Gay and lesbian community - Newcastle City Council

GAY & LESBIAN
BACKGROUND
Towards the end of the process of preparing the previous Social Plan (2000 - 2005), members
of the gay and lesbian community highlighted the need to prepare a discussion paper that would
specifically address their community concerns for incorporation into the next Community Plan.
It is important to recognise that gay and lesbian communities are socially diverse due to factors
such as cultural background, religion, age and socio-economic status. The number of people in
Newcastle who identify as gay and lesbian is unknown. However, US data suggests that
between 3% to 8% of the population identifies as gay, lesbian or bisexual (Zirngast, 2002). This
indicates a gay and lesbian community of between 4,000 to 11,000 people in Newcastle.
Throughout this paper, the commonly used expression of gay and lesbian will be used
interchangeably with gay/lesbian/bisexual/transgender/intersex/queer (GLBTIQ) or people with
diverse sexualities, and is intended to cover the diversity of people within these communities.
These terms are open to debate, both within and outside the GLBTIQ community, reflecting the
fluidity of sexual and gender identities and the importance that members of marginalised groups
can attach to the processes of self-definition and redefinition.
Council has provided support to the GLBTIQ communities through grants and sponsorship.
Recent examples include the Rainbow Visions Community Picnic and a series of creative
workshops. Council also provides ongoing space at the Youth Venue for an under 18’s social
group for GLBTIQ youth (Rainbow Divas) and an under 25 social group (Q25).
TRENDS, POLICY AND LEGISLATION
Trends
The benefits of a diverse community which is open and tolerant have been clearly identified in
recent literature (Florida, 2002). Increasingly, regional areas that experience ongoing economic
growth are associated with having (and actively promoting) a flexible, accepting and dynamic
community that supports a sustainable and organic cultural life.
The Attorney General’s Report ‘You shouldn’t have to hide to be safe’ (December 2003)
indicates that homophobic hostility and violence is still prevalent, but that it is now often more
subtle or hidden than a decade ago.
Comments from members of the gay and lesbian communities note that their ‘communities of
interest’ have changed over the past decade and they are becoming more integrated into
mainstream society. Cited examples of this can be seen in contemporary Newcastle venues
with their more blended customer base. However, other gay and lesbian community members
see their community as “fragmented” and frequently express a desire to draw them closer
together. Further anecdotal evidence suggests that more gay and lesbian people are choosing
Newcastle as a place to live, rather than Sydney, based on the lifestyle choices available in
Newcastle and it’s accessibility to Sydney.
Discussion Papers for the Community Plan 2006 - 2010 193

TARGET GROUPS Gay and Lesbian
Federal and State legislation impact on same sex couples in a number of different ways.
Federal Government Legislation
The Disability Discrimination Act 1992 makes it unlawful to discriminate against a person
because he or she has a known or assumed association with HIV/AIDS.
The Sex Discrimination Act 1984 makes it unlawful to discriminate on the basis of a person's
sex (also includes martial status, pregnancy, sexual harassment and family responsibilities),
however, "sex" does not include "sexual orientation".
The Federal Marriage Act 1961 has been recently amended in 2004 to confine the institution
of marriage to opposite-sex couples. No church or recognised religion presently permits
same-sex couples to be married in Australia. Debate about this issue is currently happening
at the Federal level. There are no Federal registered partnership or civil union laws in
Australia.
The Federal Family Law Act 1975 also makes a similar statement, and furthermore, does
not give same sex partners any legal status regarding their partners biological children.
However, some landmark court cases have awarded parenting orders to a gay couple.
The Federal Superannuation Act 1990 has been amended in 2004, expanding the definition
of dependent to include any person with whom the deceased has an interdependency
relationship. This will be satisfied where two people have a close personal relationship, live
together and one or each of them provides the other with financial and domestic support and
personal care. The UN had previously condemned the Australian Federal Government for
discrimination against same-sex couples in a Tasmanian case in 2000.
