The Australian Human Rights Commission rejected the bid on the basis that sex is neither fixed nor binary and transgender women can be lesbians too.
A lesbian community organisation will be forced to keep its events open to men, straight women and transgender women after the Australian Human Rights Commission refused to grant it an exemption from anti-discrimination laws.
“‘Sex’ can refer to a person being male, female or another non-binary state. It is also broad enough to encompass the idea that a person’s ‘sex’ can be changed.” “It wasn’t unexpected, but it is still disgraceful,” she said. “It basically puts us back in the closet if we want to have any events for lesbians who were born female.”
In Tickle v Giggle, the commission said that due to the changes to the act, a person’s sex was not limited to biology and the Federal Court dispute should be considered as alleged discrimination on the basis of gender identity, not sex. Lesbian rights campaigner Carole Ann says the AHRC decision makes a mockery of the original Sex Discrimination Act.Brown said the intention of the new law was clear. “The Sex Discrimination Act was amended in 2013 to protect LGBTIQ+ people and explicitly protects trans women and non-binary people from unfair treatment,” she said.
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