Ending Forced Trans Divorce: Mission Accomplished

It is now 18 months since the passage of legislation that finally allowed lesbian, gay, bisexual, transgender and intersex people the right to marry under Australian law.

 

Well, most LGBTI people. Because it did not immediately overrule the laws of some Australian states and territories that prevent people who are married from changing their identity documentation to reflect their gender identity. In effect, making some trans and gender diverse people choose between the recognition of their relationship, and recognition of who they are.

 

Instead, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 gave states and territories 12 months in which to update relevant legislation to provide married people with the same opportunity to update their birth certificates as unmarried people.

 

At the end of this 12-month period, on 9 December 2018, the existing exemption under sub-section 40(5) the Sex Discrimination Act 1984 was repealed:

 

Nothing in Division 2 renders it unlawful to refuse to make, issue or alter an official record of a person’s sex if a law of a State or Territory requires the refusal because the person is married.

 

So how did the states and territories respond?

 

First, there are two jurisdictions that had already abolished forced trans divorce prior to the passage of the Marriage Amendment (Definition and Religious Freedoms) Act:

 

The Australian Capital Territory, where section 24(1) of the Births, Deaths and Marriages Registration Act 1997 does not make any distinction on the basis of whether a person is married or unmarried, and

 

South Australia, where sub-section 29I(3) of the Births, Deaths and Marriages Registration Act 1996 explicitly states that an application to change sex or gender identity ‘may be made under this section even if the person is married.’

 

There are four other jurisdictions that passed legislation within the 12 month time-frame granted to repeal forced trans divorce:

 

Victoria, where Parliament approved the Justice Legislation Amendment (Access to Justice) Act 2018 on 22 May. Among other things, this law repealed the requirement in section 30A of the Births, Deaths and Marriages Registration Act 1996 that a person be unmarried in order to apply to alter their details on the register, and

 

New South Wales, which passed the Miscellaneous Amendment (Marriages) Act 2018 in June. Similar to the Victorian Act, this legislation removes the requirement in sub-section 32B(1)(c) of the Births, Deaths and Marriages Registration Act 1995 that a person be unmarried in order to apply to alter the register to record change of sex.

 

Queensland, which also passed its Births, Deaths and Marriages Registration Amendment Act 2018 in June, amending the requirement in section 22 of the original Act that a person be unmarried for their sexual reassignment to be noted on the Register, and

 

The Northern Territory, which passed the Births, Deaths and Marriages Registration and Other Legislation Amendment Act 2018 in late November, taking effect on 6 December with only three days to spare.

 

Which means that, at the time of the December 2018 deadline, two out of eight Australian states and territories had failed to repeal forced trans divorce:

 

Western Australia, where the Gender Reassignment Amendment Bill 2018 passed the Legislative Assembly in November 2018, but was not passed by the Legislative Council before the end of 2018. Update: The Legislative Council passed the Bill on Tuesday 12 February 2019, and

 

Tasmania, where the Justice and Related Legislation (Marriage Amendments) Bill 2018 – which makes a range of important amendments beyond simply repealing forced trans divorce – passed the Legislative Assembly in November 2018 despite Government opposition, and awaits consideration by their Legislative Council in March this year. Update: This Bill was passed by the Legislative Council in April 2019, and took effect in May 2019.

 

Of course, it is disappointing that it took another 17 months for trans and gender diverse Australians to gain access to marriage on the same terms of lesbian, gay and bisexual people.

 

But it is still worthy of celebration that the abhorrent legal discrimination that was forced trans divorce has finally been made history.

 

Finally, this doesn’t mean the struggle for LGBTI equality in Australia is over – there is plenty left to do as part of the LGBTI agenda (see here).

 

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* This article was originally published in June 2018 as ‘Ending Forced Trans Divorce: Mission Half Accomplished’.

Unfairness in the Fair Work Act

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here

 

The first item of ‘unfinished business’ that I have chosen to write about is the discrimination that remains in the Commonwealth Fair Work Act 2009.

 

This unfairness includes two distinct issues, one relatively well-known (and which exists in other legislation, such as the Commonwealth Sex Discrimination Act 1984), the other much less so.

 

Starting with the sometimes-overlooked problem first: did you know that the Fair Work Act 2009 does not protect trans, gender diverse and intersex people against workplace discrimination?

 

While this legislation prohibits adverse treatment on the basis of sexual orientation – thereby protecting lesbians, gay men and bisexuals (at least to some extent: see the discussion below) – it does not include equivalent protections for trans, gender diverse and intersex people.

 

For example, sub-section 351(1) provides that ‘An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.’

 

Note that this list excludes both gender identity (which would cover trans and gender diverse people) and intersex status (the term used in the Sex Discrimination Act 1984 to protect intersex people, although the intersex community has since advocated for this to be updated to ‘sex characteristics’; see the Darlington Statement).

 

The same list of attributes, with the same exclusions, is found in sub-section 772(1)(f) which protects employees against unlawful termination.

 

In short, the Fair Work Act 2009 (Cth) does not protect trans, gender diverse and intersex Australians from mistreatment or unfair dismissal based on who they are. This is either a gross oversight, or a deliberate choice to treat transphobic and intersexphobic workplace discrimination less seriously than other forms of mistreatment.

 

Nor are these the only sections of the Fair Work Act to omit trans, gender diverse and intersex people:

 

  • Section 153 provides that discriminatory terms must not be included in modern awards. The list of relevant attributes includes sexual orientation, but excludes gender identity and sex characteristics;
  • Section 195 includes a similar prohibition on discriminatory terms in enterprise agreements, and once again omits trans, gender diverse and intersex people; and
  • Sub-section 578(c) provides that the Fair Work Commission must perform its functions taking into account ‘the need to respect and value the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.’

 

There is literally no requirement in the Act for the Fair Work Commission to help prevent or eliminate transphobic and intersexphobic workplace discrimination.

 

There can be no justification for these omissions. Nor can there be any excuse for the Government, or Parliament more broadly, not to pass urgent amendments to ensure trans, gender diverse and intersex Australians are finally included in the Commonwealth Fair Work Act 2009.

