This Valentine’s Day, I have written the below letter to NSW Parliamentarians, asking them to show love for trans and gender diverse kids by unequivocally opposing Mark Latham’s proposed legislation which seeks to deny their existence. Please read through to the end of the article to find out what you can do to help fight back against his bullying.
14 February 2021
Dear NSW MPs
I am writing to urge you to immediately and publicly express your opposition to the Education Legislation Amendment (Parental Rights) Bill 2020.
This legislation makes me sick.
This legislation is sick.
This legislation is based on a sick ideology that it is better for trans and gender diverse kids not to exist at all, than for them to be happy and healthy, and to feel safe and supported in NSW schools.
I, and lesbian, gay, bisexual, transgender and intersex (LGBTI) people in this state, are sick and tired of wasting precious time and energy fighting against such ill-intentioned attacks on our community.
Especially when there is still so much progress left to achieve, including on legal rights for trans and gender diverse people, like providing access to birth certificates without the need for surgery or other invasive medical procedures, or ensuring the Anti-Discrimination Act 1977 covers non-binary people (something it currently does not).
Instead, the NSW Legislative Council’s Education Committee is holding an inquiry into a Bill which is nothing short of the worst legislative attack on LGBTI rights in Australia this century.
A Bill that seeks to prohibit any and all teaching that someone’s gender identity can be different to the gender assigned to them at birth.
That weaponises the so-called morality of transphobes to deny the reality of trans people.
A Bill that actually goes much, much further, by banning any ‘teaching, instruction, counselling and advice’ that acknowledges said lived reality, by anybody remotely connected to a school, from principals to parents volunteering in the school canteen.
That compels a school counsellor to remain silent when a suicidal trans student just needs to hear the most basic words of comfort: that they are not alone, and who they are is okay.
A Bill that recycles failed and flawed policies from Thatcher-era Britain, reviving ‘section 28’-style laws which saw a generation of lesbian, gay and bisexual students marginalised and made invisible, without access to safe sex education even at the height of the HIV epidemic.
Policies that were abandoned in the UK almost two decades ago, now being contemplated for LGBT students right here in 2021.
A Bill that seeks to insert an ignorant, inappropriate and incorrect definition of intersex in NSW law for the first time, further stigmatising individuals that still endure the most significant human rights abuses of any group within the LGBTI community.
It does all of this based on misguided claims that the rights of parents are somehow more important than those of their children. Perhaps the best that could be said regarding this stated motivation is that at least they are being transparent.
For decades, opponents of LGBTI rights have argued that we are a serious threat to the rights of children to be themselves. Demands for our equality have frequently been met with the pleas of excitable Helen Lovejoy-types exclaiming ‘won’t somebody please think of the children’.
Well, this legislation pulls back the curtain to reveal where the real danger lies, and it’s not us. The threat to LGBTI kids comes from parents who would prefer their own children not to exist than to be who they are, and from the politicians who wish to empower them.
This legislation is an admission that, if the criteria for assessing policy proposals is whether it is in the best interests of children, then the homophobes, biphobes and transphobes have lost. Because decades of evidence clearly shows the best response to LGBT kids is to offer them love not judgement, support not suppression.
Instead, anti-LGBTI activists have moved the goalposts, so that the rights of children are no longer supreme, but must be made secondary to the perspectives of parents. But even then only the views of some parents are considered paramount.
This legislation, if passed, would mean not only that transphobic parents succeed in ensuring their own children are not taught about gender identity issues, but that no child is, in any class, anywhere. That includes the trans and gender diverse kids of parents who accept them (as any parent should).
Education is, or at least should be, for all, not just for students who are cisgender, heterosexual and endosex. Schools must not be compelled to be participants in and proponents for the prejudices of some parents.
Teachers must be allowed to teach the truth. The undeniable truth is that trans people exist. Gay, lesbian, and bisexual people as well. Intersex people, too.
These truths might be inconvenient for those who would prefer otherwise. But that is not a good enough reason to pass a law to impose silence where our stories should be.