State Government Legislation
In NSW, consenting homosexual activity between men over the age of 18 was decriminalised in
1984. The age of consent for males has recently been lowered to 16, in line with the age of
consent for women. Other relevant State legislation includes;
The Anti-Discrimination Act, prohibits discrimination on the basis of homosexuality, however,
exemptions are permitted in certain areas such as the military and some other institutions.
In 1995, a gay couple (one of whom had a biological son living with them) from Carrington
successfully challenged the definition of "family cover" by the local health insurer NIB under
the NSW Anti-Discrimination Act 1977. Their claim was initially refused on the grounds that
the couple were not a family and therefore not eligible for family cover. This case set a
precedent in NSW in terms of defining "dependency", however, recognition of same-sex
couples as "family" in a wider legal framework is still in contention.
The Adoption Bill 2000 prohibits same-sex couples from adopting children, however, the law
does not proscribe against providing IVF treatment to single women (it would be unlawful
under the Federal Sex Discrimination Act 1984).
The Property (Relationships) Legislation Amendment Bill (1999) gives same-sex couples
who have been living in a defacto relationship for two years or more, certain partnership
rights such as access to the legal system for property or financial claims, inheritance rights
and hospital visiting rights. Same-sex couples can now make claims for property
adjustment and maintenance.
Concerns have been raised that the government tender of social services to religious bodies
may increase occasions of indirect discrimination against GLBTIQ clients.
Discussion Papers for the Community Plan 2006 - 2010 194

TARGET GROUPS Gay and Lesbian
Local Government Legislation
Local Governments are required to prepare and implement Equal Employment Opportunity
(EEO) Management Plans under the Local Government Act, 1993. Local Governments are also
required to prepare Social or Community Plans under this Act, which consider the needs and
well-being of people in their local government area and the key issues which impact at a local
level.
ISSUES
Community and Family Tolerance
The issues relevant to GBLTIQ youth include both external and internal pressures and these
pressures can also be both positive and negative. Media images of homosexuality are
increasingly positive and well received by the general community eg TV programs such as
“Queer Eye for the Straight Guy”. Many same-sex attracted young people are comfortable and
positive about their sexuality, are able to use healthy coping strategies when confronting social
prejudices and are well supported by their friends and family.
Being a GBLTIQ youth may generate feelings of despair, frustration or anger, as some may
believe a life of prejudice is inevitable because of their sexual orientation. This can lead to
feelings of ambivalence about their sexual identity and self-blame, which can be generated if
they are uncomfortable with their sexuality and accompanying prejudice.
Negative pressures can increase the risk factors for some individuals (depression, substance
abuse and homelessness) for suicide. NSW schools have specific anti-bullying policies in place
to address bullying that may include gay and lesbian youth. External negative pressures for
youth can include:
Loss of family support - families may not accept their child's homosexuality.
Religion - some religions do not accept homosexual practice.
Harassment - homosexual youth are more likely to experience verbal harassment, physical
abuse and destruction of property, particularly at schools.
Homelessness or premature independent living - family problems following the revelation of
sexual orientation can lead to forced homelessness or being forced to live independently at
an earlier age than usual for their peer group. This can be particularly problematic for youth
in an ongoing dependency situation such as TAFE or university attendance.
Discrimination - Australia is predominantly a heterosexual society and consequently,
homosexual youth may experience discrimination.
Increased risk for HIV/AIDS - while the threat of HIV is present for heterosexual youth, it is
of particular concern for GBLTIQ youth. This can increase feelings of anxiety or distress.
Maintaining Independence and Financial Security
For GBLTIQ people as they age, issues tend to focus on the importance of building sustained
loving relationships. For lesbians, additional issues can include child bearing and access to
children after a relationship breakdown. For same sex couples, acknowledgment that they have
the same parental rights and responsibilities as heterosexual couples is important.
