‘Shocking example of legalised homophobia’ confirms need for new NSW Anti-Discrimination Act

  • The Guardian this morning reported that: ‘Anglicare refused to assess the Aboriginal aunt of an Aboriginal baby as a long-term carer because she was in a same-sex relationship and, with the knowledge of the NSW government, sought to have the baby adopted to a non-Indigenous couple.’
  • The Children’s Court criticism of this approach is available at Re Daisy Logan [2023] NSWChC 16.
  • Discrimination against same-sex attracted carers is currently lawful under the Anti-Discrimination Act 1977 (NSW), with both a general religious exception in section 56(d) and a specific exception in section 59A allowing faith-based foster care and adoption agencies to refuse to place children with same-sex couples simply because of their sexual orientation.
  • It was confirmed in 2010 that homophobic discrimination is allowed under the Act when PIAC represented a same-sex couple in an unsuccessful complaint against Wesley Mission Council for refusal to be approved as foster carers.
  • In June 2023, Attorney General Michael Daley asked the NSW Law Reform Commission to review the Anti-Discrimination Act, but the Minns Government has not made any specific commitments to reform the Act’s broad religious exceptions.

Comments attributable to PIAC Director of Policy and Advocacy Alastair Lawrie:

‘That a government-funded social service provider like Anglicare can refuse to even assess an Aboriginal aunt of an Aboriginal baby as a long-term carer because she was in a same-sex relationship is a shocking example of legalised homophobia. It highlights just how out-dated our anti-discrimination law is in NSW.’

‘The fact that, in 2024, religious adoption and foster care services have special legal privileges to discriminate against same-sex couples is a shameful reminder of the urgent need for reform.’

‘Children should be placed with the best and most appropriate carers. The sexual orientation and/or gender identity of carers is irrelevant to that decision. Our anti-discrimination laws should be modernised to reflect this basic principle.’

‘The Attorney General has asked the NSW Law Reform Commission to review the Anti-Discrimination Act. This is a welcome first step. But the Minns Government must make a clear public commitment to bring these laws in line with contemporary community standards. Exceptions allowing wide-ranging discrimination against LGBTQ+ people must be removed.’ 

Media contacts:
PIAC Media and Communications Manager, Danielle Buhagiar: 0478 739 280, [email protected]

Image credit: Sarkana. Image used under licence.

Share this article

Wins

HPLS and StreetCare have influenced a City of Sydney proposal to reduce the number of places where alcohol is prohibited.
Towards Truth is a partnership between PIAC and UNSW Indigenous Law Centre.
Former disability discrimination commissioner Graeme Innes settled a dispute over a 'humiliating and distressing' experience.

Keep up to date with our work

Subscribe for updates including media coverage, event invitations and progress stories. You will hear from us about twice a month.