In addition, with relation to the case of R v Toonen I will consider how laws affecting same-sex marriage and homosexual relations have led to a general sense of homosexual persons being second class citizens (Geraldine, A, & Wagner, R 2015, 42). It will be interesting to note how the case of R v Toonen promoted discourses of privacy and tolerance in its attempt to disrupt anti-gay laws and how these notions ultimately fail to legitimate same-sex desire (Morgan 2001, …show more content…
In the case of R v Toonen, it is argued that the laws against homosexual relations, unfairly discriminated and disrupted an individuals right to privacy. The anti-gay laws, that existed in Tasmania prior to their decriminalisation in 1994, equated homosexual relations with other prohibited practices, such as polygamy, pedogamy, incest, and zoophilia (Geraldine, A, & Wagner, R 2015, 1). The continued lack of legislation in favour of same-sex marriage, acts as a continuation of these unjustifiable discriminations. The states exclusion of same-sex attracted people from the norm of heterosexual marriage, and the consequential impression of same-sex desire as illegitimate, sends the message that discrimination against same-sex attracted couples is okay, because the law itself deems it