AHRC Denies Discrimination Exemption For “Lesbian Born Female” Event
Image: AHRC President Emeritus Professor, Rosalind Croucher (Right), and LGB Alliance Australia and Lesbian Action Group member, Nicole Mowbray (Right). Images: LinkedIn and Facebook
The Australian Human Rights Commission has denied the discrimination exemption for Melbourne-based Lesbian Action Group to hold a ‘lesbian born female’ event.
On Thursday, October 12, the AHRC published their decision, explaining that they will “not grant” the temporary exemption for LAG to discriminate on the grounds of sexual orientation and gender identity for the event.
The decisions from the AHRC included their reasoning, many of which were based around the Sex Discrimination Act 1984, and the Act’s 2013 amendment.
Legal Definitions
Under the the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth), the AHRC recognised that the term ‘women’ within the SDA includes transgender women.
“Since 2013, it has been unlawful to discriminate against a person in the areas of public life covered by the SDA on the ground of the person’s sexual orientation or a person’s gender identity,” stated the AHRC decision.
This definition was used in order to examine the arguments made for and against the exemption.
The AHRC received 236 submissions regarding the application, and a further 262 submissions following the preliminary view.
The commission noted many issues from the submissions, including many that argued for the exemption whilst going against the SDA’s definitions.
Following the SDA, Amended acts and additional case considerations, the commission states, “This exclusion [for the event] would likely amount to unlawful discrimination under the SDA on the ground of gender identity in the provision of goods and services.”
Considered An Unreasonable Argument
The commission ultimately decided that making the exemption would not be “appropriate and reasonable to make distinctions between women based on their biological sex at birth.”
Submissions made also noted that “a number” of submissions favouring the exemption noted potential violence or harassment if the event was not restricted.
The commission acknowledged that accepting the application could have lead “to the further exclusion of and discrimination against transgender women who are lesbians.”
“Transgender women are a group who have and continue to experience discrimination, harassment and social exclusion,” the decision explained.
LAG were planning to hold an event for International Lesbian Day in October, and were to exclude “Heterosexual, Bisexual and Gay males, Heterosexual and Bisexual females, Transgender people and Queer plus people.”
The group were previously denied by the Victorian Pride Centre to hold the event, leading the group to seek the exemption.
Many LGBTQI+ groups, including Equality Australia, rejected the groups choice to pursue such exemptions.
Previously discussing LAG’s decisions, Equality Australia CEO Anna Brown labelled called upon the community to reject the “sad stunt.”
“Discrimination laws exist to protect all of us, particularly groups that have experienced historical discrimination and marginalisation because of their race, disability, sexual orientation or gender,” Brown explained.
“You build community and belonging by creating inclusive and safe spaces, not by excluding the marginalised and vulnerable.”
“Women’s spaces should be open to all women seeking friendship and connection,” said Brown.
