Decriminalisation of Homosexuality 50th Anniversary

The Hon. I.K. HUNTER (15:36): I rise to reflect today on an important milestone for the queer community in South Australia soon to be celebrated next year. I have spoken many times in this place on the murder of Dr George Duncan, who was thrown into the River Torrens by SAPOL vice squad officers and drowned on 10 May 1972. I have reflected on how Dr Duncan's murder catalysed gay rights reform in South Australia, leading to decriminalisation of homosexuality in this state. This happened on 2 October 1975, with the passing of the then Attorney-General Peter Duncan's Criminal Law (Sexual Offences) Act after having introduced it three times.

Duncan first introduced his bill in September 1973, but it was amended and watered down, falling short of decriminalisation. Speaking to the bill, Peter Duncan said:

The effect of the present position is that a minority of otherwise law-abiding citizens are declared criminals and are unable to make to society the useful contribution that they would otherwise be able to make.

While it passed, the amendments ensured that homosexuality remained a criminal offence in South Australia. The two years following this first attempt by Peter Duncan in 1973 saw very open and very public vitriol directed against gay South Australians. As a 12 year old and 13 year old at the time, I lived through that, wondering how it was going to impact me and my life as I was growing up, knowing exactly what I was and seeing exactly what I was being torn apart on the front pages of the papers. This frequently characterised gay men as being sick and pitiable. The Festival of Light, for example, claimed in its submission to parliament that:

…homosexuality is an abnormal development of sexual interest and contrary to nature; is personally and socially degrading; and is both an expression of and a contributor to the breakdown of the family in our society.

On a better note, The Advertiser has run a number of editorials in its time in which it came out for the decriminalisation. An editorial on 22 November 1973 stated:

The present law on homosexual behaviour is unsupportable, it needlessly intrudes into the private lives of many citizens and quite unjustifiably attempts to impose a particular code of behaviour upon them. It is one of the reasons why some homosexuals lead unhappy, sometimes tragic lives.

I have not spoken often in a kind sense of The Advertiser, but in this situation I must give them credit for their editorials at that time. Peter Duncan introduced his original bill again in August 1975, following two years of changing public sentiment and debate. After passing through the House of Assembly unamended, the bill was introduced in the Legislative Council. It lost, then it was introduced again immediately. It lost again and was reintroduced a third time, at which time it passed—such a drama for such a big change.

This achievement is variously described as the first gay decriminalisation legislation to pass either in the English-speaking world or in the commonwealth or in a Westminster system jurisdiction. We are not quite sure which first it is. Hopefully, soon we will find out, but it was certainly the first place in Australia and it was a remarkable thing for our state and is mentioned often around the world.

Former President of this council Anne Levy is quoted in The Advertiser on 22 November 1973 about Peter Duncan's first bill when it was discussed, saying that:

This Bill is part of a worldwide trend to reform law in this area. I believe there is wide community support for a bill of this nature in Australia.

There are many, many quotes from Hansard during many of those debates that I could reference that have rather negative sentiments. Some of them are quite ugly to our ears today, including many contributions from the honourable members in their wisdom. There are also a number of unattractive positions put in The Advertiser in letters to the editor and other articles quoting members of this parliament. One day I might get up and remind the chamber of some of the attitudes that were openly espoused in this place 50 years ago.

I would like to instead indicate how far we have come in the 50 years since the legislation passed in 1975. I will quote from a more recent debate, one which I think most of us were here for. In his speech on 1 December 2016, Premier Jay Weatherill apologised for the past discrimination to the queer community. He said:

We are acknowledging that all LGBTIQ people are valued citizens of this state and must be treated with fairness and decency. We are saying in law that difference must no longer translate into discrimination and disadvantage. We are saying that the wrongs of the past must never be repeated but that there is still more work to be done.

I look forward to further commemoration next year of this milestone 50^th anniversary of a piece of legislation.