 

Here are my letters to the Prime Minister, and the Minister for Jobs and Innovation, asking them to do exactly that:

 

**********

 

The Hon Malcolm Turnbull MP

Prime Minister of Australia

PO Box 6022

House of Representatives

Parliament House

Canberra ACT 2600

 

27 May 2018

 

Dear Prime Minister

 

Please include trans, gender diverse and intersex people in the Fair Work Act

 

On 15 November last year, in your press conference following the announcement of the 61.6% Yes vote in the same-sex marriage postal survey, you said that: ‘we are a fair nation. There is nothing more Australian than a fair go. There is nothing more Australian than equality and mutual respect.’

 

A little later in that same press conference you added: ‘we are a nation of a fair go and mutual respect and we treat people equally. We don’t discriminate against people because of their gender of their sexual orientation, their religion or race or the colour of their skin.’

 

Unfortunately, trans, gender diverse and intersex Australians are still a long way from receiving a ‘fair go’, and that includes being treated unfairly within the Commonwealth Fair Work Act 2009.

 

Section 351 of this legislation includes protections against adverse treatment on the basis of a wide range of attributes, including sexual orientation. However, it excludes both gender identity and sex characteristics (the latter being the term preferred by intersex advocates, as articulated in the Darlington Statement, replacing ‘intersex status’ as used in the Sex Discrimination Act 1984).

 

Similarly, section 772 of the Fair Work Act prohibits unfair dismissal on the same grounds as 351, once again leaving trans, gender diverse and intersex Australians without equivalent protection.

 

Meanwhile, sections 153 and 195 do not prohibit the use of discriminatory terms against trans, gender diverse and intersex people in modern awards and enterprise agreements, respectively.

 

Finally, while section 578 of the Fair Work Act mandates that, in performing its functions, the Fair Work Commission must take into account ‘the need to respect and value the diversity of the work force by helping to prevent and eliminate discrimination’, this does not cover either transphobic or intersexphobic discrimination.

 

I am writing to ask that you, and your Government, introduce amendments to the Fair Work Act 2009 to rectify these gross oversights as a matter of priority.

 

Trans, gender diverse and intersex people deserve to be protected against workplace discrimination in exactly the same way as other employees, including lesbians, gay men and bisexuals.

 

If you fail to do so, you will be continuing to deny a ‘fair go’ to trans, gender diverse and intersex Australians, and your words of 15 November last year will ring hollow.

 

Sincerely,

Alastair Lawrie

 

 

**********

 

Senator the Hon Michaelia Cash

Minister for Jobs and Innovation

PO Box 6100

Senate

Parliament House

Canberra ACT 2600

via minister.cash@jobs.gov.au

 

27 May 2018

 

Dear Minister Cash

 

Please include trans, gender diverse and intersex people in the Fair Work Act

 

I am writing to you about the Commonwealth Fair Work Act 2009, which you administer, and specifically its failure to adequately protect trans, gender diverse and intersex employees against workplace discrimination.

 

Section 351 of this legislation includes protections against adverse treatment on the basis of a wide range of attributes, including sexual orientation. However, it excludes both gender identity and sex characteristics (the latter being the term preferred by intersex advocates, as articulated in the Darlington Statement, replacing ‘intersex status’ as used in the Sex Discrimination Act 1984).

 

Similarly, section 772 of the Fair Work Act prohibits unfair dismissal on the same grounds as 351, once again leaving trans, gender diverse and intersex Australians without equivalent protection.

 

Meanwhile, sections 153 and 195 do not prohibit the use of discriminatory terms against trans, gender diverse and intersex people in modern awards and enterprise agreements, respectively.

 

Finally, while section 578 of the Fair Work Act mandates that, in performing its functions, the Fair Work Commission must take into account ‘the need to respect and value the diversity of the work force by helping to prevent and eliminate discrimination’, this does not cover either transphobic or intersexphobic discrimination.

 

I am writing to ask that you, and the Liberal-National Government, introduce amendments to the Fair Work Act 2009 to rectify these gross oversights as a matter of priority.

 

Trans, gender diverse and intersex people deserve to be protected against workplace discrimination in exactly the same way as other employees, including lesbians, gay men and bisexuals.

 

If you fail to do so, you will be failing to ensure trans, gender diverse and intersex Australians receive a ‘fair go’ in their jobs.

 

Sincerely,

Alastair Lawrie

 

**********

 

The second, much better-known, issue of unfairness in the Fair Work Act 2009 is its inclusion of extensive ‘religious exceptions’. These are loopholes that allow religious organisations to discriminate against employees on the basis of their sexual orientation (and would likely allow discrimination on the basis of gender identity were it to be included as a protected attribute in the Act in future).

 

The Fair Work Act entrenches these loopholes in two ways.

 

First, the prohibition on adverse treatment in section 351 (described above) does not apply to any action that is ‘not unlawful under any anti-discrimination law in force in the place where the action is taken’ (sub-section (2)(a)).

 

This means that the Fair Work Act reinforces the religious exceptions that already exist in the Commonwealth Sex Discrimination Act 1984, and its state and territory equivalents (other than the Tasmanian Anti-Discrimination Act 1998),[i] which permit anti-LGBT discrimination.

 

However, the Fair Work Act then includes its own ‘religious exceptions’ in sub-section 351(2)(c), allowing adverse treatment ‘if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed – taken:

(i) in good faith; and

(ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed.’

 

In effect, the Act provides two different avenues for religious organisations to justify mistreating employees simply because of their sexual orientation.

 

The protection against unfair dismissal in section 772 also includes its own ‘religious exception’, while even the terms of modern awards (section 153) and enterprise agreements (section 195) are allowed to be explicitly discriminatory on the basis of sexual orientation where it relates to employment by a religious institution.

 

There is, however, one important difference between the religious exceptions in this Act and those that are contained in the Sex Discrimination Act 1984: the Fair Work Act religious exceptions technically apply across all protected attributes.

 

This means that, theoretically at least, a religious organisation could claim its beliefs required it to discriminate on the basis of race, or even physical or mental disability – and that it would therefore be protected from any adverse consequences under the Act.

 

Of course, in practice we all know that religious exceptions are most likely to be used to justify discrimination against women (including unmarried and/or pregnant women) and LGBT people.

