LGBT rights in Australia
Lesbian, gay, bisexual, and transgender (LGBT) rights in Australia rank among the highest in the world; having significantly advanced over the latter half of the 20th century and early 21st century. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBT activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.
LGBT rights in Australia | |
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Location of Australia | |
Status | Always legal for women; legal for men in all states and territories since 1997. Equal age of consent in all states and territories since 2016 |
Gender identity | Change of sex recognised in all jurisdictions (NSW requires sexual reassignment surgery since 1996) |
Military | LGBT personnel allowed to serve openly |
Discrimination protections | Federal protections for sexual orientation, gender identity and intersex status since 2013; LGBT protections in all state and territory laws |
Family rights | |
Recognition of relationships | Same-sex marriage since 2017 |
Adoption | Equal adoption rights for same-sex couples in all states and territories since 2018 |
Australia is a federation, with most laws affecting LGBT and intersex rights made by its states and territories. Between 1975 and 1997, the states and territories progressively repealed anti-homosexuality laws that dated back to the colonial era. Since 2016, each jurisdiction has an equal age of consent for all sexual acts. All jurisdictions offer expungement schemes to clear the criminal records of people charged or convicted for consensual sexual acts that are no longer illegal. All jurisdictions of Australia have legally abolished the gay panic defence, based within common law, since 1 April 2021. Since March 2024, conversion therapy is legally banned in jurisdictions representing approximately 75% of the Australian population: Queensland, New South Wales, the Australian Capital Territory and Victoria.
Australia legalised same-sex marriage on 9 December 2017. States and territories began granting domestic partnership benefits and relationship recognition to same-sex couples from 2003 onwards, with federal law recognising same-sex couples since 2009 as de facto relationships. Alongside marriage, same-sex relationships may be recognised by states or territories in various ways, including through civil unions, domestic partnerships, registered relationships and/or as unregistered de facto relationships.
Joint and stepchild same-sex adoption is legal nationwide, with the Northern Territory the last jurisdiction to pass an adoption equality law in March 2018. Discrimination on the basis of sexual orientation and gender identity or expression is prohibited in every state and territory, with concurrent federal protections for sexual orientation, gender identity and intersex status since 1 August 2013. Transgender rights in Australia and intersex rights in Australia vary between jurisdictions, from the Australian Capital Territory banning intersex surgery on children in 2023 to with NSW since 1996 – being the only jurisdiction within Australia that still legally requires an individual to undergo "sex reassignment surgery" before changing sex on an official birth certificate. Non-binary Australians can legally register a "non-specific" sex on federal legal documents and in the records of some states and territories.