Queensland Doctor David Van Gend was expected to face the Queensland Anti-Discrimination Board today over comments he made in an article in The Courier Mail in June, entitled “Gay marriage – the case for and against“. Nationals Senator Ron Boswell has spoken about the action brought against Dr Van Gend in a speech in the Senate yesterday as a “sad day for free speech in Australia”. Senator Boswell’s full speech to the senate is below.
October 12, 2011
Free Speech – Australian Style
I wish to raise a matter pertaining to the restrictions on free speech we have in Australia. This is an issue that has attracted attention recently in the case of the well known columnist Andrew Bolt.
I wish to draw the attention of the senate to another case, that of Dr David Van Gend, who makes regular public contributions on social conservative issues. Dr Van Gend is the subject of a complaint to the Anti-Discrimination Board of Queensland for comments he made in a public forum on the issue of same sex parents. The Courier Mail sponsored forum aimed to provide a balance of opinion both for and against this issue that is important to many Australians. It was a democratic exchange of ideas and opinions.
On the 29/06/11 The Courier Mail invited Dr Karen Brookes and Dr David Van Gend to submit opinion pieces on gay marriage – the case for and against. Dr Van Gend wrote the case against. This is part of what he wrote:
If you hold to the old-fashioned idea a baby deserves both a mother and a father, the president of the Queensland branch of the Labor Party, Andrew Dettmer, calls your views “abominable”.
The state Labor conference recently voted to destroy the timeless meaning of marriage and redefine it to include a pair of men or a lesbian couple, and Dettmer slurred opponents as being no better than racists: “Discrimination against people on the basis of their gender or their sexual orientation is just as abominable and just as unsupportable as discrimination on the basis of race.”
Yes it is discrimination to prohibit the “marriage” of two men, but it is just and necessary discrimination, because the only alternative is the far worse act of discrimination against children brought artificially into the world by such men, compelled to live their whole lives without a mother. Now that approaches the abominable.
Dr Van Gend’s comments were quoting the Queensland President of the Labor Party when he used the words “approaching the abominable”. I don’t think it can be in any way construed that this is vilification on the grounds of race, religion, sexuality or gender identity.
These comments invoked an anti-discrimination complaint under section 12A of the Queensland Anti-Discrimination Act by a member of the gay dad’s lobby group. The complaint was issue on the 30th of June. The fact that the Labor Party President used the word abominable to describe people that had a different view to him and that Dr Van Gend used the same words “approaching the abominable” to reinforce his arguments should not invoke the Racial Discrimination Act.
Next thing you know, Dr Van Gend has to attend a compulsory mediation which is to take place tomorrow (Thursday). Nothing has been proved against him. A complaint was made and, regardless of substance of right or wrong, the person complained about must turn up and participate in mediation with the complainant. Naturally the doctor feels aggrieved especially as it take him away from a busy medical practice where he does much good work.
I did not think that we lived in an Australia where a disagreement of opinion can result in hauling someone before an anti-discrimination board. This is a country where a two sided debate can exist. This is a country where people are not intimidated from sharing their point of view. Or is it? First Andrew Bolt, now David Van Gend. I know many people do not agree with their views and I know many who do. It seems that tolerance for other views goes out the window if you’re from the left and you don’t like to hear an opposing argument. These are the same people who preach tolerance of everything, yet, in fact they are the least tolerant when it comes to open debate.
Dr Van Gend expressed his view that essentially a child deserves a mother. That compelling a child to live his life without a mother approaches the abominable. Is that really a sentiment expressing by a caring, mature, educated medical doctor that can trigger a compulsory action under anti-discrimination laws?
The case of Dr Van Gend makes a mockery of the anti-discrimination law. It lowers the value of free speech in Australia. If people like Dr Van Gend are forced to appear before the anti-discrimination commission of Queensland then this is a threat to one of Australia’s greatest freedom’s, the right to free speech. This is a major disincentive to people making a contribution to debate across Australia.
Tomorrow will be a sad day for free speech in Australia. How has a country like Australia come to this?
Anti-discrimination bodies should not be used as star chambers by those who simply don’t like what someone else says.



I hope Senator Boswell’s remarks are endorsed by fellow Senators, and given wide publicity. Anti-discrimination action against Dr Van Gend for stating his case in a public forum, in which both “sides” were expected to state their cases, shows how the ridiculous has infected our laws.
This case ought to be “thrown out of court” with a warning indeed a fine imposed on those who brought such frivolous ideological action, action aimed at restricting all those who oppose their empty headed politically correct fallacies.
Our politicians have proven to be far too slow, lacking in conviction and/ or morals, in not stopping such fascist restrictions on our freedom; they’ve failed to defend our proven institutions with laws against the intolerance and foolishness of totalitarianism.
