UPDATE: The Victoria-based Lesbian Action Group (LAG) is escalating their fight to exclude trans women from their events, claiming a legal right to do so under anti-discrimination laws. This urgent appeal follows a 2023 ruling from the Australian Human Rights Commission (AHRC), which denied their request for a five-year exemption aimed at creating spaces exclusively for “lesbians born female.”
LAG argues that the exclusion is necessary to promote opportunities for biological women, citing the 2010 Equal Opportunity Act in Victoria that allows temporary exemptions if it supports equal opportunity. Their appeal is now set to be heard in the Federal Court, adding another layer of urgency to this contentious debate.
The group’s legal team, led by co-counsel Megan Blake, contends that the AHRC’s ruling unfairly limits their rights, stating, “Trans women should be considered the same as biological men.” This assertion has ignited widespread backlash, with organizations like Dykes on Bikes condemning the request as “dangerous transphobic rhetoric.”
In a significant twist, LAG spokesperson Nicole Mowbray emphasized the need for such exclusions to attract new members, commenting, “Young and emerging lesbians cannot find their people because we’ve been underground in order to keep [biological] males out of our dating pool.” Despite their stance, Mowbray insists they do not harbor animosity towards trans individuals, stating, “We fully support trans people living their best lives.”
Countering this perspective, Celia Winnett, counsel for the AHRC, highlighted the law’s objective to protect all individuals on an equal footing, including those with diverse gender identities. “There’s an objective of eliminating discrimination on the basis of gender identity just as much as there is an objective of eliminating sex discrimination,” she explained.
The ongoing legal battle has sparked intense debates about inclusion, identity, and the rights of marginalized groups. As LAG pushes forward with their appeal, the implications of this case could have far-reaching effects on gender rights in Australia and beyond.
This developing story is drawing significant public attention and raises critical questions about the future of LGBTQ+ rights and the balance between inclusion and exclusion. Stay tuned for more updates as this pivotal case unfolds in the coming weeks.