The Education Legislation Amendment (Parental Rights) Bill 2020 was released more than six months ago. Its discriminatory pillars have been public knowledge for just as long.
Which makes it deeply disappointing, distressing even, that neither the NSW Government nor Opposition have clearly committed to voting against it in the time since then.
Recent events in the United States have served as a stark warning of the profound consequences of playing footsie with fascism.
NSW Parliamentarians should not encourage extremism, by entertaining the exclusion of an entire category of person from education. Make no mistake, that is exactly what this Bill does: it enables the erasure of trans and gender diverse students in every classroom and schoolyard across the state.
I understand that, regrettably, One Nation holds part of the balance of power in the Legislative Council this term. But it is a craven political calculation which concludes two Upper House votes are worth more than the happiness, the childhoods and in some cases even the lives of some of the community’s most vulnerable members.
Surely it is time for you to find your voice and say, finally, you cannot in good conscience stay silent on a proposal that silences trans kids. That you will oppose this harmful and hateful legislation in committee, in debate and whenever it comes up for a vote.
If you are not convinced by the above arguments, then I implore you to do one simple thing: put yourself in the position of a trans child following the potential passage of this Bill.
Imagine realising that, at a fundamental level, you are not like most of the other boys, or girls. You may not have the language yet, yet you know you are different.
But the words you need to express yourself aren’t able to be uttered in the place the Government compels you to attend most days of the first 18 years of your life. A place where you’re supposed to feel safe, but instead are sidelined.
There is nothing in the Personal Development, Health and Physical Education curriculum to say other people like you even exist. They have been excised from the textbooks, just as they’ve been excluded from English, History and other subjects too.
You cannot find any information about who you are in the school library because any books that mention gender diversity have been purged.
You cannot see yourself in any of the trans or gender diverse teachers who might be there either, because they are busy hiding themselves lest they be accused of ‘indoctrination’.
Imagine overcoming these barriers, and, with the support of your family, beginning to affirm who you really are. And then your problems really begin.
Your teacher cannot actively support your transition because to do so could be interpreted as ‘instruction’ to the rest of your class that trans people do, in fact, exist.
They also can’t intervene to stop you from being misgendered and deadnamed by other kids. To some extent, such bullying is inevitable because they’ve never been taught anything about people like you and ‘different’ too-easily, and too-rapidly, becomes ‘wrong’.
You cannot seek advice from the school counsellor, because the moment you start to say anything about gender identity they are forced to shut the conversation down. They’re not even allowed to refer you to the wonderful support service they’re aware of just down the road, but may as well be in a different universe.
And you cannot seek protection from the school principal because of the attitudes of parents and politicians who have never met you, but who hate who you are anyway.
Imagine how you might feel in this situation. How scared. And small. And alone. Even with the backing of a supportive family, it would be difficult. Without it, it would be almost impossible.
I don’t need to imagine very hard. Because there is a lot of similarity in what I described above to the circumstances I confronted as a gay student at a religious boarding school in Brisbane in the early 1990s.
And, if we’re being completely honest, there are still far too many same-sex attracted kids who find themselves in the same scenario in schools all over NSW today.
But it absolutely destroys my heart to think that, even today, NSW Parliament is holding an inquiry into a Bill that would guarantee this mistreatment for trans and gender diverse kids into the future, with the long-term psychological harm that all-too-often goes with it.
It doesn’t need to be this way.
I started this letter by talking about the sickness that lies at the centre of the Education Legislation Amendment (Parental Rights) Bill 2020, and the dangerous views that it espouses. But those views should not be the centre of this debate.
Instead, this discussion is about how we treat people who are not sick, but who are actually beautiful: trans and gender diverse kids.
Kids who deserve the same love, and care, and nurturing, as anybody else. Kids who have the same right to education as anybody else. Kids who should have the same ability to determine for themselves who they are, as anybody else.
As an elected representative in the NSW Parliament, you can be their champion. As part of the debate surrounding this Bill you can stand up and say that trans kids are welcomed and accepted, while transphobia is not.