 

Unfortunately, the Ruddock Religious Freedom Review recently handed to Prime Minister Malcolm Turnbull (although not yet publicly released) is likely to recommend that these loopholes are expanded, rather than drastically reduced. That is a subject I am sure I will be writing about further in coming months.

 

Nevertheless, in the meantime we should continue to highlight the injustice of religious exceptions, including those found in the Fair Work Act and elsewhere, and campaign for their removal.

 

One such campaign, called ‘Change the Rules on Workplace Discrimination’, is currently being run by the Victorian Gay & Lesbian Rights Lobby. I encourage you to sign their petition, here.

 

Ultimately, we need to collectively work towards a Fair Work Act that covers all parts of the LGBTI community – and that doesn’t feature extensive ‘religious exceptions’ allowing discrimination against us.

 

**********

 

Update 24 October 2018:

 

Earlier this year, the (then) Minister for Small and Family Business, the Workplace and Deregulation, the Hon Craig Laundy MP, replied to my letter. As you can see below, it is an extremely disappointing response.

 

He, and the Liberal-National Government, either don’t understand that the Fair Work Act excludes trans, gender diverse and intersex Australians (leaving them at a disadvantage compared to other groups, including lesbian, gay and bisexual people). Or they simply don’t care. I think we all know which is the likelier explanation.

 

This issue has taken on added importance in the context of the current debate around the Ruddock Review, and removing religious exceptions that allow discrimination against LGBT students and teachers.

 

That is because, even if those exceptions are repealed (from both the Sex Discrimination Act and the Fair Work Act), if the protected attributes of gender identity and sex characteristics/intersex status are not also added to the Fair Work Act, there will still be a two-tiered system for LGBTI teachers.

 

In short, lesbian, gay and bisexual teachers will be able to complain to both the Fair Work Ombudsman and the Australian Human Rights Commission, while trans, gender diverse and intersex teachers will only be able to complain to the latter.

 

Unfortunately, the otherwise positive Discrimination Free Schools Bill 2018 from the Australian Greens makes this fundamental mistake. We are also still waiting to see whether the now Morrison Government will introduce any reforms in this area at all, as well as what a Shorten Labor Opposition Bill (or amendments) might look like.

 

But, irrespective of whose Bill it is, and whatever other amendments it contains, if it doesn’t add gender identity and sex characteristics/intersex status to the Fair Work Act, it will be incomplete.

 

**********

 

16 July 2018

 

Dear Alastair

 

Thank you for your email of 27 May 2018 to Senator the Hon Michaelia Cash, Minister for Jobs and Innovation, about protection from discrimination against trans, gender diverse and intersex employees under the Fair Work Act 2009. As the issues raised fall within my portfolio responsibilities as Minister for Small and Family Business, the Workplace and Deregulation, your email was referred to me for reply.

 

The Australian Government believes that discrimination in the workplace is unacceptable and all employees have the right to be free from discrimination at work.

 

The Sex Discrimination Act 1984 (the Sex Discrimination Act) is the principle legislation providing protection against discrimination or harassment on the basis of sex and/or gender. It also covers discrimination and harassment in the workplace. The Sex Discrimination Act explicitly covers discrimination on the basis of gender identity and intersex status.

 

The Human Rights Commission Act 1986 provides remedies for workers who have been discriminated against, harassed or dismissed on the basis of gender identity or intersex status, including in the workplace. The Australian Human Rights Commission (AHRC) is responsible for responding to complaints about harassment or discrimination on the basis of gender identity or intersex status.

 

Any person who has been discriminated against, harassed or dismissed on the basis of gender identity or sex characteristics should contact the AHRC for information and advice. The AHRC has the power to investigate and conciliate the complaints of discrimination and breaches of human rights. Information on what is required to make a complaint is available at www.humanrights.gov.au under the complaints tab on that page. There is also a National Information Service line on 1300 656 419.

 

Yours sincerely

 

Craig Laundy

(then) Minister for Small and Family Business, the Workplace and Deregulation

 

Unknown

Will Scott Morrison’s Government continue to exclude trans, gender diverse and intersex employees from the Fair Work Act?

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

 

Footnotes:

[i] For more information on the differences in these laws, see A quick guide to Australian LGBTI anti-discrimination laws.

Submission re Queensland Registering Life Events Discussion Paper

The following is my submission in response to the Queensland Government Registering Life Events: Recognising sex and gender diversity and same-sex families Discussion Paper. For more information on this review, go here.

 

BDM Act Review Team

PO Box 15188

City East, Brisbane QLD 4002

bdmlegislativereview@justice.qld.gov.au

 

Wednesday 18 April 2018

 

To the BDM Act Review Team

 

Submission re Registering Life Events Discussion Paper

 

Thank you for the opportunity to provide a submission in response to the Registering Life Events: Recognising sex and gender diversity and same-sex families Discussion Paper.

 

I write this submission as a long-time advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

 

I also write this as a cisgender gay man, and am therefore guided by the views of those groups directly affected by the provisions of the Births, Deaths and Marriages Registration Act 2003.

 

Specifically, with respect to questions 1 to 7 I endorse both the submission to the current review by Intersex Human Rights Australia (IHRA),[i] and the Sex and Gender Advisory Group’s letter to the Commonwealth Attorney-General’s Department Review of the Australian Government Guidelines on the Recognition of Sex and Gender.[ii]

 

Where there is any inconsistency between this submission and the views of these groups, I defer to them as experts in these areas.

 

Question 1. How should a person’s sex be recorded on the birth, adoption and death registers?

Question 2. Do you have any other comments on this issue?

 

I support the views expressed in Recommendation 3 of the Intersex Human Rights Australia submission that: Queensland should end legal classification of individuals by sex or gender, in line with the Darlington Statement and the Yogyakarta Principles plus 10.

 

I also agree with IHRA that this recommendation is unlikely to be achieved in the short-term and therefore support their recommendation 4, namely that: In the absence of an end to legal classification of individuals by sex or gender, Queensland should recognise ‘non-binary’, alternative (for example, self-affirmed) and multiple sex markers. Changes should be available [via] a simple administrative procedure, for example, via a statutory declaration.

 

I note that this terminology, and in particular the use of the term ‘non-binary’, was also supported by the Sex and Gender Advisory Group in its letter of 24 September 2015.

