The judge ruled the anti-gay comments were made in a personal capacity and ordered the defence force to overturn Bernard Gaynor’s sacking

The Australian defence force is fighting a federal court ruling to overturn the sacking of a reservist who made anti-gay comments on social media.

Bernard Gaynor, a “conservative family values” blogger and campaigner, had his commission terminated in July last year after writing on his website that uniformed soldiers in the annual Mardi Gras gay pride parade would be “sharing the road with pimps, prostitutes and purveyors of moral decadence”.



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Gaynor has also issued press releases criticising transgender soldiers as “gender-benders” and “confused men”, and tweeted he would not want his child to be taught by a teacher attracted to people of the same sex.

He was sacked after ignoring warnings by army chiefs to cease posting material that “brought army into disrepute at a time when the ADF is progressing a number of major policy reforms in the area of equity and diversity”.

The army has launched an appeal against a federal court judge’s order that the sacking be set aside on the basis that Gaynor’s comments were made in a personal capacity and protected by the freedom of political communication.



At the federal court on Tuesday, Justice Jacqueline Gleeson ordered Gaynor be officially rehired but that he not be granted full service rights until the case returns to court in January.