You can let the people of NSW know, right now, that you will not let this legislation, or any subsequent legislative attacks on trans kids, pass.
Of course, you do have another option. Alternatively, you could choose to progress with consideration of this Bill, through the committee inquiry, and then onto the floor of Parliament for debate. You might even ultimately decide to vote for it.
If you do, then instead of being a champion for trans and gender diverse kids, you would be joining their bullies. And responsibility for the harms caused would be yours to own.
It’s time for you to make your decision about the Education Legislation Amendment (Parental Rights) Bill 2020. Champion. Or bully. The choice is yours.
Things you can do:
The NSW Legislative Council Education Committee (chaired by Mark Latham himself) is conducting an online questionnaire about community views towards the Education Legislation Amendment (Parental Rights) Bill 2020, closing on Sunday 28 February 2021.
Unfortunately, many of the questions asked are (mis)leading. Nevertheless, organisations like the NSW Gay and Lesbian Rights Lobby and Equality Australia recommend completing the survey in the following way:
- Go to the survey on the Committee’s website
- Fill in your details in response to the first question
- At question 2 click ‘oppose’
- Skip through the other questions
- At question 8 share a story of a teacher who made an impact on your life
- Identify yourself only to the extent you feel comfortable.
If you feel comfortable, you should also raise this issue directly with your local member of parliament (you can find a list of MPs here) and let them know you expect them to stand up for the right of everyone to an education, and that includes trans and gender diverse kids.
If you would like more information about the Bill itself, you can read my original post summarising the proposed legislation from August 2020, ‘I Stand With Trans Kids, and Against Mark Latham’.
Finally, you can sign up to receive updates about this and other issues from this blog, via the right-hand scroll bar on desktop, or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus [NB Given the events of the past week – with this website being blocked by Facebook for being ‘news’ – it is more important than ever to sign up if you want to receive updates, especially with the possibility of further disruptions].
Update 28 February 2021
I received the following correspondence on Thursday:
Dear Mr Lawrie
I write in response to your email of 14 and 15 February 2021, to the Hon Gladys Berejiklian MP, Premier and the Hon John Barilaro MP, Deputy Premier and Minister for Regional New South Wales, Industry and Trade, and Hon Sarah Mitchell MLC, Minister for Education and Early Childhood Learning regarding the Education Legislation Amendment (Parental Rights) Bill 2020. The Premier and Deputy Premier referred your correspondence to the Hon Sarah Mitchell MLC, Minister for Education and Early Childhood Learning. The Minister has asked me to respond on her behalf.
The NSW Government will respond to the proposed bill after careful consideration to ensure all relevant legislation and protections are considered.
The Department of Education is committed to providing safe and supportive learning environments that respect and value diversity and are free from violence, discrimination, harassment and vilification. NSW public schools have legal obligations to protect and support their students.
We thank you for taking the time to express your concerns over the proposed bill. The NSW Government is working through the formal parliamentary process to address the matter and will communicate this once the process is finalised.
Should you require any further information you are welcome to contact [name and contact details omitted].
A/Director, Curriculum Secondary Learners
25 February 2021
Upon receiving this correspondence, I had three main thoughts:
First, it is disappointing that none of the Premier, Deputy Premier or even the Minister for Education responded directly to my original letter, instead delegating it to the Department of Education.
Second, it is frankly pathetic for the NSW Government to hide behind the committee inquiry process, as if this is an ordinary bill. It is not. It is an extreme proposal that seeks to erase an entire group of students from schools across the state. How much worse must a law be before NSW’s leaders show some leadership and declare that this type of legislation will not be tolerated, let alone considered?
Third, it reinforces the need for everyone who believes in an inclusive education, where all students have the right to learn irrespective of their sexual orientation, gender identity or sex characteristics, to make their voices heard. If you are reading this on Sunday 28 February 2021, please, please, please complete the parliamentary survey expressing your opposition to this Bill in question 2.