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Public Opinion

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History

Homosexual activity in South Australia

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Homosexual activity in South Australia is legal.

Current status
Since Oct 2, 1975
Legal
In 1975, South Australia became the first state or territory in Australia to legalize homosexuality.
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Jan 2, 1936–Oct 1, 1975
Male illegal, female legal
The Criminal Law Consolidation Act of 1935 took effect in South Australia in 1936 and criminalised buggery with up to 10 years in prison.
Oct 27, 1876–Jan 1, 1936
Illegal (up to life in prison as punishment)
The Criminal Law Act of 1876 in South Australia punished buggery with up to life in prison.
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Jan 26, 1788–Oct 26, 1876
Illegal (death penalty as punishment)
Until 1876, homosexuality was punished by death in South Australia as the first settlement and others would have Britain’s Buggery Act apply to them. However, there were no known executions.
Until Jan 25, 1788
Legal under federal Australia law
Before British colonisation in 1788, there was no evidence that any societies in precolonial Australia had any laws or orders criminalising homosexuality.
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Same-sex marriage in South Australia

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Same-sex marriage in South Australia is legal.

Current status
Since Dec 9, 2017
Legal under federal Australia law
Same-sex marriage has been legal in Australia since 9 December 2017. The legislation to allow same-sex marriage, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day.
Jun 1, 2007–Dec 8, 2017
Civil unions (limited rights)
South Australia's Statutes Amendment (Domestic Partners) Act Proclamation of 2007 permitted civil unions between same-sex people with limited rights.
Jul 30, 2004–May 31, 2007
Banned
In 2004, same-sex marriage was banned in South Australia under Australian federal law which defined a marriage as between a man and a woman.
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Until Jul 29, 2004
Unrecognized
There were several attempts at passing greater legal recognition for same-sex couples but before 2007 there was no recognition of domestic partnerships or similar obtained abroad.

Until 2004, there was also no ban on same-sex marriage in South Australia.

Censorship of LGBT issues in South Australia

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Censorship of LGBT issues in South Australia is no censorship.

Current status
No censorship
In South Australia, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in South Australia

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Right to change legal gender in South Australia is legal, but requires medical diagnosis.

Current status
Since May 23, 2017
Legal, but requires medical diagnosis
Proof of surgery is no longer required. Instead, individuals are asked to provide a statement from a medical professional or a psychologist certifying that they underwent the appropriate treatment to change their legal gender.
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Nov 15, 1988–May 23, 2017
Legal, but requires surgery
In 1988, the Sexual Reassignment Act passed in South Australia which provided for legal gender recognition after surgery.
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Until Nov 15, 1988
Illegal
Until 1988, there was no legal gender recognition provided in South Australia.
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Gender-affirming care in South Australia

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Gender-affirming care in South Australia is legal.

Current status
Since 1991
Legal
Australian youth outside of Queensland can begin accessing puberty blockers at the age of 10, full HRT is not typically prescribed until 16 and GCS is often not done until 18. However, nobody can access irreversible treatment until 15.

For Oestrogen or Testosterone two independent child and adolescent psychiatrists must do a standardised assessment of psychological development as well as a formal assessment of the child’s gender identification and capacity to understand the proposed treatment. A paediatric endocrinologist establishes the child’s pubertal stage, excludes disorders and discusses with the child and parents the effects and risks of puberty suppression.

For Puberty blockers a young person requires a multidisciplinary team consisting of a paediatrician, two mental health professionals (one must be a psychiatrist), and a fertility expert, to agree treatment is in the child’s best interests. It is then necessary to make an application to the Family Court for authorisation of treatment.
Restricted under federal Australia law
In 1979, Australia legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Until 1977
Banned under federal Australia law
Until 1977, medical transition was not possible in Australia.
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Legal recognition of non-binary gender in South Australia

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Legal recognition of non-binary gender in South Australia is recognized.

Current status
Since May 23, 2017
Recognized
Individuals can request an X gender marker on their documents.
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Sep 15, 2011–May 22, 2017
Intersex only
In 2011, intersex people achieved legal recognition in South Australia under federal Australian law. However, nonbinary people remained unrecognised until 2017.
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Until Sep 14, 2011
Not legally recognized
Until 2011, there was no legal recognition provided for intersex or nonbinary people in South Australia.
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LGBT discrimination in South Australia

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LGBT discrimination in South Australia is illegal.

Current status
Since Aug 1, 1990
Illegal
In 1990, amendments to South Australia's Equal Opportunity Act came into effect, adding sexuality, which included "transsexuality", as a protected characteristic from discrimination in all areas.

Trans people would later be redefined under chosen gender in 2009 and gender identity in 2016.
Until Jul 31, 1990
No protections
Until 1990, there were no protections from discrimination provided to LGBTIQ+ people in South Australia.
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LGBT employment discrimination in South Australia

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LGBT employment discrimination in South Australia is sexual orientation and gender identity.

