Drag Storytime Performers Have Won Their Vilification Ruling Appeal Against Lyle Shelton

Two Brisbane drag performers have won an appeal against Family First National Director Lyle Shelton after a previous ruling dismissing a vilification complaint against him was overturned.

Johnny Valkyrie and Dwayne Hill, who perform under the names Queeny and Diamond, tried to sue Shelton for discrimination after he published a series of blog posts stating the pair were “dangerous role models for children”, and likened them to prominent sex offenders such as Harvey Weinstein and Jeffrey Epstein.

The posts were sparked after a Drag Queen Story Time event organised by Rainbow Families Queensland in early 2020, where Hill and Valkyrie read the children’s book ‘Love Makes a Family’, sang ‘Twinkle Twinkle Little Star’, and supervised a craft activity where the children drew pictures and made paper dolls of their family.

Proceedings were initially dismissed in 2023 when the Tribunal ruled the complaint against Shelton did not amount to unlawful vilification, but Valkyrie and Hill made a last-minute decision to appeal the ruling.

On Tuesday, the Queensland Civil and Administrative Appeal Tribunal found the earlier decision was fundamentally flawed and affected by significant legal and factual errors.

These included the idea that transphobic and homophobic attitudes “only live in the past” and that a “substantial proportion” of drag queens are neither transgender nor homosexual.

The Tribunal also recognised that “drag is a vital and central aspect of queer culture” and affirmed that it is a “predominantly queer art form.”

Six-year-long David and Goliath battle continues

Valkyrie told Star Observer in 2024 that they decided to challenge the ruling because they felt it was “out of touch” with experiences of queer Australians.

“We refuse to set the precedent that our experiences are somehow invalid because of the wonderful progress society has made towards acceptance, inclusion and celebration – this progress and our experiences as a community are not to be undermined.”

President of the LGBTI Legal Service, Ren Shike, said they welcomed the decision, and acknowledged it as an important win for the queer community.

“Unfortunately, the matter is not over yet, with the parties due to make submissions over the coming months so that a new decision can be made.

“We thank our clients for their bravery and tenacity over the past six years, as they continue to fight to ensure that LGBTQ+ people are protected from unlawful vilification.”

Shelton is represented by the Human Rights Law Alliance, which focuses exclusively on “freedom of speech” cases. His legal fees are paid for by his donors, which Shelton has previously claimed has amounted to more than $400,000.

“The idea that comparing two trained performers to notorious sex offenders does not have the capacity to incite hatred, serious contempt or severe ridicule against them undermines the very purpose of our vilification laws,” said Equality Australia Legal Director Heather Corkhill.

“These were professional drag artists, hired by a family organisation to entertain children who were brought to the event by their parents or carers. They did nothing to invite this ongoing harassment – they simply wanted to make kids smile.”

The matter has been adjourned for further submissions to be made in the coming months.