003 onwards, with federal law recognising same-sex couples since 2009 as de facto relationships. Alongside marriage, same-sex relationships may be recognised by states or territories in various ways, including through civil unions, domestic partnerships, registered relationships and/or as unregistered de facto relationships. [19]

LGBT adoption and parenting in Australia is legal nationwide, with the Northern Territory the last jurisdiction to pass an adoption equality law in March 2018. Discrimination on the basis of sexual orientation and gender identity or expression is prohibited in every state and territory, with concurrent federal protections for sexual orientation, gender identity and intersex status since 1 August 2013.

Transgender rights in Australia and intersex rights in Australia vary between jurisdictions, with QLD and NSW legally requiring a person to undergo sex reassignment surgery - before changing the legal sex on birth certificates. [20] Non-binary Australians can legally register a "non-specific" sex on federal legal documents and in the records of some states and territories.

Summary table

LGBT rights in:Same-sex sexual activityHistorical conviction expungementGender recognitionSame-sex relationshipsSame-sex adoption and parentingAnti-discriminationGay panic defence abolishedConversion therapy bannedOther
Flag of the Australian Capital Territory.svg Australian Capital Territory Yes check.svg 1976 (Legal with equal age of consent) [21] [22] Yes check.svg 2015 [23] Yes check.svg Yes check.svg 1994 (Domestic partnerships)
2004 (de facto relationships) [24]
2008 (Civil partnerships)
2012 (Civil unions)		 Yes check.svg 2004 [21] Yes check.svg Yes check.svg 2004 [21] Yes check.gif 2020 [25] Prohibits vilification on grounds of sexual orientation, gender identity or intersex status [26]
Flag of Christmas Island.svg Christmas Island Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law X mark.svg WA lawSince 1958, subject to WA law
Flag of the Cocos (Keeling) Islands.svg Cocos (Keeling) Islands Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law Yes check.svg WA law X mark.svg WA lawSince 1992, subject to WA law
Flag of New South Wales.svg New South Wales Yes check.svg 1984 (Legal); 2003 (Equal age of consent) Yes check.svg 2015 Yes check.svg Yes check.svg 1999 (De facto relationships) [24] Yes check.svg 2010 [21] Yes check.svg Yes check.svg 2014 [27] X mark.svg Proposed
Flag of Norfolk Island.svg Norfolk Island Yes check.svg 1993 [28] Yes check.svg NSW law Yes check.svg NSW law Yes check.svg 2006 [28] Yes check.svg NSW law Yes check.svg NSW law Yes check.svg NSW law X mark.svg Since 2016, subject to NSW law
Flag of the Northern Territory.svg Northern Territory Yes check.svg 1983 (Legal); [21] 2003 (Equal age of consent) Yes check.svg 2018 [29] Yes check.svg Yes check.svg 2003 (De facto relationships) [24] Yes check.svg 2018 Yes check.svg Yes check.svg 2006 [21] X mark.svg
Flag of Queensland.svg Queensland Yes check.svg 1991 (Legal); [30] 2018 (Equal age of consent) Yes check.svg 2018 [31] [32] Yes check.svg Yes check.svg 2003 Yes check.svg 2018 Yes check.svg Yes check.svg 2017 [33] Yes check.svg 2020 [34] Anti-vilification laws based on sexual orientation and gender identity.
Flag of South Australia.svg South Australia Yes check.svg 1975 (Legal with equal age of consent) Yes check.svg / X mark.svg 2013 (Can apply to be spent conviction, not true expungement) [35] Yes check.svg Yes check.svg 2007 (Domestic partnerships), 2017 (Registered relationships) Yes check.svg 2017 [36] Yes check.svg X mark.svg (Under common-law only) X mark.svg
Flag of Tasmania.svg Tasmania Yes check.svg 1997 (Legal with equal age of consent) Yes check.svg 2015 [37] Yes check.svg Yes check.svg 2003 (De facto and registered couples) [24] Yes check.svg 2013 [21] Yes check.svg Yes check.svg 2004 [21] Yes check.svg 2021 [38]
Flag of Victoria (Australia).svg Victoria Yes check.svg 1981 (Legal with equal age of consent) [21] Yes check.svg 2014 [39] Yes check.svg Yes check.svg 2001 (De facto relationships) [24] Yes check.svg 2016 [21] Yes check.svg Yes check.svg 2005 [21] Yes check.svg 2021 [40] [41]
Flag of Western Australia.svg Western Australia Yes check.svg 1990 [21] Yes check.svg Yes check.svg Yes check.svg 2003 Yes check.svg 2002 [42] Yes check.svg Yes check.svg 2008 [21] X mark.svg Proposed

