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LGBT rights in Queensland

LGBT rights in Queensland
Queensland (Australia)
Status
Always legal for women; legal since 1991 for men
  • Equal age of consent since 2016
Gender identityChange of sex marker on birth certificate does not require sex reassignment surgery since 2024[1]
Discrimination protectionsYes (state law since 2002; under federal law since 2013)
Family rights
Recognition of relationships
State law: De facto relationships since 2002; Civil partnerships since 2012[N 1]
AdoptionFull LGBT adoption rights since 2016

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. 2019 polling on gay rights consistently showed that even in regional areas, Queensland is no more conservative about the subject than any other states.[2]

Private consensual sex between men has been legal in the state since 1991, with lesbian sexual acts never criminalised.[3] The age of consent was equalised to 16 years for all sexual acts in 2016.[4] 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.[5][6][7] 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.[8] Transgender and intersex Queenslanders are able to update their government records and birth certificate,[9] with the formal repeal of both the "divorce requirements" in 2018 and then the "surgery requirements" in 2024.[10]

LGBT rights have been politically polarised: the Queensland branch of the Australian Labor Party supported the decriminalisation of homosexual sex and anti-discrimination protections as early as 1981 and have introduced various legal reforms when in power, while the socially conservative Liberal National Party of Queensland and its predecessor the National Party has traditionally been more hostile.[11] Queensland has historically been Australia's most conservative state, concentrated in the decentralised regional/rural areas to the north and west of the metropolitan south-east corner,[12] but the impact of social conservatism on Queensland politics and laws has declined significantly in the 21st century.[13][2] The highest proportion of Queensland same-sex couples are concentrated in Brisbane's inner-city suburbs, with the top three being New Farm, Fortitude Valley and Teneriffe.[14]

Same-sex marriage has been legal in the state since December 2017, after passage of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 in the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.7% "Yes" response in Queensland. The Brisbane and Griffith electorates returned the sixth and eighth highest percentages of ‘Yes’ votes in Australia out of 150 electorates.[15]

  1. ^ [1]
  2. ^ a b "Making progress: is Queensland actually as conservative as we think? | Queensland | The Guardian". amp.theguardian.com. Retrieved 22 May 2024.
  3. ^ Carbery, Graham (2010). "Towards Homosexual Equality in Australian Criminal Law: A Brief History" (PDF) (2nd ed.). Australian Lesbian and Gay Archives Inc.
  4. ^ Burke, Gail (15 September 2016). "Queensland lowers anal sex consent age to 16, ending 'archaic' law". ABC News. Australian Broadcasting Corporation. Retrieved 17 September 2016.
  5. ^ "View – Queensland Legislation – Queensland Government". legislation.qld.gov.au.
  6. ^ "QLD becomes first state to ban gay conversion therapy". NewsComAu. 14 August 2020.
  7. ^ Foundation, Thomson Reuters (16 August 2020). "Queensland becomes first Australian state to outlaw gay conversion therapy". {{cite web}}: |first= has generic name (help)[permanent dead link]
  8. ^ Joshua Robertson (22 March 2017). "'Gay panic' murder defence thrown out in Queensland". The Guardian.
  9. ^ Easten, Renee (February 2003). Protecting Transgender Rights under Queensland's Discrimination Law Amendment Act 2002 (Research Brief No 2003/02) (Report). Queensland Parliamentary Library. ISBN 0-7345-2848-5.
  10. ^ [2]
  11. ^ Willett, Graham (2010). "Chapter 7: Australia: nine jurisdictions, one long struggle" (PDF). Human Rights, Sexual Orientation and Gender Identity in The Commonwealth: Struggles for Decriminalisation and Change. Human Rights Consortium, Institute of Commonwealth Studies, School of Advanced Study, University of London. p. 219. ISBN 978-0-9573548-8-3.
  12. ^ Remeikis, Amy (7 October 2016). "Marriage equality? No thanks, we're (regional) Queenslanders". The Sydney Morning Herald. Retrieved 23 October 2016.
  13. ^ Katherine Feeney (27 March 2012). "Social conservatism saw KAP beat Greens vote". Brisbane Times. Retrieved 27 June 2012.
  14. ^ Brook, Benedict (6 March 2016). "Welcome to the gaybourhood". News.com.au. News Corp Australia. Retrieved 13 November 2016.
  15. ^ "Results: Australian Marriage Law Postal Survey". Australian Bureau of Statistics. 15 November 2017. Archived from the original on 17 November 2017.


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