 

Question 3. Should any changes be considered to the BDMR Act and BDMR Regulation to improve the legal recognition of sex and gender diverse people in Queensland? If so, what should the changes be?

Question 4. Should any changes be made to the BDMR Act’s provisions regarding an application to note a reassignment of sex for children/young people under the age of 18? If so, what should the changes be?

 

Yes, significant changes must be made to the Births, Deaths and Marriages Registration Act 2003 to improve the legal recognition of sex and gender diverse people in Queensland. This includes the removal of the major hurdles that currently prevent people from accessing accurate and appropriate identity documentation.

 

First, the requirement that trans and gender diverse people must have ‘sexual reassignment surgery’[iii] before being able to update their sex on the birth register must be removed. This requirement is inappropriate as not all transgender people want or are able to undertake such procedures (for a variety or reasons, including financial).

 

Second, the requirement that applications to note the reassignment of a person’s sex ‘must be accompanied by statutory declarations, by 2 doctors, verifying that the person the subject of the application has undergone sexual reassignment surgery’ [section 23(4)(b)] must also be removed. The medicalisation of identity recognition processes is also inappropriate – doctors should not be ‘gatekeepers’ of the identity of trans and gender diverse people.

 

The process for updating sex and gender details should be based on the experience and/or identity of the individual involved – not the opinion of medical ‘experts’ – and should be straight-forward, most likely affirmed through a simple statutory declaration.

 

The same principles should also apply with respect to minors, with no medical gatekeepers involved, and the only caveat being that they are able to demonstrate their capacity for consent. Obviously, this also means that where a minor is able to demonstrate such capacity, they should be permitted to amend their identity documentation in the absence of approval from parent(s) or guardian(s).

 

Finally, I endorse Recommendation 6 of the Intersex Human Rights Australia submission that: In the absence of legislation and regulation that implements prior BDM recommendations, the Queensland government should ensure that a separate, simple and accessible pathway is available for people born with variations of sex characteristics to correct details on birth certificates.

 

Question 5. Should the BDMR Act contain provisions to allow for the reassignment of a person’s sex for individuals who reside in Queensland but whose birth was registered elsewhere?

Question 6. Should BDMR Act allow for the issuing of a gender recognition certificate/identity acknowledgement certificate which can be used by a person as proof of their sex or gender?

Question 7. Do you have any other comments on this issue?

 

Yes, I support the inclusion of provisions to allow for the reassignment of a person’s sex for individuals who reside in Queensland but whose birth was registered elsewhere. This would seem to be an important practical measure for people who are unable to update these details in other jurisdictions, for a variety of possible reasons.

 

I am not in a position to comment on the process for such recognition – including the specific proposal for the issuing of a gender recognition certificate/identity acknowledgement certificate – and defer to the views of trans, gender diverse and intersex organisations on this question.

 

Question 8. Should the BDMR Act be amended to permit same-sex parents to choose how they are recorded on a birth or adoption registration?

 

Yes, although this should not be limited to ‘same-sex parents’ – all parents should be able to nominate how they are recorded. This would better reflect the diversity of modern families, not just in terms of sexual orientation and gender identity, but also in terms of methods of family creation.

 

Question 9. If so, what descriptors should be available and in what combinations?

 

At the very least, parents should have the option of nominating as ‘mother’, ‘father’ or ‘parent’, thereby allowing the combinations of mother/father, mother/mother, father/father, mother/parent, father/parent and parent/parent.

 

I am not in a position to comment on what other terms may be preferable (especially with respect to the potential use of ‘birth mother’ or ‘birth parent’) but encourage the BDM Act Review Team to consult directly with rainbow families on these issues.

 

Question 10. Do you have any other comments on this issue?

 

I note that the Discussion Paper states that ‘[t]he issue of whether or not a child’s birth or adoption registration should include more than two parents and the issuing of integrated birth certificates listing more than two parents will be canvassed in a subsequent discussion paper.’

 

I take this opportunity to pre-emptively express the view that, in contemporary Australia, there is already a wide range of family structures in existence – including where children are raised by three or four different parents – and that the law should be amended to reflect this reality.

 

Additional Comments

 

I also take this opportunity to express my support for the first two recommendations of the Intersex Human Rights Australia submission to the current review, namely that:

 

Recommendation 1. Queensland should protect children’s right to bodily integrity, in line with the Darlington Statement and the Yogyakarta Principles plus 10

and

Recommendation 2. The Queensland government should protect people from discrimination and violence on grounds of ‘sex characteristics’, in line with the attribute defined in the Yogyakarta Principles plus 10.

 

These are important issues and both represent serious shortcomings in Queensland law (as well as in other jurisdictions within Australia). The Queensland Government has in recent years adopted a progressive agenda on LGBTI issues overall – I strongly encourage it to add both of these items to that list.

 

Thank you for considering this submission as part of this important review. Please do not hesitate to contact me at the details below should you require additional information.

 

Sincerely

Alastair Lawrie

 

Palaszczuk

The Palaszczuk Labor Government has already enacted a strong LGBTI reform agenda – but there’s plenty left to do.

 

Footnotes:

[i] Morgan Carpenter, 4 April 2018: https://ihra.org.au/32033/submission-bdm-queensland/

[ii] Gavi Ansara, Sue Webeck, Morgan Carpenter, Peter Hyndal and Sally Goldner, 24 September 2015, as published on the National LGBTI Health Alliance website: https://lgbtihealth.org.au/wp-content/uploads/2015/10/FOR-DISTRIBUTION-AGD-Sex-and-Gender-Guidelines-Review-Advisory-Group-Endorsement-Letter.pdf

[iii] Defined in the Act as:

‘means a surgical procedure involving the alteration of a person’s reproductive organs carried out:

(a) to help the person to be considered a member of the opposite sex; or

(b) to correct or eliminate ambiguities about the sex of the person.’

Submission re Queensland Births, Deaths and Marriages Registration Amendment Bill 2018

The Queensland Government has introduced legislation to finally abolish ‘forced trans divorce’ in that state. The following is my submission to the Parliamentary Committee which is considering this Bill. More details about this inquiry can be found here.

