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'Unimaginably wrong': Victoria's gay conviction apology speech in full 'Unimaginably wrong': Victoria's gay conviction apology speech in full
(4 months later)
“Speaker – it’s never too late to put things right.“Speaker – it’s never too late to put things right.
Related: Victorian premier sorry for 'abominable' laws punishing homosexuality
It’s never too late to say sorry – and mean it.It’s never too late to say sorry – and mean it.
That’s what brings us all to the heart of our democracy …That’s what brings us all to the heart of our democracy …
… here, in this parliament …… here, in this parliament …
… where, over the course of decades, a powerful prejudice was written into law.… where, over the course of decades, a powerful prejudice was written into law.
A prejudice that ruined lives.A prejudice that ruined lives.
A prejudice that prevails in different ways, even still.A prejudice that prevails in different ways, even still.
That law was written in our name – as representatives, and as Victorians.That law was written in our name – as representatives, and as Victorians.
And that law was enforced by the very democratic system to which we call ourselves faithful.And that law was enforced by the very democratic system to which we call ourselves faithful.
So it is our responsibility to prove that the parliament that engineered this prejudice can also be the parliament that ends it.So it is our responsibility to prove that the parliament that engineered this prejudice can also be the parliament that ends it.
That starts with acknowledging the offences of the past …That starts with acknowledging the offences of the past …
… admitting the failings of the present …… admitting the failings of the present …
… and building a society, for the future, that is strong and fair and just.… and building a society, for the future, that is strong and fair and just.
In doing so, Speaker, we’ll have shown this moment to be no mere gesture.In doing so, Speaker, we’ll have shown this moment to be no mere gesture.
In doing so, we’ll have proven that the dignity and bravery of generations of Victorians wasn’t simply for nought.In doing so, we’ll have proven that the dignity and bravery of generations of Victorians wasn’t simply for nought.
And that, I hope, will be the greatest comfort of all.And that, I hope, will be the greatest comfort of all.
Speaker, there is no more simple an acknowledgement than this:Speaker, there is no more simple an acknowledgement than this:
There was a time in our history when we turned thousands of ordinary young men into criminals.There was a time in our history when we turned thousands of ordinary young men into criminals.
And it was profoundly and unimaginably wrong.And it was profoundly and unimaginably wrong.
That such a thing could have occurred – once, perhaps a century ago – would not surprise most Victorians…That such a thing could have occurred – once, perhaps a century ago – would not surprise most Victorians…
… well, I hold here an article that reports the random arrest of 15 men.… well, I hold here an article that reports the random arrest of 15 men.
“Police Blitz Catches Homosexuals”, the headline reads.“Police Blitz Catches Homosexuals”, the headline reads.
And said a police officer: “… we just seem to find homosexuals loitering wherever we go.”And said a police officer: “… we just seem to find homosexuals loitering wherever we go.”
This was published in Melbourne’s biggest-selling weekly newspaper – in December 1976.This was published in Melbourne’s biggest-selling weekly newspaper – in December 1976.
A decade earlier, in 1967, a local paper said that a dozen men would soon face court for – quote – “morals offences”, and urged the public to report homosexuals to the police with a minimum of delay.A decade earlier, in 1967, a local paper said that a dozen men would soon face court for – quote – “morals offences”, and urged the public to report homosexuals to the police with a minimum of delay.
A generation earlier, in 1937, Judge MacIndoe said John, a man in his 20s, was “not quite sane”, and gaoled him for three months on a charge of gross indecency.A generation earlier, in 1937, Judge MacIndoe said John, a man in his 20s, was “not quite sane”, and gaoled him for three months on a charge of gross indecency.
In 1936, Jack, a working man from Sale, faced a Melbourne court on the same charge – and he was gaoled for ten years.In 1936, Jack, a working man from Sale, faced a Melbourne court on the same charge – and he was gaoled for ten years.
This, Speaker, is the society we built.This, Speaker, is the society we built.
And it would be easy to blame the courts, or the media, or the police, or the public.And it would be easy to blame the courts, or the media, or the police, or the public.
It is easy for us to condemn their bigotry.It is easy for us to condemn their bigotry.
But the law required them to be bigoted.But the law required them to be bigoted.
And those laws were struck here, where I stand.And those laws were struck here, where I stand.
One of those laws even earned the label abominable.One of those laws even earned the label abominable.
