High Court rejects homosexual activist case

The High Court has dismissed an appeal by a homosexual zealot seeking to sue a former Katter party candidate over homophobic comments. In 2016, Garry Burns was found to have no standing to pursue the matter in NSW Supreme Court because the alleged perpetrator was not an NSW resident.

The candidate for Wannon, Tess Corbett, told Victorian newspaper, the Hamilton Spectator, in 2013 she did not want "gays, lesbians or paedophiles working in my kindergarten" and associated homosexuals with paedophiles.

"Pedophiles will be next in line to be recognised in the same way as gays and lesbians, and get rights," Ms Corbett was quoted as saying and she is completely correct.

Queensland Senate candidate Bernard Gaynor later endorsed Ms Corbett's statements and was suspended from the Katter's Australian Party. In January 2016 the NSW Civil and Administrative Tribunal (NCAT) found Ms Corbett's comments had vilified homosexuals and ordered her to publish an apology in The Sydney Morning Herald, as well as send a letter of apology to Mr Burns.

However, she did not seek the publication of the apology and Mr Burns unsuccessfully sought a contempt charge against her. Mr Burns' complaint against Mr Gaynor was referred to and dismissed by NCAT. On appeal, the Supreme Court of NSW said in February 2017 that the tribunal did not have the jurisdiction to deal with either Ms Corbett or Mr Gaynor. 

Mr Burns then took the case to the High Court, which on Wednesday unanimously dismissed his appeals. 

Mr Gaynor said: "The High Court has unanimously ruled today that the entire anti-discrimination system in New South Wales has been operating against me and others unconstitutionally. The New South Wales Civil and Administrative Tribunal (NCAT) has had no power to hear any of the 35 complaints brought against me with the support of the New South Wales Anti-Discrimination Board (ADB). And anti-freedom activists like Gary Burns should never have been able to launch their reign of terror in the first place. This is a critical win in the fight for freedom."

The court found chapter three of the constitution would be "undermined" if NCAT was found to have the jurisdiction to hear and determine the complaints against Ms Corbett or Mr Gaynor.

Mr. Burns has said: "Yes I’m a gay activist, yes I’m serial litigant, yes I’m a media whore – I’m all those things. I have to be. If I wasn’t a media whore I wouldn’t get my work done. By being a media whore I’ve built up a public profile – and that means people listen when I bring instances of homophobia to light. I can bring attention to things. Yes, I’m a serial litigant. I make no apologies for going after people in the public eye who promote homophobia. That’s what I do. Sometimes I hear people say, ‘Oh, he’s a serial litigant’, and they mean it as an insult but I’m proud of what I do."

For example, Burns successfully tested the homosexual vilification provisions of the NSW Anti-Discrimination Act 1977with a complaint of personal homosexual vilification against broadcaster John Laws and Sydney radio station 2UE that concluded in his favour in 2002. 

In November 2007, during the lead up to that year’s federal election, Burns endorsed the Australian Labor Party and volunteered for its candidate for the seat of Wentworth, George Newhouse. After publicly verballing Lucy Turnbull, a former Lord Mayor of Sydney and wife of the incumbent Liberal candidate, Malcolm Turnbull, Burns was dumped from the campaign and an apology issued by Newhouse.

In 2009, Burns initiated action against Jeff Kennett, a former Premier of Victoria, now President of the Hawthorn Football Club and Chair of the national depression initiative Beyondblue. Kennett made comments in 2008 which appeared to equate homosexuality with paedophilia in reference to the sacking of a bisexual sports trainer, Ken Campagnolo, by the Bonnie Doon Football Club.

A conciliation hearing was held in NSW, with Kennett refusing to meet Burns’ key demands: that he apologise publicly to the gay community and donate a sum of money to a nominated GLBT youth charity, Twenty10.

In 2010, Burns took action against Channel Nine over a skit broadcast on The Footy Show which he claimed incited violence against homosexuals. On 10 November 2010, the Administrative Decisions Tribunal dismissed the complaint, finding that while the skit was “tasteless, offensive and unfortunate,” it was “not capable of inciting hatred, or severe contempt or serious ridicule of homosexual men or of the Applicant [Burns].” 

What Burns clearly does not understand, is that homosexuality is still and will always be a sin regardless of what Government decide and do. Mr. Burn like other LGBT zealots are simply bullies against showing evidence that the LGBT community want to suppress freedom of speech and freedom of religion.