Gay comments battle

THE man behind a gay discrimination complaint — which has morphed into a constitutional challenge with the potential to change Tasmanian law — is selling badges to fund his legal bills.

Samuel Mazur has taken Hobart’s Cornerstone Presbyterian Church’s David Gee and pastor Campbell Markham to the Anti-Discrimination Commission for comments they made about gay people.

But the preachers struck back, challenging the case in Tasmania’s Supreme Court.

Not only do they want the commission’s acceptance of Mr Mazur’s complaint quashed, they are seeking key parts of Tasmania’s Anti-Discrimination Act to be declared invalid.

Mr Markham was referred to the commission over his online blog which referred to the gay lifestyle as “distressingly dangerous” and having “appalling health risks”.

Mr Gee was cited for his blog which claims the sanctioning of gay marriage overseas has seen “polygamy, paedophilia, incest and even bestiality ... put forward as perfectly normal alternative forms of marriage”.

Last month Mr Gee, who preaches in Hobart’s Elizabeth Mall, and church elders including Mr Markham, launched a constitutional challenge against Anti-Discrimination Commissioner Sarah Bolt and Mr Mazur.

They want the Supreme Court to declare invalid parts of the Anti-Discrimination Act which ban offending or humiliating people on the basis of characteristics such as their sexuality.

They say the Act “impermissibly burdens” free speech and impinges on religious freedoms guaranteed under Aus- tralia’s Constitution. The application also argues Ms Bolt erred in accepting Mr Mazur’s complaint when he is not gay.

But Mr Mazur said you shouldn’t have to be gay to challenge “offensive” comments about homosexuality.

“I’m also speaking out on behalf of people who don’t know they can speak out, don’t feel they’re strong enough to or don’t feel as if they’ll be able to fight back against the vast resources available to some of these groups,” he said.

“I am concerned that there are people who would be hop- ing to see … the Anti-Discrimination Act undermined.”

He said he did not have the resources of a church and was selling gay pride badges to raise $500 for his lawyer’s retainer. Cornerstone Presbyterian Church has already raised $10,000 for the legal battle.

The church’s website said it had “some very skilled and generous lawyers donating an enormous amount of time and expertise” to the case.

Acting Attorney-General Matthew Groom said the Government was yet to decide if it would intervene in the case.