And in 1961 alone, 40 Victorian men were charged with it.And in 1961 alone, 40 Victorian men were charged with it.
In the same year, a minor offence was created that shook just as many lives.In the same year, a minor offence was created that shook just as many lives.
The penalty was $600 in today’s terms, or one month’s imprisonment.The penalty was $600 in today’s terms, or one month’s imprisonment.
The charge? ‘Loitering for homosexual purposes.’The charge? ‘Loitering for homosexual purposes.’
This was the offence used to justify that random police blitz in ‘76.This was the offence used to justify that random police blitz in ‘76.
A witness said: “Young policemen were sent … to … entrap suspected homosexuals.”A witness said: “Young policemen were sent … to … entrap suspected homosexuals.”
“[Officers] dressed in swimwear … engaging other men in conversation.”“[Officers] dressed in swimwear … engaging other men in conversation.”
“When the policeman was satisfied the person was homosexual, an arrest was made.”“When the policeman was satisfied the person was homosexual, an arrest was made.”
When we began this process, Speaker, I expected to be offering an apology to people persecuted for homosexual acts.When we began this process, Speaker, I expected to be offering an apology to people persecuted for homosexual acts.
But it has become clear to me that the State also persecuted against homosexual thought.But it has become clear to me that the State also persecuted against homosexual thought.
Loitering for homosexual purposes is a thought crime …Loitering for homosexual purposes is a thought crime …
And in one summer in 1976, in one location alone, one hundred men were targeted under this violation of thought; something for which there was no possible defence.And in one summer in 1976, in one location alone, one hundred men were targeted under this violation of thought; something for which there was no possible defence.
… all in our lifetimes, Speaker.… all in our lifetimes, Speaker.
In our name.In our name.
Young people. Old people. Thousands and thousands of people.Young people. Old people. Thousands and thousands of people.
I suppose it’s rare when you can’t even begin to conceive what was on the minds of our forebears in this Place.I suppose it’s rare when you can’t even begin to conceive what was on the minds of our forebears in this Place.
But I look back at those statutes and I am dumbfounded.But I look back at those statutes and I am dumbfounded.
I can’t possibly explain why we made these laws, and clung to them, and fought for them.I can’t possibly explain why we made these laws, and clung to them, and fought for them.
For decades, we were obsessed with the private mysteries of men.For decades, we were obsessed with the private mysteries of men.
And so we jailed them.And so we jailed them.
We harmed them.We harmed them.
And, in turn, they harmed themselves.And, in turn, they harmed themselves.
Speaker, it is the first responsibility of a government to keep people safe.Speaker, it is the first responsibility of a government to keep people safe.
But the government didn’t keep LGBTI people safe.But the government didn’t keep LGBTI people safe.
The government invalidated their humanity and cast them into a nightmare.The government invalidated their humanity and cast them into a nightmare.
And those who live today are the survivors of nothing less than a campaign of destruction, led by the might of the state.And those who live today are the survivors of nothing less than a campaign of destruction, led by the might of the state.
… I had the privilege of meeting with four of those survivors.… I had the privilege of meeting with four of those survivors.
One of them was Noel Tovey.One of them was Noel Tovey.
He was sent to Pentridge in 1951.He was sent to Pentridge in 1951.
On more than one occasion in jail, he planned his suicide.On more than one occasion in jail, he planned his suicide.
“Max was singing an aria from La Traviata when the police arrived,” he recalled in his book.“Max was singing an aria from La Traviata when the police arrived,” he recalled in his book.
I was very naive. I knew having sex with men was against the law but I didn’t understand why it was a crime.I was very naive. I knew having sex with men was against the law but I didn’t understand why it was a crime.
At the hearing, the judge said, “You have been charged with the abominable crime of buggery. How do you plead?”At the hearing, the judge said, “You have been charged with the abominable crime of buggery. How do you plead?”
The maximum sentence was fifteen years.The maximum sentence was fifteen years.
Afterwards, only two people would talk to me. I couldn’t…get a job. I was a known criminal.Afterwards, only two people would talk to me. I couldn’t…get a job. I was a known criminal.
And it’s ironic…And it’s ironic…
Eventually I would have been forgiven by everyone if I had murdered Max, but no one could forgive me for having sex with him.”Eventually I would have been forgiven by everyone if I had murdered Max, but no one could forgive me for having sex with him.”