 

Committee Secretary

Legal Affairs and Community Safety Committee

Parliament House

George Street

Brisbane QLD 4000

lacsc@parliament.qld.gov.au

 

Sunday 18 March 2018

 

Dear Committee

 

Births, Deaths and Marriages Registration Amendment Bill 2018

 

Thank you for the opportunity to provide a submission in relation to the Births, Deaths and Marriages Registration Amendment Bill 2018.

 

In short, I strongly support this legislation. As noted by Attorney-General, the Hon Yvette D’Ath, in her second reading speech, the Bill ‘makes an important and necessary amendment to ensure true marriage equality is realised for sex and gender diverse Queenslanders.’

 

The existing provisions of the Births, Deaths and Marriages Registration Act 2003, which require that married transgender people must divorce their spouses before they are able to have the reassignment of their sex noted on the birth register, are a gross violation of human rights.

 

Forced trans divorce does not respect the right to personal autonomy and self-determination of trans and gender diverse people.

 

Forced trans divorce also does not respect the ability of all people to choose who they marry, and then to decide between themselves whether they remain married – rather than having that decision made for them by government.

 

Forced trans divorce is in direct contravention of Article 26 of the International Covenant on Civil and Political Rights which provides that:

 

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

 

The amendments proposed in this Bill will help address these human rights breaches. If passed, it will ensure that nobody is left in the impossible situation of having to choose between staying married to the person they love and being able to access identity documentation that reflects their gender identity.

 

I therefore urge the Legal Affairs and Community Safety Committee to recommend the passage of the Births, Deaths and Marriages Registration Amendment Bill 2018 and for all members of Queensland Parliament to act on that recommendation.

 

Before I conclude this submission I would also note that forced trans divorce is not the only aspect of the Births, Deaths and Marriages Registration Act 2003 which breaches the human rights of trans and gender diverse people in Queensland.

 

In particular, their right to personal autonomy and self-determination is violated in three key ways:

 

  1. The requirement that people must have ‘sexual reassignment surgery’[i] before being able to update their sex on the birth register. This is inappropriate as not all transgender people want or are able to undertake such procedures (for a variety or reasons, including financial).

 

  1. The requirement that applications to note the reassignment of a person’s sex ‘must be accompanied by statutory declarations, by 2 doctors, verifying that the person the subject of the application has undergone sexual reassignment surgery’ [section 23(4)(b)]. The medicalisation of identity recognition processes is also inappropriate – doctors should not be ‘gatekeepers’ of the identity of trans and gender diverse people.

 

  1. The requirement that sex be marked as either male or female on the register. This binary categorisation does not recognise the diversity of sex and gender which exists in the community, and therefore imposes inaccurate identity documentation on some people.

 

I note that in her second reading speech Ms D’Ath stated that:

 

The Palaszczuk government is strongly committed to ensuring our laws support the rights of sex and gender diverse Queenslanders. The focus of the first public discussion paper for the recently commenced review of the BDMR Act is examining how Queensland life event registration services can improve legal recognition of lesbian, gay, bisexual, transgender and intersex Queenslanders and their families. I encourage all Queenslanders to access the discussion paper on the Get Involved website and have their say.

 

[NB The Registering life events: Recognising sex and gender diversity and same-sex families Discussion Paper can be found here. Submissions are due by 4 April.]

 

I look forward to the three human rights violations identified above being addressed through that process. However, I believe it is important they are highlighted here because, while the Births, Deaths and Marriages Registration Amendment Bill 2018 is an important step forward, it is by no means the end of the journey towards the full recognition and acceptance of trans and gender diverse Queenslanders.

 

If you would like additional information, or to clarify any of the above, please do not hesitate to contact me.

 

Sincerely

Alastair Lawrie

 

MemberImgHandler.ashx

Queensland Attorney-General, the Hon Yvette D’Ath MP.

 

Update 12 December 2018: The Births, Deaths and Marriages Registration Amendment Bill 2018 was passed by Queensland Parliament on 13 June, and commenced on 18 June, finally bringing forced trans divorce in that jurisdiction to an end. The consultation process about broader reforms to the Births, Deaths and Marriages Registration Act 2003 is ongoing.

 

Footnotes:

[i] Defined in the Act as:

‘means a surgical procedure involving the alteration of a person’s reproductive organs carried out:

(a) to help the person to be considered a member of the opposite sex; or

(b) to correct or eliminate ambiguities about the sex of the person.’

Victoria’s Births, Deaths and Marriages Registration Amendment Bill 2016

Update: 14 January 2017

 

Unfortunately, this necessary and important legislation was voted down by the Victorian Legislative Council on December 6 2016.

 

As reported by SBS here (‘Gender change voted down in Vic parly’), the Victorian Liberal and National Parties combined with cross-bench conservative MLCs to reject the Births, Deaths and Marriages Registration Amendment Bill 2016.

 

In the process, Victorian Coalition MPs have ensured that the process for transgender people to amend their birth certificates remains onerous, and continues to exclude a large number of trans and gender diverse people completely, especially those who identify as non-binary and gender-fluid.

 

The decision to reject this vital reform was shameful, and will hopefully be remembered by all LGBTI Victorians when they go to the polls next, in November 2018.

 

Original post:

 

The Andrews Labor Government, elected in November 2014, has repeatedly demonstrated its commitment to the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) Victorians in its first two years in office. This includes:

  • Creating the nation’s first Minister for Equality (Martin Foley)
  • Appointing a Gender and Sexuality Commissioner (Rowena Allen) and establishing an LGBTI Taskforce
  • Legalising adoption by same-sex couples
  • Apologising to people unjustly convicted for historical homosexual offences
  • Committing funds to establish a Pride Centre, and
  • Defending the Safe Schools program from Commonwealth Government attacks.

It is currently pursuing two further important items of law reform. The first of these is the Births, Deaths and Marriages Registration Amendment Bill 2016 (the second, the Equal Opportunity Amendment (Religious Exceptions) Bill 2016, will be the subject of a later post).

As noted by Attorney-General Martin Pakula in the Bill’s second reading speech, “[t]he bill implements the government’s pre-election commitment to remove barriers for trans, gender diverse and intersex Victorians to apply for new birth certificates.”