I wholeheartedly agree that we cannot allow the intimidation of people who believe that it is the right of a child to have a mother and a father, preferably their own biological mother and father. What are these people thinking, who would haul Dr Van Gend before a tribunal for expressing his genuinely held view? Senator Boswell is to be commended. It is time to stand up against this threat to free speech. These ‘thought police’ need to be curtailed. More power to Dr Van Gend, and Andrew Bolt. I may not agree with everything they say, but I defend to the utmost their right to say it.
So much for tolerance, when a respected member of society is unable to express an opinion which is shared by many in the community!!
Children do deserve to be reared by a father and a mother. Certainly there are many cases where this unfortunately does not occur, but to actively bring a child into the world and deprive them of this natural benefit is a retrograde step.
Any member of our society should be able to express such an opinion; even more so, a medical doctor with his desire to work for the betterment of society, should be allowed to freely participate in the debate.
It seems that anti-discrimination is largely one-way traffic. Why is it OK to call one person’s views abominable but not another’s? Let’s hope common sense prevails and that this matter is just laid to rest.
We are seeing the persecution of anyone who does not agree with the opinions of the homosexual lobby. This is very much a minority group, but they demand that the rest of us accept them and their particular views. They themselves will not tolerate any criticism whatsoever. Those of us who care about children have every right to be concerned. A great deal of blame must attach to government authorities and others for taking notice of their complaints instead of telling them they are being ridiculous. Free speech and the rights of children must be preserved in this country. Senator Ron Boswell, as usual,is speaking up for what is right.
Discrimination derives from discernment and refers to being able to tell the difference betweene things. Discrimination on the basis of race is generally frowned upon because it is presumed that one’s race is irrelevant to the matter at hand when it is the individual’s own characteristics which are deemed to be relevant, e.g. in suitability for employment. The abomination in this cases is to deem unacceptable those instances of discrimination on the basis of sexual orientation when that is very relevant to the matter in hand. Discrimination in its totality is being outlawed so that it is becoming unacceptable to tell the difference between what is true and what is false. This is the more general form of abomination.
I would add that the current marriage arrangements do not discriminate against people of homosexual orientation. Marriage between one man and one woman makes for a functional society regardless of their sexual orientation. Homeosexuals fare far worse in dysfunctional societies than functional societies.
Anti-discrimination boards are a disgrace and an insult to our
Australian constitution which gives all the freedom any person needs. What these boards do is to give the particular complainant more power than the person complained against, and are a blight upon fair speech and opinion. Anti-discrimination boards circumvent the constitution in favour of extremists.
Dr Van Gend should be applauded and supported by any and every means possible.
With all the hype and discussion over the years on the “rights of the child”, children now have fewer rights than ever. They have become objects of desire and demand for whomever wants one (or more), regardless of circumstances, suitability or concern.
It is well documented that children need both a mother and a father to provide the optimum circumstances for growing into mature and secure adulthood. It is also well documented that the vast majority of children do best in a home with their natural parents.
To deliberately choose to place an infant/child into an all-male or all-female situation when there are balanced options available, is not looking to the best interests of the child, but to the demands of people whose only interest is their own.
It is about time we considered the fact that having a child is not “a right”, but an awe-ful and awesome responsibility.
Whether we like it or not, we ARE accountable for our actions and the way they affect the lives of others.
Congratulations to two brave men, Dr Van Gend and Senator Boswell. Let’s all hope the Discrimination Board recognises the foolishness of the complaint. The publicity could well serve a good purpose in the end as complacent people in the community realise the very real threat to our freedom and are stirred to action.
Bravo to all the previous commenters, and to Senator Boswell, and to Dr Van Gend and all who care enough to speak publicly on behalf of the majority of Australians on matters long held dear to the majority and now being challenged by a belligerent minority who, not content with their protected right to peacefully lead an alternative way of life that most do not agree with while respecting their right to it, want to have it approved as well as protected, and want to involve innocent children in it, and want to villify anyone who doesn’t agree with them and make sure they are NOT accorded the peaceful right to do so that they have been accorded. Whew, leaves one breathless.
Where is this country headed? This is mind control. We are being told how we should think. Christians it is time to pray and rise up out of our complacency. Righteousness exalts a nation but so many are bent on bringing this country down and they don’t even know they are doing it.
