Appearance on Outsiders

I was fortunate yesterday to be invited onto the Sky News Australia program, Outsiders, to speak with Ross Cameron and Rowan Dean about the important win protecting speech in the High Court.

They also asked me about the politically correct madness that has run rampant in Defence.

A couple of excerpts from this interview are blow:

You can also listen to the full interview here (it starts at about the 51 minute mark of the program).

Neil Foster, an Associate Professor in law, has also covered the importance of the High Court victory on his Law and Religion Australia blog:

Today the High Court of Australia, on appeal from NSW, has affirmed the decision of the NSW Court of Appeal that State and Territory “tribunals” (non-judicial panels usually used in discrimination issues) have no jurisdiction to impose penalties on residents of other Australian jurisdictions under their own local laws.

This victory has stopped the possibility of activists ‘jurisdiction shopping’ for the most totalitarian state-based anti-freedom laws to go after conservative Australians, as noted by Neil Foster:

Under the law of Tasmania it is unlawful to merely “offend” someone on the basis of their sexual orientation, in s 17 of the Anti-Discrimination Act 1998 (Tas). The most general defence provision under that Act, s 55, does not apply to “religious purposes”.

Under this law the Roman Catholic Archbishop Julian Porteous was sued for distributing a leaflet outlining the Roman Catholic view of marriage to pupils in Roman Catholic schools… …While the action did not ultimately proceed, there is nothing in the current Tasmanian law that would prevent such an action being brought again.
Could a comment made in some other part of Australia, be punished under this provision? In the Archbishop Porteous litigation, documents were sent around at one stage by the Tribunal there to Roman Catholic bishops all over the country.

More recently, a similar action under the Tasmanian law was brought against a Presbyterian minister, Campbell Markham, for comments he had published around the time of the “postal survey” on same sex marriage, opposing the change on Biblical grounds. (See “Constitutional challenge to anti-discrimination laws“, The Australian, Aug 28, 2017.) Again, the action seems to now have been withdrawn, but the possibility of such an action hangs over the head, not only of Christians in Tasmania, but until the High Court’s decision today, over all Christians who speak publicly on the issues around Australia.

It is good that this victory has received some attention. Unfortunately, however, most of the media is not interested at all, although The Australian did mention it.

Maybe it just didn’t suit the agenda of New South Wales’ oldest paper, the Sydney Morning Herald. After all, in the past it has given considerable space to one now jurisdictionally-confined activist…

Author: Bernard Gaynor

Bernard Gaynor is a married father of nine children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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  1. I admire your fortitude.

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