GBLTIQ adults have the same fears that many ageing adults have and these include loneliness
and isolation, physical dependence on others, loss of autonomy and poverty. “Ageism” can be
a systemic form of discrimination within their own communities. However, coping mechanisms
such as integration into the gay and lesbian communities, a healthy sex life and lack of concern
with hiding their sexuality are key factors that assist in adaptation to the aging process.
Discussion Papers for the Community Plan 2006 - 2010 195

TARGET GROUPS Gay and Lesbian
Aged care facilities often presume either heterosexuality or asexuality on behalf of old people.
GBLTIQ people face legal complications regarding the status of their relationships, which may
not become fully apparent until they are ageing. These issues can significantly impact on their
financial and emotional well being as they age.
Older GBLTIQ people often have a strong social support network but may not have the same
degree of family support. Therefore, appropriate and sensitive aged care services become
central to maintaining independence. These services may need to provide more intensive
assistance within the home due to client resistance to moving into aged care facilities that may
not be supportive of their sexuality or seniors sexuality in any form.
The Department of Health and Aged Care National Strategy for Ageing Australia does not
currently mention the specific needs of aging GBLTIQ people. Equitable aged care provision to
address the specific needs of GBLTIQ people requires consideration at the Federal level.
The GBLTIQ community remains unprotected by legislation that other members of the
community currently enjoy. Whilst this situation prevails, same sex partners need to ensure that
they have other strategies in place such as a valid will, enduring power of attorney and
guardianship. The current conservative political and policy environment suggests that reform in
these areas will not be in the short term.
Community Safety
More than 56% of respondents (AG Report) reported experiencing one or more forms of abuse,
harassment or violence in the past 12 months, usually near or at a gay/lesbian venue, work,
place of study or their home. Over 8% of those abused in the past year had suffered a physical
injury in the most recent incident, yet only 13% of those respondents had reported the incident
to the police. In three out of four cases, the perpetrators were unknown to the respondents.
In Newcastle, current anecdotal evidence reports that people who are perceived to be
homosexual are occasionally physically and frequently verbally assaulted. The rate of reporting
of these incidents is assumed to be similar to that indicated in the AG Report. Homophobic
violence impacts negatively not only on homosexual men and women but also impacts on their
children, families, friends and the broader community.
Domestic violence (DV) is being recognised as an issue of concern across all of our
communities and for same sex couples, there can be additional concerns. There can be issues
with reporting DV to police, particularly as this can "out" either partner and also potentially
reveal the HIV status of a partner if they are positive. Homophobic violence (including
harassment, verbal and physical abuse) in any setting is being addressed through ongoing work
by the Attorney General's Department, AIDS Council of NSW (ACON) and the Lesbian and Gay
Anti-Violence Project.
Council regularly hears community concern expressed about beats. A ‘beat’ is a public place,
often a public toilet, which is used by some men as a place to meet other men (to initiate social
connections) and have sex either at the ‘beat’ or at another place. ‘Beats’ meet a social need
for men, many of whom who do not necessarily identify as gay or bisexual, or who have not yet
'come out', but want to have sex with men. This group of men may not necessarily be engaged
with the wider gay community and therefore, may not be as aware of the health implications of
unsafe sex. Known ‘beats’ can also become a focus for people who target gay men. There is
evidence that men are increasingly using the internet to meet other local men.
Discussion Papers for the Community Plan 2006 - 2010 196

TARGET GROUPS Gay and Lesbian
Community Connections
There is currently only one commercial social venue for GBLTIQ people (currently a venue in
Islington but this may vary with changes in management or ownership). There is an identified
lack of venues or activities for GLBTIQ youth, particularly alcohol free ones. The Palais Youth
Venue provides a social venue but is restricted by the availability of times.
Rainbow Visions (a local gay and lesbian community based organisation open to all ages) aims
to improve the well-being of local GLBTIQ people by using a variety of strategies (eg website,
annual community festival, information access) to promote community participation and pride
through community connection points.
Community Resources and Services
Some community members feel that there are not enough services for same-sex relationships.
