Nationals MP Alison Penfold has vowed to bring in legislation that will remove some of the protections for people who are transgender from the Sex Discrimination Act.
An appeal before the Federal Court is due to be handed down on Friday, but the Nationals MP says she’ll be moving the amend the legislation that was introduced by the Gillard Labor government in 2013.
The Giggle v Tickle case is the first time the protections for people on the basis of gender identity have been tested in court. Sal Grover CEO of online platform Giggle for Girls was found to have indirectly discriminated Roxanne Tickle, a transgender woman when she kicked Tickle off the platform. Grover is currently appealing the ruling.
Alison Penfold, who represents the New South Wales seat of Lyne, has announced she’ll put forward a private members bill next session to change the laws.
Penfold outlined her intentions to Sky News presenter Peta Credlin, who has also been a prominent campaigner against the current laws.
“This is an important issue in my community and across Australia.” Penfold said, but she admitted she had little hope of actually changing the laws while Labor was in government.
“Just because the government is a lost cause on this issue it doesn’t mean we shouldn’t try.” the MP said, highlighting that Kirralie Smith, the leader of anti-transgender organisation Binary is one of her constituents.
“Sex is biological and binary.” Penfold said outlining that she’d told party members that she would introduce the bill to fix ambiguity in the law. Penfold said it should not be left to the court’s to decide how the law should be interpreted.
Penfold said her proposal would still include some protections for people who are transgender.
“I’ll be reinstating the biological definition of male and female. I’ll be making explicit protections for female spaces.” Penfold said listing sport, prisons, and domestic violence services as areas of concern.
The MP said it was not just a issue affecting women, who don’t want transgender people in their spaces. in her eyes it also applies to community organisations like Men’s Sheds who may want to ensure transgender men do not participate in their programs.