Specifically, the Births, Deaths and Marriages Registration Amendment Bill 2016 will:

  • Remove the requirement for trans and gender diverse people to undergo gender affirmation surgery in order to alter their official records, including birth certificates
  • Remove the requirement for trans and gender diverse people to be unmarried in order to alter their records (thus ending the policy of ‘forced trans divorce’)
  • Simplify the process for adults to alter their records – with the new system based on a statutory declaration by the individual, supported by a statement from another adult who has known them for more than 12 months
  • Allow children to alter their records for the first time (with the application made by parent(s) or guardian(s), and supported by a statement from a doctor or registered psychologist that the alteration is in the child’s interest), and
  • Allow individuals to nominate a descriptor of their choice – ‘male’, ‘female’ or any other term chosen by the applicant (provided it is not obscene or offensive) – to recognise their trans, gender diverse or non-binary identity.

Writing as a cisgender gay man, these reforms seem very straightforward – allowing trans and gender diverse people to access documentation that reflects their identity, removing inappropriate and unjust barriers (such as the requirement to undergo gender affirmation surgery – something many trans people will never do – and abolishing the horrific practice of forced trans divorce).

The reforms also appear to be widely supported by trans, gender diverse and intersex advocates, with Transgender Victoria’s Chair Brenda Appleton noting that “[t]his is a profoundly important reform for our community, as many of us are currently prevented from changing the most basic form of documentation to reflect our true identity.”[i]

Intersex advocate Gina Wilson also welcomed the changes in the same media release: “[f]or the Victorian Parliament to say ‘we give you here a document that acknowledges the truth of your life’ would be life changing… It is very difficult to explain to someone who has never struggled to fit in the way Intersex people often have to how much joy and relief that would bring.”

Consequently, one would hope such legislation, respecting the autonomy of people to nominate their own gender identity or sex, rather than having one imposed upon them (by the medical profession, and ultimately by the Government), would be uncontroversial.

Alas, those hopes were forlorn. The Bill has been opposed by the ‘unholy’ triumvirate of contemporary Australian politics: the right-wing of the Coalition, the Australian Christian Lobby, and News Corp (in this case, via the Herald Sun).

The Bill has already been debated, and voted on, in the Legislative Assembly, where it only passed by a margin of 45 votes to 35. The debate leading up to this vote saw a number of ill-informed and, frankly, intolerant, contributions by some members of the Liberal and National Parties, perhaps none ‘less-informed’ than that by the Member for Ripon, Louise Staley. Her speech included the following ignorant observations:

“I oppose this bill. This bill goes too far. This government is in thrall to highly contested gender theories. This is the sort of post-modernist mumbo jumbo we have come to expect from the Andrews Labor Government…

“I ask the house to reflect on what we are doing when we allow a man – and the statistics show most transgender people are born male – who has male chromosomes and who naturally has the right to enjoy the privileges we as a society still give to men, such as earning more and dominating business and politics, to choose to be recognised by the state as a woman because he feels like a sex he biologically is not and cannot by definition actually ever experience. I cannot help feel that such men are engaged in a radical form of mansplaining, telling women what really makes one a woman…

“The feminist in me objects strongly to a man changing his birth certificate to female because he feels enough of a woman to identify as one but not enough to take the step of permanently doing so…

“There are also women-only spaces, services, shelters et cetera that explicitly exclude men for feminist or safety reasons. Allowing preoperative transgender people to join these bodies – especially, I may add, to make political points or to pursue activism – will at some point cause great distress to all involved.”

Many of the worst aspects of transphobia – deliberately misgendering trans people, invalidating non-binary identities, creating panic about trans women accessing women’s spaces – are present and accounted for in Ms Staley’s offensive and outrageous speech. If you want to read the full catastrophe, you can find it here (but make sure you don’t eat immediately beforehand).

160930-louise-staley

Transphobic Victorian Liberal MLA Louise Staley

Of course, right-wing Liberal and National Party MPs are not the only ones capable of extreme transphobia. As expected, Lyle Shelton and the Australian Christian Lobby have lived down to their already-low public reputation by inciting bathroom panic as part of their campaign against the Bill. In a web post titled “Why is This Government Putting Women at Risk?”[ii] (yes, seriously), they wrote:

“Australian Christian Lobby Managing Director Lyle Shelton said radical changes that would allow men identifying as women to enter women’s private spaces such as toilets and change rooms needed wider discussion…

“Mr Shelton said Mr Andrews [sic] new laws would make private space unsafe for women. “Why should a man identifying as a woman be allowed into a woman’s gym or a domestic violence shelter? Why should biological males identifying as women be allowed into women’s public toilets and shower facilities?””

It seems the ACL is intent on importing the worst kind of hate-speech from its international counterparts, and especially from anti-LGBTI groups in the United States, whipping up fear against trans women and vilifying people on the basis of their gender identity[iii].

And of course, where right-wing Liberals and Nationals and the ACL ‘lead’ (into the gutter), News Corp papers usually follow – with the Herald Sun backing the transphobic campaign against what should, on its merits, be uncontentious legislation.

In an appalling article titled “Laws allowing Victorians to choose sex on birth certificate raise safety concerns,”[iv] Rita Panahi wrote:

“New laws allowing Victorians to choose their sex on a birth certificate will compromise the safety of female-only spaces, including single-sex schools  changing rooms, domestic violence shelters and even prisons, according to a women’s rights group…

“The proposed changes, which passed the Lower House earlier this month, could see boys and men identifying as female – but with no intention of undergoing gender reassignment or clinical treatment – being allowed access to areas reserved for girls and women.”

Umm, Rita, that would be because they are girls and women, and therefore have the right to access ‘areas reserved for girls and women’. And, just like Ms Staley and Mr Shelton before you, you should already be aware that deliberating misgendering trans people in this way is extremely offensive.

The Bill that has prompted this backlash is expected to be debated in the Legislative Council in the week beginning Tuesday 11 October. Given that the ALP does not have a majority in the Upper House (even with the addition of Greens and Sex Party MLCs), and the ongoing scare campaign against its provisions, it is now uncertain whether the Births, Deaths and Marriages Registration Amendment Bill 2016 will in fact be passed.

As a result, I have sent the below short email to all Members of the Victorian Legislative Council, calling on them to support the Bill. If you have time between now and October 10th, I encourage you to do the same. You can find the contact list for MLCs here.