And Noel, in his own words, considers himself “one of the lucky ones.”And Noel, in his own words, considers himself “one of the lucky ones.”
I also met Terry Kennedy.I also met Terry Kennedy.
He was 18 when he was arrested.He was 18 when he was arrested.
“When I wanted to go overseas”, Terry told me, “and when I wanted to start my own business, there was always that dreaded question:“When I wanted to go overseas”, Terry told me, “and when I wanted to start my own business, there was always that dreaded question:
“Have you ever been convicted of a criminal offence?”“Have you ever been convicted of a criminal offence?”
I lied, of course.I lied, of course.
Then the phone rang … It was an inspector from the St Kilda police station. He’d found me out.Then the phone rang … It was an inspector from the St Kilda police station. He’d found me out.
With a curse like that always lurking over our heads, we always had to ask ourselves [this question] – just how far can I go today?”With a curse like that always lurking over our heads, we always had to ask ourselves [this question] – just how far can I go today?”
That’s the sort of question which, in some form or another, must have been asked by almost every single LGBTI person.That’s the sort of question which, in some form or another, must have been asked by almost every single LGBTI person.
It is still asked today – by teenagers in the schoolyard; by adults in the family home.It is still asked today – by teenagers in the schoolyard; by adults in the family home.
Yes, the law was unjust, but it is wrong to think its only victims were those who faced its sanction.Yes, the law was unjust, but it is wrong to think its only victims were those who faced its sanction.
The fact is: these laws cast a dark and paralysing pall over everyone who ever felt like they were different.The fact is: these laws cast a dark and paralysing pall over everyone who ever felt like they were different.
The fact is: these laws represented nothing less than official, state-sanctioned homophobia ...The fact is: these laws represented nothing less than official, state-sanctioned homophobia ...
And we wonder why, Speaker – we wonder why gay and lesbian and bi and trans teenagers are still the target of a red-hot hatred.And we wonder why, Speaker – we wonder why gay and lesbian and bi and trans teenagers are still the target of a red-hot hatred.
We wonder why hundreds of thousands of Australians are still formally excluded from something as basic and decent as a formal celebration of love.We wonder why hundreds of thousands of Australians are still formally excluded from something as basic and decent as a formal celebration of love.
And we wonder why so many people are still forced to drape their lives in shame.And we wonder why so many people are still forced to drape their lives in shame.
Shame: that deeply personal condition, described by Peter McEwen as “the feeling of not being good enough.”Shame: that deeply personal condition, described by Peter McEwen as “the feeling of not being good enough.”
Peter was arrested in 1967.Peter was arrested in 1967.
He soon fled overseas to escape his life.He soon fled overseas to escape his life.
The fourth man I spoke with last week, Tom Anderson, met his own private terror when he was 14.The fourth man I spoke with last week, Tom Anderson, met his own private terror when he was 14.
For weeks, he was routinely sexually assaulted by his boss – a man in his 40s.For weeks, he was routinely sexually assaulted by his boss – a man in his 40s.
His parents, in all good faith, took Tom down to the police station to make a formal statement and get his employer charged.His parents, in all good faith, took Tom down to the police station to make a formal statement and get his employer charged.
And he was.And he was.
But so was Tom.But so was Tom.
This child victim of sexual assault was charged with one count of buggery and two counts of gross indecency.This child victim of sexual assault was charged with one count of buggery and two counts of gross indecency.
Can you believe, Speaker, that the year was 1977 …Can you believe, Speaker, that the year was 1977 …
Today, Tom carries with him a quiet bravery that is hard to put into words.Today, Tom carries with him a quiet bravery that is hard to put into words.
And he told me about the time – one day, just a few years ago – when his home was burgled.And he told me about the time – one day, just a few years ago – when his home was burgled.
“I’m a grown man”, he said, “but the moment the police came around to inspect the house, and I opened the door … I became that 14-year-old boy again.”“I’m a grown man”, he said, “but the moment the police came around to inspect the house, and I opened the door … I became that 14-year-old boy again.”
“I couldn’t talk. I was frozen. I was a grown man and I couldn’t talk.”“I couldn’t talk. I was frozen. I was a grown man and I couldn’t talk.”
This was life for innocent people like Tom.This was life for innocent people like Tom.
We told them they were fugitives living outside the law.We told them they were fugitives living outside the law.
