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this post was submitted on 09 Apr 2024
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Australian judges are very much not like American ones. With few exceptions, they don't decide what they think is morally right and then devise a legal justification for that, they read the law as passed by Parliament and they figure out what the most accurate way to apply it is.
They may or may not have realised the point of the artwork, but if Australian discrimination laws are written to make this illegal, their hands are tied. Blame Parliament.
This is what I took from the article. The point of the exhibit isn't really relevant since it doesn't fall into an existing carve out of permitted discrimination.