Current status
Since Aug 1, 1990
Sexual orientation and gender identity
In 1990, amendments to South Australia's Equal Opportunity Act came into effect, adding sexuality, which included "transsexuality", as a protected characteristic from employment discrimination.

Trans people would later be redefined under chosen gender in 2009 and gender identity in 2016.
Until Jul 31, 1990
No protections
Until 1990, there were no protections from discrimination in employment provided to LGBTIQ+ people in South Australia.
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LGBT housing discrimination in South Australia

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LGBT housing discrimination in South Australia is sexual orientation and gender identity.

Current status
Since Aug 1, 1990
Sexual orientation and gender identity
In 1990, amendments to South Australia's Equal Opportunity Act came into effect, adding sexuality, which included "transsexuality", as a protected characteristic from housing discrimination.

Trans people would later be redefined under chosen gender in 2009 and gender identity in 2016.
Until Jul 31, 1990
No protections
Until 1990, there were no protections from discrimination in housing provided to LGBTIQ+ people in South Australia.
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Same-sex adoption in South Australia

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Same-sex adoption in South Australia is legal.

Current status
Since Feb 16, 2017
Legal
In 2017, South Australia's legislation to allow same-sex couples to adopt came into effect.
Until Feb 15, 2017
Single only
Until 2017, same-sex couples could not adopt jointly in South Australia. However, LGBTIQ+ singles could.
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Intersex infant surgery in South Australia

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Intersex infant surgery in South Australia is not banned.

Current status
Not banned
No territory or state besides the Australian Capital Territory has banned intersex infant surgery.
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Serving openly in military in South Australia

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Serving openly in military in South Australia is legal.

Current status
Since Sep 13, 2010
Legal under federal Australia law
In 2010, Australia lifted its ban on transgender people serving in the military.
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Nov 24, 1992–Sep 12, 2010
Lesbians, gays, bisexuals permitted, transgender people banned under federal Australia law
Since 1992, lesbian, gay and bisexual people are allowed to join the military but transgender people were still prohibited until 2010.
1974–Nov 23, 1992
Illegal under federal Australia law
In 1974, the ban on homosexuality in the military became official in Australia when the services of the ADF adopted consistent rules persecuting gay and lesbian soldiers, whether real or suspected, having them subjected to witch-hunts, surveillance, secret searches and intimidating interviews.
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Until 1974
Don't Ask, Don't Tell under federal Australia law
Until 1974, Australia's military policy for LGBTIQ+ soldiers mostly operated under a "don't ask, don't tell" policy as there were bans against "unnatural offences" which at times was interpreted to include homosexuality but in practice, LGBTIQ+ soldiers served with commanders turning a blind eye if they were discreet about their identity. In fact, during the Second World War, Americans complained about Australian troops' homosexual behaviour in Papua New Guinea, urging them to adopt a ban on it in the military.
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Blood donations by MSMs in South Australia

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Blood donations by MSMs in South Australia is banned (less than 6-month deferral).

Current status
Since Jun 3, 2023
Banned (less than 6-month deferral) under federal Australia law
In Australia sexually active LGBT people are unable to donate blood unless they abstain from sex for three months. Since 2021, the deferral period within Australia was reduced from 1 year to 3 months without PrEP.

In June 2023, the Therapeutic Goods Administration (TGA) approved a submission from Australian Red Cross Lifeblood calling to remove most sexual activity ineligibility criteria for plasma donors.
Jan 31, 2021–Jun 2, 2023
Banned (less than 6-month deferral) under federal Australia law
In 2021, Australia reduced the deferral period for men who have sex with men donating blood to 3-months.
2000–Jan 31, 2021
Banned (1-year deferral) under federal Australia law
In 2000, Australia reduced the deferral period for blood donations from MSMs from 5 years to 1 year.
Nov 16, 19842000
Banned (5-year deferral) under federal Australia law
In 1984, Australia introduced a 5-year ban on blood donations from MSMs in response to three babies dying in Queensland after a donation from a gay man with HIV.
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Until Nov 15, 1984
Legal under federal Australia law
Until 1984, there were no restrictions on blood donations from men who have sex with men in Australia.
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Conversion therapy in South Australia

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Conversion therapy in South Australia is banned.

Current status
Since Apr 1, 2025
Banned
On April 1, 2025, a law passed in South Australia banning the practice and promotion of conversion therapy took effect.
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Until Apr 1, 2025
Not banned
Until 2025, laws in force in South Australia do not regulate or restrict sexual orientation, gender identity or gender expression change efforts.
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Equal age of consent in South Australia

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Equal age of consent in South Australia is equal.

Current status
Since Oct 2, 1975
Equal
Homosexuality was decriminalised in South Australia in 1975 with an equal age of consent.
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Jan 26, 1788–Oct 1, 1975
Female equal, male N/A
Until 1975, male homosexuality was illegal in South Australia.
Until Jan 25, 1788
Equal under federal Australia law
Before British colonisation in 1788, there was no evidence that any societies in precolonial Australia had any laws or orders criminalising homosexuality nor of an unequal age of consent.
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