We gave them no safe place to find themselves – or find each other.We gave them no safe place to find themselves – or find each other.
And we made sure they couldn’t trust a soul.And we made sure they couldn’t trust a soul.
Not even their family.Not even their family.
A life like that … what do you think that does to a human being?A life like that … what do you think that does to a human being?
… what do you think it does to their ability to find purpose, to hold themselves with confidence … to be happy, to be social, to be free?… what do you think it does to their ability to find purpose, to hold themselves with confidence … to be happy, to be social, to be free?
Don’t tell me that these laws were simply a suppression of sex.Don’t tell me that these laws were simply a suppression of sex.
This was a suppression of spirit.This was a suppression of spirit.
A denial of love.A denial of love.
And it lives on, today.And it lives on, today.
While the laws were terminated in the 1980s, they still remain next to the names of so many men – most of them dead – a criminal conviction engraved upon their place in history.While the laws were terminated in the 1980s, they still remain next to the names of so many men – most of them dead – a criminal conviction engraved upon their place in history.
I can inform the House that six men have now successfully applied to expunge these convictions from their record.I can inform the House that six men have now successfully applied to expunge these convictions from their record.
Many more have commenced the process.Many more have commenced the process.
This won’t erase the injustice, but it is an accurate statement of what I believe today:This won’t erase the injustice, but it is an accurate statement of what I believe today:
… that these convictions should never have happened …… that these convictions should never have happened …
… that the charges will be deleted, as if they never existed …… that the charges will be deleted, as if they never existed …
… and that their subjects can call themselves, once again, law-abiding men.… and that their subjects can call themselves, once again, law-abiding men.
Expungement is one thing, but these victims won’t find their salvation in this alone.Expungement is one thing, but these victims won’t find their salvation in this alone.
They are each owed hope.They are each owed hope.
And all four of the men I met told me they only began to find that hope when they met people who were just like them.And all four of the men I met told me they only began to find that hope when they met people who were just like them.
Peter McEwen – back in the country, and emerging from years of shame – started meeting weekly with some gay friends at university in 1972.Peter McEwen – back in the country, and emerging from years of shame – started meeting weekly with some gay friends at university in 1972.
“We realised we were all outlaws together,” he said, “and we learnt to say that we are good”.“We realised we were all outlaws together,” he said, “and we learnt to say that we are good”.
“We learnt to say ‘black is beautiful, women are strong – and gay is good.’”“We learnt to say ‘black is beautiful, women are strong – and gay is good.’”
“Once I learnt I was good, it led me to question everyone who said I was evil and sick.”“Once I learnt I was good, it led me to question everyone who said I was evil and sick.”
“Gay men had taken on board the shame. Through each other we found our pride.”“Gay men had taken on board the shame. Through each other we found our pride.”
Then he paused for a second and he said:Then he paused for a second and he said:
“Pride is the opposite of shame.”“Pride is the opposite of shame.”
He’s right.He’s right.
Pride is not a cold acceptance; it’s a celebration.Pride is not a cold acceptance; it’s a celebration.
It’s about wearing your colours and baring your character.It’s about wearing your colours and baring your character.
The mere expression of pride was an act of sheer defiance.The mere expression of pride was an act of sheer defiance.
These people we speak about – they weren’t just fighting for the right to be equal.These people we speak about – they weren’t just fighting for the right to be equal.
They were fighting for the right to be different.They were fighting for the right to be different.
And I want everyone in this state, young or old, to know that you, too, have that right.And I want everyone in this state, young or old, to know that you, too, have that right.
You were born with that right.You were born with that right.
And being who you are is good enough for me – good enough for all of us.And being who you are is good enough for me – good enough for all of us.
Here in Victoria, equality is not negotiable.Here in Victoria, equality is not negotiable.
Here, you can be different from everybody else, but still be treated the same as everybody else.Here, you can be different from everybody else, but still be treated the same as everybody else.
Because we believe in fairness.Because we believe in fairness.
… we believe in honesty, too – so we have to acknowledge this:… we believe in honesty, too – so we have to acknowledge this:
For the time being, we can’t promise things will be easy.For the time being, we can’t promise things will be easy.
Tomorrow, a young bloke will get hurt.Tomorrow, a young bloke will get hurt.
Tomorrow, a parent will turn their back on their child.Tomorrow, a parent will turn their back on their child.