**********

Friday 30 September 2016

Dear Member of the Victorian Legislative Assembly

Please Support the Births, Deaths and Marriages Registration Amendment Bill 2016

I am writing to you to urge you to support the Births, Deaths and Marriages Registration Amendment Bill 2016 when it is debated and voted upon in October.

This legislation is important because it will remove the barriers that exist for trans, gender diverse and intersex people in terms of accessing new birth certificates.

Specifically, I understand that the Bill will:

  • Remove the requirement for trans and gender diverse people to undergo gender affirmation surgery in order to alter their official records, including birth certificates
  • Remove the requirement for trans and gender diverse people to be unmarried in order to alter their records (thus ending the policy of ‘forced trans divorce’)
  • Simplify the process for adults to alter their records – with the new system based on a statutory declaration by the individual, supported by a statement from another adult who has known them for more than 12 months
  • Allow children to alter their records for the first time (with the application made by parent(s) or guardian(s), and supported by a statement from a doctor or registered psychologist that the alteration is in the child’s interest), and
  • Allow individuals to nominate a descriptor of their choice – ‘male’, ‘female’ or any other term chosen by the applicant (provided it is not obscene or offensive) – to recognise their trans, gender diverse or non-binary identity.

These appear to be straightforward reforms that respect the autonomy of people to nominate their own gender identity or sex, rather than having one imposed upon them by clinicians or the Government. I note they are also supported by trans, gender diverse and intersex advocates.

As highlighted by Jo Hirst, these reforms “won’t mean much to most Victorians, but to an estimated 4 per cent of the population it means everything. It’s certainly significant for my little boy, who’s transgender. He recently told me it would mean more to him than food.”[v]

Hirst then further observes that “[t]o have their birth certificate reflect their true identity would empower young transgender people to fully participate in all the educational, social, sporting and job opportunities our society has to offer. Most importantly it would give them a sense of validation that would help them feel whole.”

I therefore call on you to support the Births, Deaths and Marriages Registration Amendment Bill 2016 to better recognise the human rights of trans, gender diverse and intersex Victorians, by simplifying the process by which they can ensure official records reflect their gender identity or sex.

If you have any questions or would like additional information, please contact me at the details provided below.

Sincerely,

Alastair Lawrie

**********

Footnotes:

[i] Media Release, Birth certificate reforms will deliver respect and recognition for trans, gender diverse and intersex Victorians, 12 September 2016.

[ii] Australian Christian Lobby, Why is this Government Putting Women at Risk?, 29 August 2016.

[iii] Noting of course that anti-LGBTI vilification is not prohibited currently under either Victorian or Commonwealth law.

[iv] Herald Sun, Laws allowing Victorians to choose sex on birth certificate raise safety concerns, 27 September 2016.

[v] Sydney Morning Herald, Surgical sterilisation shouldn’t be the cost of correcting a transgender person’s birth certificate, 15 September 2016.

Submission to Alex Greenwich Discussion Paper re Removing Surgical Requirement for Changes to Birth Certificate

Alex Greenwich MP

58 Oxford St

PADDINGTON NSW 2021

sydney@parliament.nsw.gov.au

Friday 21 August 2015

Dear Mr Greenwich

SUBMISSION ON DISCUSSION PAPER RE REMOVING SURGICAL REQUIREMENT FOR CHANGES TO BIRTH CERTIFICATE

Thank you for the opportunity to provide this short submission in response to the above-mentioned Discussion Paper, and for highlighting what is clearly an important issue for transgender people in NSW.

I should begin by noting that I am writing this from the perspective of a cisgender gay man and that, if this submission is contrary to the views expressed by trans* individuals and organisations, then those submissions should obviously be preferred.

Nevertheless, as a long-term advocate and activist within the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, I find it hard to disagree with the premise of the Discussion Paper which is that trans* people should not be required to undergo irreversible sex affirmation surgical procedures before being able to apply to amend their birth certificate.

Similarly, I can see no valid reason why the approach which has been adopted by Ireland – and which is described in the Discussion Paper as ‘world’s best practice’ – should not be adopted here.

This approach – allowing transgender individuals to legally change their birth certificate through a statutory declaration process without any need for medical documentation – has a number of significant advantages.

These include:

  • Recognising the diversity of experience within the transgender community
  • Respecting the personal autonomy of people to identify themselves and
  • Removing the unnecessary ‘medicalisation’ of this process.

Above all, adopting the Irish approach would make it easier for trans* people to obtain documentation which reflects their gender identity, which is a positive outcome in and of itself.

I look forward to seeing the Final Report of this consultation later in 2015, and to the ongoing work of yourself and the NSW Cross-Party LGBTI Working Group on a wide range of other, related issues, including (but not limited to):

  • The abolition of incredibly unjust ‘forced trans* divorce’ laws
  • The removal of exceptions to the NSW Anti-Discrimination Act 1977 which allow private schools to discriminate against trans* students and teachers[i] and
  • The abolition of the unjustifiably broad exceptions granted to religious organisations in sub-section 56(d)[ii] of the same Act.

Thank you in advance for taking this submission into account. Please contact me at the details provided below if you would like clarification or further information about any aspect of this submission.

Sincerely,

Alastair Lawrie

[i] Section 38K of the NSW Anti-Discrimination Act 1977, which covers education, provides that “[n]othing in this section applies to or in respect of private educational authorities”.

[ii] “Nothing in this Act affects: … (d) any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

State Member for Sydney Alex Greenwich (source NSW Parliament website).

State Member for Sydney Alex Greenwich (source: NSW Parliament website).

Germaine Greer, ABC’s #QandA & Transphobia

Updated 22 April 2017:

ABC’s #QandA producers have done it again, inviting notorious transphobe Germaine Greer to appear – yet again – on next Monday night’s episode.

In fact, Ms Greer’s appearance will be, at least, the third since the below post was written about the International Women’s Day episode in March 2015 (with other appearances in April 2016 and September 2016).

The frequent promotion by our national broadcaster of someone whose repugnant views about transgender people should be ignored rather than indulged is galling.

Importantly, Greer has already been given – and used – the opportunity of appearing on #QandA to ‘clarify’ her views on gender identity, but chose instead to continue her attacks on transgender people.

