Subj : Court of Appeal to hear gay hate speech discrimination case
To   : All
From : News Person
Date : Tue Apr 09 2024 10:18 am

An Auckland man is taking his legal battle against hate speech based on
sexual orientation to one of the country's highest courts today.


Russell Hoban, a theologian and gay man, is seeking a Court of Appeal
"declaration of inconsistency" between the Human Rights Act and the Bill of
Rights.


Lawyers will argue that the exclusion of hate speech protections on the
grounds of sexual orientation in the Human Rights Act, is incompatible with
the right to be free from discrimination under the Bill of Rights.


Under the Human Rights Act, people are protected against hate speech only on
the grounds of colour, race, or ethnic or national origins. Sexual
orientation, along with religion, is excluded from the act.


"This is old legislation here and there needs to be a rethinking," Hoban told
1News.


Five-year battle

Today's hearing is the culmination of a five-year legal battle that started
after Hoban came across comments by former West Auckland pastor, Logan
Robertson.


In a service filmed and published online in 2017, Robertson told his
congregation that his view on `homo marriage' was that it was not mentioned
in the bible.


"So, I'm not against them getting married, as long as a bullet goes through
their head the moment they kiss," he went on to say.


Hoban took the case to the Human Rights Review Tribunal and on appeal to the
High Court. Both were dismissed, with the court, in part, deferring the
matter to parliament.


The previous government made two attempts to amend the laws around hate
speech, including putting it into the Crimes Act, and amending the Human
Rights Act to protect people based on religion.


Both faced objection by the free speech movement and were criticised for not
including protection for the rainbow community.


'The thing that motivates me'
The Law Commission was then asked to look at the reforms, which were then
halted by the current government.


Hoban is still undeterred.


"The thing that motivates me is we have one of the highest suicide rates in
the world," Hoban said.


"When young and vulnerable LGBTQI+ people hear those words, and are not
defended by the secular or religious world, how does that affect them?"


Hoban, now working on his doctorate in theology at the University of
Auckland, says his actions are motivated by his faith.


"A lot of religious text has been hijacked by hateful rhetoric," he said.


"Hate speech may give licence to other people to act, and that to me is very
real threat."

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