Australia's nine attorneys-general have been asked if they want to intervene in far-right extremist Neil Erikson's appeal against his conviction for hurling homophobic abuse in a church.
Erikson marched into the queer-friendly Metropolitan Community Church in Hawthorn in May 2019, asking the congregation if they "married Sodomites" and said "you're not Christians you're a bunch of f*****s".
He was found guilty of disturbing a religious service, with magistrate Angela Bolger describing his conduct as shameful and appalling.
In July 2021 he was sentenced to 10 weeks' jail, but has launched an appeal against his conviction and sentence.
Erikson intends to rely on the constitution as part of his appeal.
Victoria's County Court on Monday heard that Australia's nine attorneys-general have been served constitutional notices as part of the appeal.
The substance of Erikson's argument is not yet known, however the attorneys-general have been asked whether they want to intervene, as is required under the Judiciary Act.
The Office of Public Prosecutions' barrister Willem Drent told the court the AGs were notified on May 12 and said they could take two weeks to respond.
Under section 78B of the Act, a court cannot proceed until it is satisfied all nine attorneys-general have been notified.
Erikson, who remains on bail, will next appear before the court on June 3.
Australian Associated Press
Sign up for our newsletter to stay up to date.