Far-right campaigner Bernard Gaynor has lost his bid to overturn his dismissal from the Australian defence force.
Gaynor won a case against the ADF in 2015, claiming that sacking him in 2013 for publicly criticising policies aimed at reducing discrimination towards women and homosexuals had breached his right to free speech.
During a complex hearing at the high court in Brisbane on Friday, justices Anthony Keane and James Edelman were told the appeal against the chief of defence force’s decision hinged, in part, on military regulations about the suitability of officers to serve.
Those included following orders and official ADF policy, which prohibits its members from making political statements.
Gaynor had argued he was not in uniform, on base or assignment when he made the comments and as a reservist had a different status to a regular officer.
The high court justices, however, said that sufficient grounds to establish special leave to appeal the federal court ruling had not been made out and dismissed the appeal.
Gaynor had been sacked after saying he did not want gay people teaching his children, and engaged in a public stoush with high-profile transgender army officer Cate McGregor.
“The supposedly apolitical ADF is now marching to the beat of a very political tune, drummed up by those who demand gay marriage and take pleasure in ridiculing Christianity,” Gaynor said in a statement in 2015.
Gaynor was also dumped as a Queensland Senate candidate for Katter’s Australia party over his comments, and was recently affiliated with the anti-Islam Australian Liberty Alliance party.