Gay man’s equality fight

TUESDAY, MARCH 19, 2019 themercury.com.au SUBSCRIPTIONS 1300 696 397 A TASMANIAN gay man is raising funds to challenge the State Government in the Supreme Court over discrimination he says he experienced after his partner died in 2015.

Ben Jago’s partner of five years, Nathan Lunson, died in January 2015.

Mr Jago was informed by Tasmania Police and the Magistrates Court’s coronial div- ision that he would not be deemed Mr Lunson’s next of kin.

The Anti-Discrimination Commissioner found Mr Jago had an “arguable” case of discrimination against the police and the Magistrates Court and in October 2016, Coroner Olivia McTaggart found that Mr Jago and Mr Lunson were in fact in a “significant relationship” under the law.

The State Government has argued the case should be dis- missed because the coroner is exempt from anti-discrimination law.

“All I want is to be allowed to make my case that I suffered discrimination, and to do my best to make sure this doesn’t happen to anyone else,” Mr Jago said yesterday.

His legal team yesterday filed written submissions in the Supreme Court and the matter is expected to be heard on April 1.

If Mr Jago’s appeal is suc- cessful, it will mean his case will return to the Anti-Discrimination Tribunal.

Mr Jago, whose pro bono legal team is led by Victorian barrister Ron Merkel, QC, is trying to raise $20,000 to cover costs should he lose the case.

He said if he won, he would donate the money to LGBTI advocacy and support organisations.

Mr Jago was a face of the marriage equality campaign in the lead-up to the postal vote on the issue because he said the discrimination he faced would have been less likely to occur if he had been able to marry Nathan.

“It’s great we have marriage equality, but there is still discrimination against same-sex couples that must be challenged,” Mr Jago said.

The 2015 ruling meant Mr Jago was refused the opportunity to see Mr Lunson’s body.

He was also initially told he could not attend Mr Lunson’s funeral but after negotiations between his and Mr Lunson’s families, Mr Jago was permitted to sit at the back with Mr Lunson’s friends.

Mr Jago was engaged to Mr Lunson and they were planning to marry in New Zealand.

A State Government spokeswoman yesterday said it was not appropriate to comment as the proceedings were ongoing. Mr Jago has set up a GoFundMe page to raise the funds.