We who hold to traditional values have become the discriminated ones. We are in the day when they are calling good, evil and evil, good. It is a concern for the next generation.
it is imperative that open free debate continue on this critical subject of the nature of marriage. To close down one side under so called anti-discrimination law assumes the debate is over with foregone conclusion. This is false , detrimental to free discussion, and avoids important social data and moral perspectives necessary for an informed and healthy society
Once again we see the minority pushing thier veiw and gaining support under the the banner of anti-discrimination. I for one are sick of pandering to a minority belief that marriage is for all. It must be protected as a God given right for the act of marridge to be between a man and woman who live in not only human attachemnt but also in deep spiritual and God ordained attachment. When we oppose the minoriry we are accused of being racist, anti-gay and discrimiatory. What about our rights to uphold a fundemntal christain belief? who is actually being discriminated against? we are, and our right to uphold a christian belief in a so called christain country.
I support the Dr in his right to state an argument in opposition to the opponants, after all our right to free speach is enthroned in our constitution and the also in the nature and culture of our free and fought for counrty.
Free speech is dead in Australia. The minorities have the floor.
This is a frightening situation where the radical left want to take free speech and replace with censorship, anyone who disagreees with their radical agenda can be hauled up to the Anti- Discrimination court for ” Social Engineering”. Where does this stop it can happen in the Workplace, Social Function where you disagree with a Radical Point of View you can be taken to court for Censorship.
What more can I add, except that I agree with all of the above. Australia is going downhill morally and I fear for my grandchildren. Fortunately there is still a moral majority but too silent.
Congratulations to Dr van Gend and Senator Boswell for their sensible and principled comments. It is interesting that, as far as I know, the media has not mentioned anything about the hearing that Dr van Gend was required to attend. Perhaps that media considered the matter to be too trivial. I fully support the remarks made by Dr van Gend and the good Senator.
I suggest launch a campaign to completely abolish all such ‘anti-discrimination’ bodies, including also the VCAT. They all sing the same destructive tune and are beyond simple remedial moderating adjustment.
My initial thought to the reaction to Dr van Gend’s comments was one of astonishment. Then I remembered that these days it is becomming commonplace to scream “discrimination” when someone expresses an opinion which they have every right to express. Where is it all going to end? Congratulations to Dr van Gend and to Senator Boswell for expressing their right to freedom of speech. I shudder for what the future holds for all fair minded people.
I find it ironic that some of a group of people who have enjoyed freedom of speech, which allows them to stand on Mardi Gras floats and loudly proclaim their uncensored views to the world, now seek to silence others in the community who attempt to voice their concerns publicly in a calm, even assertive manner.
Are the same people who slander each other in Parliament on a regular basis, without accountability, really responsible for our laws involving freedom of speech and discrimination? If only laws were formed by only those who are accountable to the highest power 24/7…
On the subject of parenthood, the quest for “synthetically” obtained children seems to highlight the evergrowing theme of our time… It’s all about my needs! How blessed even the oblivious are that Christ didn’t enforce His right to selfishness on Calvary and overrule our “freedom” to oppose the order He established.
Much has been said above, and I agree with it all. I really do fear for our future and for freedom of speech.
And now we have yet another reason why we should never consider same sex marriage legislation.
So far every single person who has written articles with valid reasons for why we should not allow same sex marriage has come under attack.
Maybe if the churches took a stronger and more public stand, individuals with credentials, who should be heard on the topic, would be more supported and not just cast out to fend for themselves and cope whatever abuse and bullying that results.
I totally agree with all of the above comments. God bless Dr Van Gend and Senator Boswell. It is time we put a halt to the noisy minority. Bad things happen when good men do nothing (or something like that!)Let us take every opportunity to stand up for Right. Thank God for the Fred Nile’s of this world and for the ACL
Again, I totally agree with all the above. Especially the failure of our governments to uphold the rights of the silent majority. I remain overjoyed at God’s Graciousness in allowing my 22 grandchildren to have the peace and comfort that only a mother can give and the support and stability of their fathers.
By the way, what was the result of last thursdays stupidity?
I am in ageeance with the deep concerns expressed above. I hope the ACL will
pass on our statements, support and thanks to both men involvedthe doctor and the senator). My two thoughts are, ‘what can be do to address this situation?’ and as is needed in so many areas of Australian society and political arena, may we come before our awesome God in prayer.
It is at times like this I think of the Rev Martin Luther King Jr, who is definitely a hero of the progressives. He wou ntowithstanding his belief in God. Dr King would have been subject to these asinine tribunals and probably the subject of a complaint for unequivovally saying:Family is man, woman, child”
That such a complaint against Dr van Gend was made is one thing, but that it was seriously entertained to the point of hauling the good doctor before the Tribunal demonstrates clearly that nothing is new under the Sun. Two thousand years ago the Roman philosopher Seneca must’ve had a peek into the future which is our present when he said “Whom God wishes to destroy He first makes mad” or perhaps more appropriate is Mr Bumble’s observation that “the law is an ass”. Well the law may be an ass but what then of those who bridle and ride the ass, the politicians who make the laws?