The NSW Labor government has officially apologised for historical laws against homosexual acts – but advocates say more needs to be done.
NSW is the last Australian state to formally apologise for laws that resulted in gay people being locked up.
Premier Chris Minns said the parliament regretted its role in enacting laws and endorsing policies that criminalised, persecuted and harmed people based on their sexuality.
“This house, on behalf of the people of NSW, apologises unreservedly to those convicted under discriminatory laws that criminalised homosexual acts,” he said in parliament on Thursday as he delivered a state apology.
“We are here to apologise for every life that was damaged or diminished or destroyed by these unjust laws. To those who survived these terrible years, and to those that never made it through, we are truly sorry,” he said.
Minns led the apology in the lower house on Thursday by saying his government was sorry for everyone convicted and everyone who lost the love of family and friends and were made to live a smaller life due to the laws.
“Today we are sorry for the unforgivable pain we put you through but we are also here to offer you thanks, for giving us a future that is better than your past.”
NSW Opposition Leader Mark Speakman backed up Minns’ apology and said it was long overdue.
“[This is] … an apology for laws that let discrimination flourish. For laws that said gays and lesbians were lesser people. For laws that said gays and lesbians were to stay in the shadows instead of being embraced as part of a diverse community.”
Michael Kirby, a former justice of the High Court, told Gay Sydney News that apologies like Thursday’s were important because they helped contribute to changes in law and community attitudes.
“Many say we should concentrate on current issues, such as the banning of books in community libraries,” Kirby said.
“However, there have been apologies in the past, such as to Australia’s First Nations people. It can be educative; and a reminder that each generation inherits an obligation to face up to, and acknowledge, the wrongs of the past.”
Kirby said that the apology is a step towards a society that respects each other despite its differences.
“I congratulate Premier Chris Minns and other champions,” he said. “But the struggle is not over yet, as recent events globally and in Australia demonstrate,” he said.
Activist group Pride in Protest, which organised a demonstration outside of parliament during the apology, said Minns’ actions were nothing more than a publicity stunt.
“This apology comes in the wake of the Cumberland [council] book ban which a Labor member helped put through. The Labor government has done nothing material for queer people,” protest organiser Quay Quay Quad said.
Quay told Gay Sydney News the recent ban on so-called gay conversion therapy had exceptions that would allow for more clandestine means of therapy.
“They [Labor] make gestures but they play these games to appear sensible Liberal alternatives, but they are anti-queer. Most of their policies don’t do anything for us,” Quad said.
Quad said Pride in Protest would look to protest the Labor conference, and even Rainbow Labor events, particularly as they look for the passage of Independent Sydney MP Alex Greenwich’s Equality Bill.
“Labor has everything they need to pass it in full. They don’t need to debate it, it’s pretty clear they are making a choice to stand against queer people, to stand against queer rights,” Quad said.
An open letter to the premier signed by over 80 groups including Equality Australia, Mardi Gras, ACON and Qtopia, also called on the government to pass Greenwich’s bill.
“As you deliver this historic and gracious apology, we now call on the NSW Parliament to honour the bravery of our rainbow elders and make it better for the next generation by also finishing the unfinished business of 1984,” it said.
The letter said many may be surprised to know that gay and trans teachers and students can still be legally fired or expelled from schools, that trans people are denied IDs that match their identity, and that not all families are recognised under the law.
“Let’s make 2024 the year that NSW finally removes all the remaining discrimination facing LGBTIQ+ people in our laws.”
Sydney MP Alex Greenwich thanked the Minns government for the apology to parliament but said now was the time for further action.
“My message to my colleagues today will be the same message that the LGBTI+ community had 40 years ago,” he said. “Get out of our bedrooms, get out of our pants, and let us live our lives.”
Greenwich said NSW still languishes at the bottom when it comes to LGBTI+ rights as he called on parliament to pass his Equality Bill.
The bill proposes amendments to 20 different acts of parliament with the aim of protecting LGBTI+ school staff and students from discrimination, ensuring trans and gender diverse people can access ID that matches their identity, and better recognising queer families under the law.
“Whether these reforms are achieved through my legislation, or the government’s legislation, the important thing is that they are achieved,” Greenwich said.
“The main thing is, 40 years on from decriminalisation, let’s finally remove discrimination that impacts the lives, health, wellbeing and safety of the LGBTI community.”
Asked if the government would support the Equality Bill, a spokesperson for the premier said: “Alex Greenwich’s bill will go through the usual cabinet process. We don’t want to pre-empt that. The government will continue to engage with the Member for Sydney in good faith as we have been.”
Gay Sydney News reporter