A roadside sign at Rocherlea protesting same-sex marriage has attracted “a number” of complaints, according to Tasmania Police.
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The sign, written by Geoff Chilcott, attacks the notion of same-sex marriage by graphically condemning homosexuals.
Mr Chilcott has also spray-painted ‘no’ on two rocks by the side of the road.
Police advised Mr Chilcott to remove or censor the sign, however despite painting over three of the letters, the message is still clearly visible.
Mr Chilcott said it was his right to air his opinions about same-sex marriage.
“Let them do what they want to do, but don’t take our word marriage,” he said.
On Tuesday, Mr Chilcott said he would remove the sign due to bullying his family had received.
This week a group linked to neo-Nazis placed discriminatory signs against same-sex marriage around University of Tasmania’s Hobart campus.
New laws passed in the wake of the marriage law survey have the potential to land Mr Chilcott, and the sign-placing neo-Nazis, in hot water.
Emergency laws were passed through the Federal Parliament on September 14 to extend current discrimination laws until the conclusion of the same-sex marriage survey in November.
The law states that it is unlawful to “vilify, intimidate or threaten to cause harm to another person,” because of a personal view expressed in relation to the marriage law survey or because of someone’s religious conviction, sexual orientation, gender identity or intersex status.
Civil penalties of up to $12,600 apply for breaching the emergency legislation, with legal action a possibility after a review from Attorney-General George Brandis.
The Law Society of Tasmania president Rohan Foon said it was unclear if the Rocherlea sign falls under the new legislation.
“We’ve all got implied rights of freedom of communication, and so what [parliament] has done is attempted to place some safeguards on that type of speech to prevent people of using the marriage survey as a basis to express hate,” he said.
“The question is whether [the sign] vilifies, threatens or intimates harm on the grounds of someones sexual orientation,” he said.
“I can't express a legal opinion on whether or not it does.
“What I can say is as a community with differing views on the question, we should all be able to have a debate without resorting to those types of statements, irrespective of whether it breaches legislation or not.”
However, Tasmanians United for Marriage Equality spokesperson, and former Tasmanian anti-discrimination commissioner, Robin Banks said the sign was in breach of a number of state discrimination laws.
“There are many number of laws that may come into play here.” she said.
“[The sign is] similar in its contempt for public decency as some of the signs that we have seen on Wicked Campervans in the past.
“Our state government has condemned that kind of obscene and offense commentary in public, and have legislated against those signs on vehicles.
“I think this is aligned with that and should be dealt with on that basis.
“Ultimately, it’s not a question of free speech, it’s a question of what type of government our society seeks to establish and to what extent do we understand that speech when it’s unfettered causes pretty serious harm to people.
“We need to be saying this is not OK, and it is not a respectful debate when it turns to signs like this.”
Anti-discrimination commissioner Sarah Bolt said she would welcome complaints about the sign.
“The Anti-Discrimination Act prohibits conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of sexual orientation,” she said.
“People who have been offended, insulted, or intimidated by this sign are able to complain to my office and I would encourage them to do so.”
FOR LEGAL REASONS THE EXAMINER HAS CHOSEN NOT TO DEPICT THE CONTENTS OF THE SIGN.