Social conditions

Participants at the Sydney Gay and Lesbian Mardi Gras in 2012 Sydney mardi gras 2012 (6804964078).jpg
Participants at the Sydney Gay and Lesbian Mardi Gras in 2012
An Equal Love rally in 2013 Equal Love Rally in Melbourne.JPG
An Equal Love rally in 2013

Public attitudes

A 2005 paper by the Australia Institute, Mapping Homophobia in Australia, found that 35% of people aged 14 or above considered homosexuality to be immoral, with Queensland and Tasmania having the highest levels of anti-gay sentiment and Victoria the lowest. [43] Overall the most anti-LGBT areas in the study were the Moreton area of country Queensland (excluding the Gold Coast and Sunshine Coast), Central and South-West Queensland and the Burnie/Western district of Tasmania, where 50% considered homosexuality to be immoral, while the least homophobic were inner-city Melbourne (14%), central Perth (21%) and central Melbourne (26%). [43]

A 2018 Ipsos survey of the attitudes towards transgender people in several countries found 71% of Australian respondents thought that the country was becoming more tolerant of transgender people. [44]

Indigenous LGBTI community

Gender diverse and transgender Aboriginal Australians and Torres Strait Islanders are often referred to as sistergirls and brotherboys. [45] [46] The level of acceptance varies with each community and its elders. [45] [46] In 2015, Dameyon Bonson established Black Rainbow as a mental health support and suicide prevention service for LGBTI Indigenous Australians, given that they often suffer dual discrimination through both racism and homophobia/transphobia, and are 45 times more likely to commit suicide than the general population. [47]

Related Research Articles

<span class="mw-page-title-main">International Lesbian, Gay, Bisexual, Trans and Intersex Association</span> International umbrella organization for LGBTI organizations

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is a LGBTQ+ rights organization.

<span class="mw-page-title-main">LGBT rights in Canada</span> Rights of LGBT individuals in Canada

Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.

<span class="mw-page-title-main">LGBT rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">LGBT rights in New Zealand</span>

New Zealand lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.

<span class="mw-page-title-main">LGBT rights in Australia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Australia significantly advanced over the latter half of the 20th century and early 21st century, and are now ranked among the highest in the world. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBT activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.

<span class="mw-page-title-main">LGBT rights in Cyprus</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBT people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.

<span class="mw-page-title-main">LGBT rights in Namibia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Sexual contact between men is criminalised within Namibia, although this law is generally unenforced. Discrimination based on sexual orientation is banned in Namibia but not for gender identity.

<span class="mw-page-title-main">LGBT rights in Oceania</span>

Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ communities. This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.

<span class="mw-page-title-main">LGBT rights in Queensland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Queensland have advanced significantly from the late 20th century onwards, in line with progress on LGBT rights in Australia nationally. Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised. The age of consent was equalised to 16 years for all sexual acts in 2016. Sexuality and gender identity are protected attributes under both state and federal anti-discrimination laws. Same-sex couples may marry under Australian law, enter into a civil partnership under state law or live together in an unregistered de facto relationship. Same-sex couples may become parents through adoption, foster care, altruistic surrogacy and, for lesbian couples, IVF. In 2020, Queensland became the first jurisdiction within Australia to pass a law banning conversion therapy, with a maximum penalty of 18 months imprisonment and fines. State anti-discrimination protections for sexuality and gender identity were introduced in 2002 and in 2017 the gay panic defence was abolished from the criminal law. Transgender and intersex Queenslanders are able to update their government records and birth certificate, with the formal repeal of both the "divorce requirements" in 2018 and then the "surgery requirements" in 2023.

