NSW Liberal cabinet minister says ‘sorry’ to men who were punished for being gay

A NSW Liberal cabinet minister has called for the government to apologise to men who were punished for the crime of consensual gay sex.

Infrastructure Minister Rob Stokes told Crikey the state should “of course” apologise. Premier Dominic Perrottet reportedly resisted calls to say sorry. 

The Australian reported earlier in the week that questions about the matter to Perrottet’s office were instead referred to a NSW government spokesperson who did not directly respond. 

The newspaper reported at least 29 men had convictions for historical offences extinguished after laws making that possible were introduced in 2014. Gay sex wasn’t decriminalised in NSW until 1984.

When asked by Crikey if NSW should apologise to the men who had been convicted, Stokes said: “Of course, of course.” But when asked if he would tell the premier to apologise, he demurred: “That’s a matter for him. I can only apologise in my capacity, and I’m very sorry that occurred.

“I think that’s a terrible thing, to face punishment for who you are. That’s a terrible thing, and personally I’m very sorry.” 

Crikey also asked Stokes if he would support a bill being proposed by independent Sydney MP Alex Greenwich to ban gay conversion therapy in NSW. He said he supported the idea in “principle” but wanted to know more about the details so he could figure out how it would work.

“Look, my view is that no one should be forced, or compelled to any practices that challenges their sexuality or gender,” he said. 

“Of course, the devil in these things is always in the detail. I haven’t actually read the bill … It is a contentious area, because it’s the paradox between free speech and protecting community; there’s two potential rights that come into conflict.

“We need to recognise that we have a free society and part of that freedom is protecting diversity of opinion as well. So yeah, we have to find a way to do both.” 

NSW government MPs apologised in Parliament to the marchers at Sydney’s first Sydney Gay and Lesbian Mardi Gras parade in 1978 who were violently arrested. At the time the marchers’ names and addresses were published in The Sydney Morning Herald, a decision the newspaper apologised for in 2016.

Bruce Notley-Smith, the former Liberal MP who delivered the apology to the Mardi Gras protesters, told The Australian the criminalisation of homosexual men had created a lasting trauma for many. 

“People are still living with the trauma of all those years ago and it ruined a lot of people’s lives,” he said. Notley-Smith was the first openly gay member of the NSW lower house and designed the laws extinguishing the historical convictions.

Crikey has asked the premier’s office for comment. In response to questions from The Australian, a NSW government spokesperson said: “The NSW government is committed to supporting our LGBTIQ people and communities across NSW … There is still work to [be] done to address historical injustices and help to bring some form of closure and healing to those affected.”