A man who distributed anti-gay flyers to Hobart homes describing homosexuality as "utterly abominable" will be made to publicly apologise.
James William Durston distributed thousands of pamphlets around Sandy Bay five years ago as part of a group the 'ThreeWiseMonkeys'.
The flyers titled 'Homosexuality Stats' said gay people were likely to die prematurely and that "scripture rejects homosexuality as utterly abominable".
Durston was in 2015 found to have breached Tasmania's anti-discrimination act and ordered to make a public apology.
He launched an appeal against the order, arguing the decision was unconstitutional and the flyers were exercising his freedom of religion.
On Thursday, that appeal was rejected in the Hobart Supreme Court by Justice Michael Brett, who said the flyers were inflammatory and not part of respectful debate.
"The freedom of political communication, and the capacity of members of the community to express themselves freely, is not absolute," he wrote in his decision.
"It clearly constitutes a direct and intentional public attack on members of a group."
The pamphlets were originally investigated by the anti-discrimination tribunal after a complaint by Hobart man Robert Williams, who is gay.
"This decision reinforces my pride in being Tasmanian," Mr Williams said in a statement.
"The protection offered by our laws and our courts promotes inclusion, mature political debate, and respect between all citizens regardless of who we are."
Tasmanian Gay and Lesbian Rights Group spokesman Rodney Croome hailed the ruling, saying freedom of religion and speech are not unfettered rights.
The original anti-discrimination finding, now upheld, ordered Durston to make a public apology, redact his comments in The Mercury newspaper and never repeat the conduct.
Australian Associated Press