5 March 2026 – Equality Australia has welcomed a Queensland Appeal Tribunal ruling that found an earlier court judgment dismissing a vilification complaint against Lyle Shelton was affected by significant legal and factual errors.
Drag performers Johnny Valkyrie and Dwayne Hill, who perform under the names Queeny and Diamond, brought the complaint against the National Director of Family First over a series of blog posts in 2020.
The posts by Shelton followed a Drag Queen Story Time event organised by Rainbow Families Queensland, at which the performers read the children’s book ‘Love Makes a Family’ and supervised a craft activity where the children drew pictures and made paper dolls of their family.
In the posts, Shelton stated that Mr Hill and Mr Valkyrie were “dangerous role models for children” and likened them to “creeps like Harvey Weinstein, Jeffrey Epstein and Prince Andrew”.
On Tuesday, the Queensland Civil and Administrative Appeal Tribunal found an earlier Tribunal decision in 2023 - which ruled the complaint against Shelton did not amount to unlawful vilification - was fundamentally flawed and wrongly decided on seven grounds.
In particular, the Tribunal rejected the findings 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 recognised that “drag is a vital and central aspect of queer culture” and affirmed that it is a “predominantly queer art form.”
Ren Shike, President of the LGBTI Legal Service:
"The LGBTI Legal Service welcomes the decision to grant leave to appeal this case. 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.
“However, this is still a significant win for our community. 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."
Equality Australia Legal Director Heather Corkhill:
“We welcome this ruling as a victory for reason, fairness and the correct application of vilification law. The original decision represented a concerning departure from well-established legal precedent, and the Appeal Tribunal has made it clear that the original decision cannot stand.
“The Appeal Tribunal has roundly rejected the idea that homophobia and transphobia live in the past – this recognition is important when we know reality that LGBTIQ+ people continue to experience coordinated campaigns online that cause terrible harm.”
“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.
“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 Tribunal granted leave to appeal in Hill & Valkyrie v Shelton (No 2) [2026] QCATA 46 and the matter has been adjourned for further submissions.
Contact: Tara Ravens, 0408 898 154, tara.ravens@equalityaustralia.org.au
