LGBT in Australia

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%), 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 one of the most gay-friendly cities in Australia and in the world.[3]

Terminology
Further information: Intersex and LGBT

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

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]

Religious affiliation

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 religion57%
Christianity32%
Buddhism3.9%
Islam0.7%
Hinduism0.5%

History
Main article: LGBT history in Australia

Queer Indigenous Australian history is little-known, with limited evidence of formal structures or roles except in the Tiwi Islands.[12]

Rights
Main article: LGBT rights in Australia

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 days of the British Empire.[13] 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.

Australia recognised same-sex marriage on 9 December 2017. 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.[14]

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.[15] 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 activity Historical conviction expungement Gender recognition Same-sex relationships Same-sex adoption and parenting Anti-discrimination Gay panic defence abolished Conversion therapy banned Other
Australian Capital Territory 1976 (Legal with equal age of consent)[16] 2015[17] 1994 (Domestic partnerships)
2004 (de facto relationships)[18]
2008 (Civil partnerships)
2012 (Civil unions)		 2004[16] 2004[16] Proposed[19] Prohibits vilification on grounds of sexual orientation, gender identity or intersex status[20]
Christmas Island WA law WA law WA law WA law WA law WA law WA law WA law Since 1958, subject to WA law
Cocos (Keeling) Islands WA law WA law WA law WA law WA law WA law WA law WA law Since 1992, subject to WA law
New South Wales 1984 (Legal); 2003 (Equal age of consent) 2015 1999 (De facto relationships)[18] 2010[16] 2014[21] Proposed
Norfolk Island 1993[22] NSW law NSW law 2006[22] NSW law NSW law NSW law Since 2016, subject to NSW law
Northern Territory 1983 (Legal);[16] 2003 (Equal age of consent) 2018[23] 2003 (De facto relationships)[18] 2018 2006[16]
Queensland 1991 (Legal);[24] 2018 (Equal age of consent) 2018[25][26] 2003 2018 2017[27] 2020[28] Anti-vilification laws based on sexual orientation and gender identity.
South Australia 1975 (Legal with equal age of consent) / 2013 (Can apply to be spent conviction, not true expungement)[29] 2007 (Domestic partnerships), 2017 (Registered relationships) 2017[30] (Under common-law only)
Tasmania 1997 (Legal with equal age of consent) 2015[31] 2003 (De facto and registered couples)[18] 2013[16] 2004[16] Proposed
Victoria 1981 (Legal with equal age of consent)[16] 2014[32] 2001 (De facto relationships)[18] 2016[16] 2005[16] Proposed
Western Australia 1990[16] 2003 2002[33] 2008[16] Proposed

Social conditions
Participants at the Sydney Gay and Lesbian Mardi Gras in 2012
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.[34] 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%).[34]

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.[35]

Indigenous LGBTI community

Gender diverse and transgender indigenous Australians are often referred to as sistergirls and brotherboys.[36][37] The level of acceptance varies with each community and its elders.[36][37] 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.[38]