<span class="mw-page-title-main">LGBT rights in New South Wales</span> Human rights in Australia

Lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of New South Wales have most of the same rights and responsibilities as non-LGBT people.

<span class="mw-page-title-main">LGBT rights in Victoria</span>

The Australian state of Victoria is regarded as one of the country's most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people.

<span class="mw-page-title-main">LGBT rights in South Australia</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of South Australia are advanced and well-established. South Australia has had a chequered history with respect to the rights of LGBT people. Initially, the state was a national pioneer of LGBT rights in Australia, being the first in the country to decriminalise homosexuality and to introduce a non-discriminatory age of consent for all sexual activity. Subsequently, the state fell behind other Australian jurisdictions in areas including relationship recognition and parenting, with the most recent law reforms regarding the recognition of same-sex relationships, LGBT adoption and strengthened anti-discrimination laws passed in 2016 and went into effect in 2017.

<span class="mw-page-title-main">LGBT history in Australia</span> History of LGBTQI people and rights in Australia

This article details the history of the LGBT rights movement in Australia, from the colonial era to the present day.

<span class="mw-page-title-main">Sexual orientation and gender identity in the Australian military</span>

Sexual orientation and gender identity in the Australian military are not considered disqualifying matters in the 21st century, with the Australian Defence Force (ADF) allowing LGBT people to serve openly and access the same entitlements as other personnel. The ban on gay and lesbian personnel was lifted by the Keating government in 1992, with a 2000 study finding no discernible negative impacts on troop morale. In 2009, the First Rudd government introduced equal entitlements to military retirement pensions and superannuation for the domestic partners of LGBTI personnel. Since 2010, transgender personnel may serve openly and may undergo gender transition with ADF support while continuing their military service. LGBTI personnel are also supported by the charity DEFGLIS, the Defence Force Lesbian Gay Bisexual Transgender and Intersex Information Service.

<span class="mw-page-title-main">LGBT rights in Tasmania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of Tasmania have the same legal rights as non-LGBT people. Tasmania has a transformative history with respect to the rights of LGBT people. Initially dubbed "Bigots Island" by international media due to intense social and political hostility to LGBT rights up until the late 1990s, the state has subsequently been recognised for LGBT law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania imposed the harshest penalties in the Western world for homosexual activity until 1997, when it was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and political attitudes in the state rapidly shifted in favour of LGBT rights ahead of national trends with strong anti-LGBT discrimination laws passed in 1999, and the first state relationship registration scheme to include same-sex couples introduced in 2003. In 2019, Tasmania passed and implemented the world's most progressive gender-optional birth certificate laws. In July 2023, the Tasmanian government officially included and also added "asexual or asexuality".

<span class="mw-page-title-main">LGBT rights in Western Australia</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in Western Australia have seen significant progress since the beginning of the 21st century, with male sex acts legal since 1990 and the state parliament passing comprehensive law reforms in 2002. The state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to LGBT couples in 2002.

<span class="mw-page-title-main">LGBT rights in the Northern Territory</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.

<span class="mw-page-title-main">LGBT rights in the Australian Capital Territory</span>

The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBT people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria, New South Wales and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.

<span class="mw-page-title-main">Outline of LGBT topics</span> Overview of and topical guide to LGBT topics

The following outline offers an overview and guide to LGBT topics.

<span class="mw-page-title-main">Intersex and LGBT</span> Relationship between different sex and gender minorities

Intersex people are born with sex characteristics that "do not fit the typical definitions for male or female bodies". They are substantially more likely to identify as lesbian, gay, bisexual, or transgender (LGBT) than endosex people, an estimated 52% identifying as non-heterosexual and 8.5% to 20% experiencing gender dysphoria. Although many intersex people are heterosexual and cisgender, this overlap and "shared experiences of harm arising from dominant societal sex and gender norms" has led to intersex people often being included under the LGBT umbrella, with the acronym sometimes expanded to LGBTI. Some intersex activists and organisations have criticised this inclusion as distracting from intersex-specific issues such as involuntary medical interventions.

References

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See also

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