Tomorrow, a loving couple and their beautiful baby will be met with a stare of contempt.Tomorrow, a loving couple and their beautiful baby will be met with a stare of contempt.
Tomorrow, a trans woman will be turned away from a job interview.Tomorrow, a trans woman will be turned away from a job interview.
And tomorrow, a gay teenager will think about ending his own life.And tomorrow, a gay teenager will think about ending his own life.
That’s the truth.That’s the truth.
There is so much more we need to do to make things right.There is so much more we need to do to make things right.
Until then, we can’t promise things will be easy.Until then, we can’t promise things will be easy.
We can’t guarantee that everyone in your life will respect the way you want to live it.We can’t guarantee that everyone in your life will respect the way you want to live it.
And we can’t expect you to make what must be a terrifying plunge until you know the time is right.And we can’t expect you to make what must be a terrifying plunge until you know the time is right.
But just know that whenever that time comes, you have a government that’s on your side.But just know that whenever that time comes, you have a government that’s on your side.
You have a government that is trying to make the state a safer place – in the classroom, in the workplace.You have a government that is trying to make the state a safer place – in the classroom, in the workplace.
You have a government that is trying to eradicate a culture of bullying and harassment so that the next generation of children are never old enough to experience it.You have a government that is trying to eradicate a culture of bullying and harassment so that the next generation of children are never old enough to experience it.
You have a government that sees these indisputable statistics – of LGBTI self-harm, of suicide – and commits to their complete upheaval.You have a government that sees these indisputable statistics – of LGBTI self-harm, of suicide – and commits to their complete upheaval.
You have a government that believes you’re free to be who you are, and to marry the person you love.You have a government that believes you’re free to be who you are, and to marry the person you love.
And you have a government that knows just one life saved is worth all the effort.And you have a government that knows just one life saved is worth all the effort.
Speaker, as part of this process, I learnt that two women were convicted for offensive behaviour in the 1970s for holding hands – on a tram.Speaker, as part of this process, I learnt that two women were convicted for offensive behaviour in the 1970s for holding hands – on a tram.
So let me finish by saying this:So let me finish by saying this:
If you are a member of the LGBTI community, and there’s someone in your life that you love – a partner or a friend – then do me a favour:If you are a member of the LGBTI community, and there’s someone in your life that you love – a partner or a friend – then do me a favour:
Next time you’re on a tram in Melbourne, hold their hand.Next time you’re on a tram in Melbourne, hold their hand.
Do it with pride and defiance.Do it with pride and defiance.
Because you have that freedom.Because you have that freedom.
And here in the progressive capital, I can think of nothing more Victorian than that.And here in the progressive capital, I can think of nothing more Victorian than that.
Speaker, it’s been a life of struggle for generations of Victorians.Speaker, it’s been a life of struggle for generations of Victorians.
As representatives, we take full responsibility.As representatives, we take full responsibility.
We criminalised homosexual thoughts and deeds. We validated homophobic words and acts.We criminalised homosexual thoughts and deeds. We validated homophobic words and acts.
And we set the tone for a society that ruthlessly punished the different – with a short sentence in prison, and a life sentence of shame.And we set the tone for a society that ruthlessly punished the different – with a short sentence in prison, and a life sentence of shame.
From now on, that shame is ours.From now on, that shame is ours.
This parliament and this government are to be formally held to account for designing a culture of darkness and shame.This parliament and this government are to be formally held to account for designing a culture of darkness and shame.
And those who faced its sanction, and lived in fear, are to be formally recognised for their relentless pursuit of freedom and love.And those who faced its sanction, and lived in fear, are to be formally recognised for their relentless pursuit of freedom and love.
It all started here. It will end here, too.It all started here. It will end here, too.
To our knowledge, no jurisdiction in the world has ever offered a full and formal apology for laws like these.To our knowledge, no jurisdiction in the world has ever offered a full and formal apology for laws like these.
So please, let these words rest forever in our records:So please, let these words rest forever in our records:
On behalf of the parliament, the government and the people of Victoria …On behalf of the parliament, the government and the people of Victoria …
For the laws we passed.For the laws we passed.
And the lives we ruined.And the lives we ruined.
And the standards we set.And the standards we set.
… we are so sorry … humbly, deeply, sorry.”… we are so sorry … humbly, deeply, sorry.”