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Russell Thomas Hoban is bringing a case before the Human Rights Review Tribunal after failing to find legal backing in the Human Rights Act in response to inciteful, homophobic comments against the gay community. Genevieve Taylor, on behalf of the Crown, argued; “Legislation that protects one particular group […] can t be discriminatory against every other ground.” Omissions could be discriminatory, such as the failure to acknowledge same-sex relationships in the Marriage Act, denying them the right to legally marry. But in this case the reason for the differential treatment was not due to sexual orientation or religious relief; in other words, it was not because of their sexual orientation that gay people were left off the list of protected people in the Act.