Australia’s Human Rights Commission has knocked back an application from a Victorian group who wanted to hold events that were restricted to “lesbians born female”.
Human Rights Commission President Professor Rosalind Croucher has previously indicated that the application for a five-year exemption from Australia’s anti-discrimination laws would be rejected.
The application on behalf of the Lesbian Action Group requests permission for a five-year exemption to hold regular events at Victoria’s Pride Centre that will only be open to “lesbians born female only”. The Victoria Pride Centre have already announced they would not accept a booking from the group.
The organisation making the application said that since the 1970’s lesbians in Victoria had been arranging a wide range of events including sporting events, dances and balls, concerts and festicals that had traditionally only been attended by women. They argued that needed to have the ability to hold events that could exclude transgender women, and the current laws were forcing their events underground.
The application drew a wide range of submissions from other community groups who argued both for and against the exemption being granted. The Commission received a total of 262 submissions, consisting of submissions from 20 organisations and 242 individuals.
In a summary of the decision the commission said it acknowledge the need for women to have a space to discuss issues like health concern, domestic violence and community building.
“The Commission acknowledges that lesbians in Australia have faced significant structural and entrenched discrimination, both historically and in the present day. The Commission agrees that it is important and beneficial for lesbians to gather as a community to celebrate their culture and discuss issues of special relevance to their community.”
However, they found that there was not a reasonable case for granting an exemption from the sex discrimination laws.
“The Commission is not persuaded it is appropriate and reasonable to make distinctions between women based on their biological sex at birth or transgender experience, and to exclude transgender lesbians, from a community event of this kind.
“The Commission notes that if this exemption had been granted, it may have led to the further exclusion of and discrimination against transgender women who are lesbian.” the statement said.
Carole Ann, a spokesperson for the Lesbian Action Group, told the Nine Newspapers that the decision had “obliterated” biological reality. The decision has been welcomed by LGBTIQA+ rights groups including Equality Australia.
OIP Staff
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