In a case that is set to test the boundaries of free speech in Australia, the Liberal Party will be investigated for allegedly inciting hatred against same-sex couples. Tasmania's Anti-Discrimination Tribunal has ruled that the Liberal Party should be investigated over a pamphlet it authorised during last year's state election. The document attacked the Greens' policy allowing same-sex marriage as "socially destructive", prompting Hobart transsexual Martine Delaney to lodge a complaint with state Anti-Discrimination Commissioner Sarah Bolt. Ms Bolt rejected the complaint on the basis that it lacked substance, but the tribunal has overturned her decision after an appeal by Ms Delaney. Tribunal chairwoman Helen Wood directed that an investigation against the Liberal Party proceed. Ms Delaney said yesterday that she was pleased the party would be forced to "answer for its actions". "I believe in and support free speech, but it comes with certain obligations - including not to vilify minority groups, particularly those who are already marginalised," she said. Tasmanian Liberal Party director and last year's election campaign manager Damien Mantach authorised the pamphlet. He said yesterday that the party was happy to take part in the commissioner's process but it did not believe it had done anything wrong. "Our position is that we don't believe you should have people of the same sex having the right to marry as normal, heterosexual couples can," Mr Mantach said. "We value that position. I don't believe we have overstepped the mark. I don't believe the case will be successful." Mr Mantach said it was important to note that the pamphlet had attacked the Greens' policy on marriage rights for same-sex couples, rather than the same-sex "lifestyle". "We've got nothing to hide. I'm happy to stand by everything we've done," he said. Tasmania's Anti-Discrimination Act is widely regarded as the toughest of all such state legislation. Ms Bolt must now investigate whether the pamphlets, letterboxed during the campaign leading up to the 18 March election, are a potential breach. After her investigation, which could take up to six months, she can dismiss the complaint, direct the parties to conciliation or refer it for a full inquiry before the tribunal. The tribunal has broad powers to issue prohibition actions or award compensation. Ms Delaney said if her case was successful she would seek a "very public" apology and the payment of compensation to anti-homophobia campaigns. "I hope it brings an end to people using same-sex couples as a political wedge and hopefully changes and uplifts the standard of debate in election campaigns," she said. Ref: The Australian (m)
Credit: GayNZ.com News Staff
First published: Saturday, 20th January 2007 - 12:00pm