An open letter from Equality Australia and a range of women’s groups, LGBTIQA+ groups and allies is calling on the federal government to ensure protections for women are maintained in the Sex Discrimination Act.
The plea comes as there is growing pressure on the government to strip the legislation of inclusive definitions of sex and gender that were introduced by the Gillard government in 2013.
“Redefining sex in the Act, or removing gender identity as a protected attribute, would strip protections from transgender Australians and weaken safeguards for women more broadly. It would render entire groups of people invisible in law and trigger a cascade of damaging consequences,” the group says.
The 2013 provisions were tested in court for the first time in the case of Giggle v Tickle, where transgender woman Roxanne Tickle successfully argued that she had been indirectly discriminated against when she was removed from the social media app Giggle for Girls.
The company behind the app and its founder, Sall Grover, appealed the decision and lost. Tickle also won a cross-appeal, which found she had been directly discriminated against. The court increased the damages in the case.
Grover and her legal team have now applied to take the case to a further appeal before the High Court.
At the same time, several political parties have announced they would introduce significant changes to the Sex Discrimination Act if successful in forming government. Liberal leader Angus Taylor, Nationals senator Matt Canavan and One Nation leader Pauline Hanson have all declared they would seek to amend the Act.
This week, in her National Press Club address, Senator Hanson said that if she were Australia’s next Prime Minister, she would sack Hugh De Kretser, the President of the Human Rights Commission. Sex Discrimination Commissioner Dr Anna Cody was also mentioned in her remarks.
People wanting to show their support for the Equality Australia campaign can add their name to the open letter.