ACON have only one part-time staff member available for relationship counselling. Same sex
issues are often a variation on who does what in the relationship around equality and
discrimination issues.
However, other service providers feel that mainstream services would suffice and would often
be able to provide a higher level of service for same-sex couples. ACON offer services that are
not regularly patronised but they also do not get a lot of community feedback on what services
would be preferred.
There is concern amongst health professionals about a rise in Sexually Transmitted Infections
(STI’s) that appears to be following an increase in unsafe sex practices. This can be seen in
both the heterosexual community (particularly chlamydia) and in some sections of the
homosexual communities. The greatest proportion of STIs is among homosexually active
males aged 30 - 40 years. This rise has been noted more in Sydney but there is also a slight
increase noted in the Hunter.
KEY ISSUES
Community and family tolerance
Maintaining independence and financial security
Community safety
Community connections
Community resources and services
KEY STRATEGIES
Facilitate and encourage community initiatives that promote acceptance of diversity
Facilitate and promote Youth Venue programs that engage with GLBTIQ youth and the
broader community
Facilitate the inclusion of GLBTIQ issues in the consideration of Senior Novocastrian issues
Facilitate the inclusion of GLBTIQ issues in the development and reviews of Council's
Community Safety Policy and Crime Prevention Plans
Explore the feasibility of establishing an information delivery hub that can better promote
availability of community halls and facilities
Develop a Public Toilet Strategy
Discussion Papers for the Community Plan 2006 - 2010 197

TARGET GROUPS Gay and Lesbian
REFERENCES
‘Geographies of heteropartiarchy: gender and sexuality and space’, in Waitt, G., McGuirk, P,
Dunn, K., Hartig, K., & Burnley, I., 2000, Introducing Human Geography; globalisation,
difference and inequality’, Longman.
ACON, 2004, ‘Community awareness campaign: same sex violence’, Australian Domestic and
Family Violence Clearinghouse, Newsletter No 17.
Attorney General’s Department NSW, December 2003, ‘You shouldn’t have to hide to be safe’.
Australian Domestic and Family Violence Clearinghouse Newsletter No 16, Oct 2003, ‘No More
Secrets: Violence in Lesbian Relationships’, review by Zoe Carven.
Department of Health and Aged Care, National Strategy for an Ageing Australia,
www.ageing.health.gov.au/ofoa/agepolicy/index.htm.
Florida, R., The Rise of the Creative Class, Basic Books, New York.
Hazelton, T., 1998, 'Gay and Lesbian Youth Suicide', Module 10, Hunter Institute of Mental
Health, www.himh.org.au/response.
Rainbow Visions Community Picnic 2003 Report.
Shellharbour City Council, May 2004, ‘Be Yourself: a guide for Lesbians and Gays in the
Illawarra’, eds: ACON, IWHC, Wollongong Youth Services.
Victorian Government, Department of Human Services, July 2003, ‘Health and sexual diversity’.
Wafer, J., et al, 2000, ‘Out in the Valley: Hunter Gay and Lesbian Histories’, Newcastle History
Monograph No. 15, Newcastle Region Library.
Zirngast, N., 2002, 'Aged Care in Australia for Gay, Lesbian, Bisexual, Transgender and
Intersex People', RMIT Student Union Briefing Paper.
CONSULTATIONS
ACON – various staff
Rainbow Visions – various committee members
Hunter Centre for Health Advancement – HIV/AIDs Project Officer
University of Newcastle, Queer Collective Convenor (1)
Regional Co-ordinator, Domestic Violence
WEBSITES
www.austdvclearinghouse.nsw.edu.au, downloaded 15/04/04
www.avp.acon.org.au, Lesbian and Gay Anti-Violence Project’s (AVP) site, accessed 19/03/04
www.gaylawnet.com, accessed 19/03/04 and 14/10/04
www.glrl.org.au, accessed on 18/03/04; Gay and Lesbian Rights Lobby
www.rainbowvisions.org.au, accessed multiple times
Discussion Papers for the Community Plan 2006 - 2010 198