Are you a member of the LGBTIQ+ community on the Sunshine Coast or in Queensland?
If so, there are various rights you are entitled to under federal and state laws.
As seen in the past, the queer community has faced significant discrimination both in legal matters, such as the inability to be married or even recognised as a valid identity, and social discrimination, such as discrimination in the workplace or hate crimes.
Since this time, however, laws have been introduced in Australia to ensure that the LGBTIQ+ community experiences equity and the same opportunities and rights as those who are heterosexual or cis-gendered.
This article will discuss the rights those that identify as LGBTIQ+ have in Queensland, and what they mean for you.
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Meaning of LGBTIQ+
The term LGBTIQ+ is an abbreviation for several labels of the queer community; Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer, the plus representing the many other sexualities and gender identities in the community.
These terms define the many different sexual and gender identities that individuals may identify as, other than the general social “norm” of heterosexual or cis-gendered, or the sole emotional and sexual attraction to the opposite gender and the gender assigned to one at birth.
As for the meaning of the identities aforementioned:
- Lesbian: The term “lesbian” is generally a woman or non-binary person who is solely attracted to other women or non-binary people. Historically, the identity was solely for women attracted to other women, but the recent societal recognition of non-binary people created a conversation in which the term lesbian can represent non-men attracted to non-men.
- Gay: The term “gay” describes a man or, again, a non-binary person who is solely attracted to other men or non-binary people. This term can be confusing for some as it is also occasionally used as an umbrella term for anyone who does not identify as heterosexual.
- Bisexual: The attraction of any one gender to any other gender, generally with a preference for a specific gender.
- Transgender: An individual who does not identify with the gender assigned to them at birth. Some will undergo surgery or begin taking hormone blockers or other medication to make them feel like their physical body is more representative of their gender identity, however, many chose not to or do not have the opportunity to do so.
- Intersex: The term “intersex” generally defines any individual born with sexual reproductive organs that do not necessarily fit in the category of “male” or “female”.
- Queer: The term “queer” is the true umbrella term for the LGBTIQ+ community and describes anyone that is not cis-gendered or heterosexual.
Anti-discrimination Laws for LGBTIQ+
Sexual discrimination is the action or behaviour of excluding or bullying someone due to their sexuality or gender identity.
You may be a victim of sexual discrimination if you feel that you are being treated unfairly or less favourably by any individual or group due to either of the above factors.
The Human Rights Act 2019 establishes that is in unlawful for one to be discriminated against, due to the statement in section 15, subsection 2 that states “Every person has the right to enjoy the person’s human rights without discrimination”.
The law again states the illegality of discrimination on the basis of sexuality or gender identity in Anti-Discrimination Act 1991 which says “The Act prohibits discrimination based on the following attributes:
- gender identity;
- sexuality; …”
As seen in the above legislation, the law does not prohibit discrimination and punishment, either legal or civil depending on the nature of the matter, may take place.
It is unlawful to incite hate on an individual due to their sexuality or gender identity, especially if it threatens them with physical harm or harm to their property.
If acts of physical or property violence are committed, and it is made evident to the court that the crime was motivated by hatred towards the individual’s sexuality or gender identity, it will likely be considered a hate crime.
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LGBTIQ+ and Adoption
Queer people may not be able or willing to produce children in a typical manner and may be considering or going on the journey of adoption.
Due to the possibility of two individuals of the same gender getting married and/or wanting to have a child together, or the possibility that a gender-queer person may have undergone gender reaffirming surgery or experienced high levels of dysphoria that prevents them from having a child, adoption is quite common among the queer population.
Of course, there are other means of having a child when in either a queer relationship or a situation regarding your gender identity.
However, in Queensland laws state that same-sex couples, opposite-sex couples, and single individuals deserve and, therefore, have equal adoption rights and abilities.
Same-sex couples also have access to equal opportunity in the field of fertility treatment, meaning if they are having trouble conceiving through methods such as a sperm donor or a surrogate, they can receive some assistance.
Transgender/Intersex Rights
Transgender and Intersex individuals also have a set of rights in Queensland, protected by law, to allow equitable treatment in society.
As initiated in 2016, Queensland drivers do not have their sex on their driver’s license, as to create a safer and less degrading environment for the transgender and intersex community.
Before this was introduced, to change the gender on one’s license evidence had to be provided that they were undergoing some sort of gender reassignment.
Even in this circumstance, the identities of those who did not identify as “male” or “female” were not taken into account, as these were the only options on a license.
At the moment, Queensland law requires quite an extensive progress to legally change your birth certificate to state your gender identity.
The individual must be over 18, provide two statutory declarations from doctors stating that they have undergone sexual reassignment surgery, and have legally changed their name.
Intersex individuals do not have the right in Australia to have a recognised gender on their birth certificates.
This has been the cause of much uproar in the activist community as intersex is a valid birth assignment and should be recognised accordingly.
Your Rights – Key Takeaways
LGBTIQ+ individuals are provided with a variety of rights in an attempt to create an equal society for Queensland queer people.
If you have experienced any form of discrimination and you think it may be classed as unlawful, you may want to consider employing the assistance of a lawyer.
This can be especially useful if it has caused damages in your life, such as quitting or being fired from your job due to discrimination.
Been discriminated against? Be referred to the best litigation lawyers on the Sunshine Coast
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