A Victorian lesbian group that wants to hold events that exclude bisexual and transgender women has failed in its bid to over turn an earlier decision that knocked back their application for an exemption from the Sex Discrimination Act.
In 2023 the Lesbian Action Group applied to the Australian Human Rights Commission asking for a five year exemption from complying with the Sex Discrimination Act. The group wanted to hold events that would be only be open to “lesbians born female only”. Their application was refused.
The group then applied to the Victorian Administrative Appeals Tribunal, now known as the Administrative Review Tribunal to overturn the decision. Late on Monday the decision was handed down, upholding the decision from the Australian Human Rights Commission.
In handing down his decision Tribunal member Stewart Fenwick rejected the arguments put forward by the group on why they should be granted permission to exclude people on the basis of gender and sexuality.
“The Applicants identify as a discrete minority within a group in the community that is already identified by their sex and sexual orientation, characteristics that afford them the protection of the SDA.” Fenwick said in his published decision.
“They seek to actively discriminate against another group in the community identifiable by their gender identity, a characteristic also protected under the SDA.”
The Tribunal member said he had determined that endorsing overt acts of discrimination cannot be the intended effect of the legislation.
The Lesbian Action Group have described the decision as disappointing.
“This is an extremely disappointing ruling by the AAT”, spokesperson Nicole Phillips said. “It is giving men a loophole into lesbian spaces. We need our sexual boundaries to be respected, not denied in law.
“Lesbians are exclusively sexually and romantically attracted to other females, not to men who say they are female.
“It is absolutely absurd and disturbing that trans people can have a trans-only event at the Melbourne Fringe Festival this year, but lesbians cannot hold a lesbian-only event. There seems to be a very obvious hierarchy of groups who are being protected under the Sex Discrimination Act by the AHRC – and it does not favour women and lesbians.” Phillips said.