References
  1. "The 20 most and least gay-friendly countries in the world". Global Post. 26 June 2013. Retrieved 16 May 2014.
  2. "The Global Divide on Homosexuality". Pew Research. 4 June 2013. Retrieved 16 May 2014.
  3. "Sydney Things have changed enormously since the first Mardi Gras march was". The Independent. Retrieved 26 July 2015.
  4. Star Observer, a community newspaper with the strapline "Australia's most respected LGBTI news source", retrieved 18 April 2014
  5. LGBTI people to watch in 2014 Archived 3 January 2014 at the Wayback Machine, Gay News Network, 1 January 2014.
  6. "Archived copy". Archived from the original on 7 June 2014. Retrieved 8 June 2014.CS1 maint: archived copy as title (link)
  7. "Sydney Mardi Gras Festival – Our Picks for 2014". Aussie Theatre. Archived from the original on 14 July 2014. Retrieved 8 June 2014.
  8. "LGBTIQAP+ Mental Health Professionals Network Transformative Practice". National LGBTI Health Alliance. 5 April 2016. Retrieved 11 February 2019.
  9. "4159.0 - General Social Survey: Summary Results, Australia, 2014". Australian Bureau of Statistics. 29 June 2015.
  10. "2071.0 - Census of Population and Housing: Reflecting Australia - Stories from the Census, 2016". Australian Bureau of Statistics. 18 January 2018.
  11. "4102.0 - Australian Social Trends, July 2013". Australian Bureau of Statistics. 25 July 2013.
  12. Findlay, James (30 May 2018). "What do we know about queer Indigenous history?". triple j. Australian Broadcasting Corporation. Retrieved 10 August 2020.
  13. Carbery, Graham (2010). "Towards Homosexual Equality in Australian Criminal Law: A Brief History" (PDF) (2nd ed.). Australian Lesbian and Gay Archives Inc. Cite journal requires |journal= (help)
  14. Sheldrick, Drew (4 February 2016). "Overseas same-sex marriage recognition back in the spotlight". Special Broadcasting Service. Retrieved 4 December 2016.
  15. Wiggins, Nick (25 August 2016). "Transgender, intersex people call for birth certificate reforms". ABC News. Australian Broadcasting Corporation. Retrieved 17 September 2016.
  16. Winsor, Ben (20 September 2016). "A definitive timeline of LGBT+ rights in Australia". SBS Online. Special Broadcasting Service. Retrieved 25 September 2016.
  17. Sibthorpe, Clare (29 October 2015). "Homosexual acts can soon be scrapped from criminal records in the ACT". The Canberra Times. Retrieved 23 October 2016.
  18. Millbank, Jenni (2006). "Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples". Federal Law Review. 34 (1): 1. Retrieved 12 September 2017.
  19. health, About the Author Jesse Jones Jesse is Star Observer's senior journalist His background is in public; Work, Sex; Health, His Special Interests Include; gender; writing, travel When he's not; movies, Jesse is into; Arts, Martial (21 May 2018). "ACT health minister commits to banning gay conversion therapy".
  20. Lawrie, Alastair (3 August 2020). "Opening Statement to Victorian Inquiry into Anti-Vilification Protections". alastairlawrie. Retrieved 8 August 2020.
  21. Brook, Benedict (26 March 2014). "NSW Government ditches 'gay panic' defence – Star Observer". Star Observer. Retrieved 25 September 2016.
  22. Carroll, Angus; Itaborahy, Lucas Paoli (May 2015). "State Sponsored Homophobia: A World Survey of Laws: criminalisation, protection and recognition of same-sex love" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. Retrieved 4 December 2016.
  23. "Expungement of Historical Homosexual Offence Records Act 2018". Northern Territory Legislation Database. 23 May 2018.
  24. "Report No 74: Expunging criminal convictions for historical gay sex offences" (PDF). Queensland Law Reform Commission. 31 August 2016. Archived from the original (PDF) on 4 December 2016.
  25. "Criminal Law (Historical Homosexual Convictions Expungement) Act 2017". Legislation.qld.gov.au. 23 October 2017.
  26. "Proclamation—Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 (commencing remaining provisions)". Legislation.qld.gov.au. Retrieved 14 June 2018.
  27. Caldwell, Felicity (21 March 2017). "Gay panic laws pass Queensland Parliament, removing partial defence". Brisbane Times. Retrieved 10 August 2020.
  28. Starcevic, Seb (13 August 2020). "Queensland is first Australian state to ban gay conversion therapy". Thomson Reuters Foundation News. Thomson Reuters Foundation. Retrieved 14 August 2020.
  29. Sainty, Lane (15 January 2016). "Some States Are Holding Out Against Erasing Historic Gay Sex Convictions". BuzzFeed. Retrieved 23 October 2016.
  30. Waldhuter, Lauren (17 February 2017). "Same-sex couples welcome introduction of adoption equality in SA". ABC News. Australian Broadcasting Corporation. Retrieved 17 February 2017.
  31. Sibthorpe, Clare (29 October 2015). "Homosexual acts can soon be scrapped from criminal records in the ACT". The Canberra Times. Retrieved 23 October 2016.
  32. Gerber, Paula. "Expunging convictions for gay sex: an old wrong is finally righted". The Conversation. Retrieved 23 October 2016.
  33. Hayward, Andrea; Perpitch, Nicolas (13 June 2007). "Gay adoption divides community". PerthNow. News Corp Australia. Retrieved 25 September 2016.
  34. Michael Flood and Clive Hamilton (July 2005). "Mapping Homophobia in Australia" (PDF). The Australia Institute: 1. Archived from the original (PDF) on 9 March 2017. Retrieved 28 December 2014. Cite journal requires |journal= (help)
  35. Clark, Julia; Boyon, Nicolas; Jackson, Chris (30 January 2018). "Global Attitudes Toward Transgender People". Ipsos. Retrieved 6 May 2019.
  36. Burin, Margaret (21 November 2016). "Sistergirls, brotherboys 'looking for acceptance'". ABC News. Australian Broadcasting Corporation. Retrieved 22 November 2016.
  37. Clancy, Kai (7 April 2015). "Growing Up as a Transgender Indigenous Australian". VICE Australia. Retrieved 22 November 2016.
  38. Davey, Melissa (18 February 2015). "LGBTI Indigenous people offered a rainbow to follow". The Guardian. Retrieved 22 November 2016.

See also

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