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 A gay activist who refused to fill out his census form last year on the grounds that it failed to recognise same-sex marriage and was discriminatory has been summoned to court and faces possible criminal sanctions.
Stuart Baanstra, an active member of Community Action Against Homophobia (CAAH), was served with a court summons from the Australian Bureau of Statistics (ABS) last week for failing to fill out his census form. He is subject to pay a penalty of $110 for every day his census form is not completed and returned.
Baanstra said he did not fill out the census form because it failed to recognise his homosexuality.
“There is no provision for sexuality within the census,” he said in a statement. “I did not fill out the census, as doing so would imply I am heterosexual.”
Baanstra objected to Question Six in the census form, which asked a person’s marital status. Among the answers, ‘never married’ was the only option for a person who is single. He said that this status was imposed by the federal government and was not of his choosing.
Baanstra called on the Howard government to repeal the marriage ban.
“After banning marriage and civil unions, we say to Howard, ‘We don’t trust you. Further, give us marriage and partnership rights’. I refuse to accept being a second-class citizen.” He is also appealing for legal assistance.
“I took this act against the census and now they are coming to get me. I need legal assistance – but if I don’t get it – I will represent myself like Oscar Wilde did.”
CAAH spokesperson Rachel Evans told Queensland Pride the census was discriminatory and threatened a boycott of the next census.
“They should not judge Stuart for this political act. It is his right to engage in this political act. We will call for a boycott of the 2011 census if the questions are not rectified so that we’re not invisible any more.”
Peter Furness of Australian Marriage for Equality, expressed support for Baanstra’s commitment for change and reform.
“The only way reforms are going to happen in Australia, the only way we’re going to become equal under the law, is if we go out and demand it,” Furness told Queensland Pride. “And part of that is engaging in action in disobedience like the kind that Stuart is engaging. And to that end, he deserves our full support.”
Last year, Furness and his husband, Theo Phillips, held a similar protest against the ABS because the census failed to recognise their Canadian marriage. They objected to the ABS’ plan to reclassify all same-sex marriages as ‘de facto’ relationships.
The ABS told Queensland Pride that 4,955 formal notices were sent to people directing them to fill out their census this year. Of these, approximately 4,000 completed forms were returned. Of those that weren’t, 278 people were later prosecuted. Penalty for failing to fill out the census form range from Good Behaviour Bonds to fines of up $500 plus court costs.
An ABS spokesperson said: “A person cannot simply pay the fine at the time of receiving the notice and not complete the form as the fine relates to an offence and, as the offence is a criminal one, it must be proved in a court of law.”
Baanstra is due to appear in court on Tuesday, November 6.
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