On the 11 April 2016 episode, Ms Greer deliberately mis-gendered Caitlyn Jenner, commenting that:

“I don’t believe that a man who has lived for 40 years as a man and had children with a woman and enjoyed the services, the unpaid services of a wife, which most women will never know, that he then decides that the whole time he’s been a woman, and at that point I’d like to say, “Hang on a minute, “you believed you were a woman, but you married another woman. “That wasn’t fair, was it?””

Here’s a hint Germaine – because you seem to be a bit slow on the uptake – Caitlyn Jenner is a woman, whether you like it or not (and it certainly appears to be the latter).

She even returned to the subject, later in the conversation, to take on a hypothetical middle-aged trans person, saying:

“If you’re a 50-year-old- truck driver who’s had four children with a wife and you decide that the whole time you’ve been a woman, I think you’re probably wrong.”

Imagine, for a second, that statement being made about another social group, say Aboriginal and Torres Strait Islander people, or Jewish people, or Muslim people – that, despite what you say you are, despite your fundamental identity, I will assert that your identity is incorrect. In effect, I will tell you that the person you say you are doesn’t exist.

This erasure wouldn’t be accepted – and it shouldn’t be accepted in relation to transgender and non-binary gender diverse people, either.

It’s time for Ms Greer to be taken off the speed dial list for ABC’s #QandA producers, and for her to be replaced by a feminist who is capable of accepting life in the 21st century. There is absolutely no shortage from which to choose.

**********

Original Post 8 March 2015 (previous title: My Question to Tony Jones, Annabelle Crabb, #QandA Producers, Mark Scott & The ABC):

On Monday March 9th 2015, the ABC’s Q&A program will hold its first ever all-female show, to align with International Women’s Day (which is today, Sunday March 8).

There have actually been Q&A’s with all-female guests before – although they still featured Tony Jones as host, whereas tomorrow night Annabel Crabb will be moderating the conversation.

This is of course a welcome development, especially given the ongoing under-representation of women in political life in Australia, nowhere more than around the federal Cabinet table (with one of the two women currently in Cabinet, the Hon Julie Bishop MP, also a guest tomorrow night).

It’s just such a shame that it is undermined by the inclusion of Germaine Greer as a panellist.

Don’t get me wrong, Ms Greer was one of the most influential Australians of the 20th century, and her academic and public work on feminism, and improving the situation of women around the world, should be, indeed must be, respected.

Unfortunately, her views on gender identity, and in particular surrounding issues of transgender identity, have steadfastly refused to enter the 21st century. She has been, and remains, a vocal and unapologetic transphobe.

And it is this transphobia which, I believe, makes her an unsuitable guest for Q&A. It is my firm view that the ABC more generally, and Q&A specifically, should not be giving a platform to someone whose opinions are so abhorrent.

Now, that might seem like an extreme statement. Until you recognise that her comments about transgender people, and trans-women in particular, are far more extreme.

For example, in her 1999 book, The Whole Woman, Ms Greer wrote:

“Governments that consist of very few women have hurried to recognise as women men who believe that they are women and have had themselves castrated to prove it, because they see women not as another sex but as a non-sex.”

“No so-called sex-change has ever begged for a uterus-and-ovaries transplant; if uterus-and-ovaries transplants were made mandatory for wannabe women they would disappear overnight. The insistence that man-made women be accepted as women is the institutional expression of the mistaken conviction that women are defective males.”

Proving that it is possible to learn nothing about a subject in 10 years, Ms Greer wrote the following for The Guardian in 2009:

“Nowadays we are all likely to meet people who think they are women, have women’s names, and feminine clothes and lots of eyeshadow, who seem to us to be some kind of ghastly parody, though it isn’t polite to say so. We pretend that all the people passing for female really are. Other delusions may be challenged, but not a man’s delusion that he is female.”

In 2015, another six years having passed, and yet Ms Greer still doesn’t seem to be any the wiser about transgender issues. Delivering a public lecture at Cambridge University in January, she returned to her discriminatory ways.

According to the Huffington Post, transphobia itself became a target of her speech:

“Women are 51% of the world’s population and [I’ve been told] I’ve got to worry about transphobia… I didn’t know there was such a thing [as transphobia]. Arachnophobia, yes. Transphobia, no.”

Perhaps in an effort to single-handedly demonstrate that transphobia does exist, Ms Greer also repeated her 2009 view that it was a ‘delusion’ to describe the wish of ‘men to become women’, and “suggested that trans women do not know what it is to “have a big, hairy, smelly vagina.””.

And “[s]he further argued that the surgical procedures and medical treatments associated with transitioning are “unethical” because they “remove healthy tissue and create lifelong dependence on medicine.””.

So there we have (at least) three examples, spread across 16 years, of someone who actively belittles and demeans one group within the community simply because of who they are.

Imagine for a second that she (or indeed any potential Q&A guest) made similar comments about Aboriginal and Torres Strait Islander people, or Jewish people. That they questioned these groups’ ‘authenticity’, called them ‘delusional’ or ‘ghastly parodies’, at the same time as suggesting that racism, or anti-Semitism, were not in fact all-too-real phenomena.

Would the ABC nevertheless go ahead and book them for this program, effectively providing them with a platform for their bigoted views? I expect (and sincerely hope) that they would not.

Which indicates, or at least strongly implies, that the ABC does not consider transphobia to be as serious an issue as racism, or anti-Semitism, or other forms of discrimination.

What makes the decision to invite Germaine Greer onto the program even worse is that she has already appeared, on multiple occasions (and on one of her previous appearances hardly covered herself in glory, in March 2012 disrespecting then Prime Minister, the Hon Julia Gillard MP, by telling her “Face it Julia, you have a fat arse…”)

Are the producers seriously suggesting that a panel of five guests (plus host Annabel Crabb) could not be filled with intelligent and talented women without having to invite a notorious transphobe back for a repeat performance?

The fact that they have done so is, I believe, a serious failure of judgment.

Of course, writing this as a cisgender gay man I am exposing myself to potential criticism, that somehow I am being anti-feminist (for daring to criticise the ‘right’ of someone like Ms Greer to appear).

But I am comfortable enough to know that a) that’s not true and b) that it is more important to stand up for the rights of all of the members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

And it is not as if I am alone in making such criticisms. Author Roxane Gay, who is herself appearing on Monday night’s Q&A, had the following to say in an interview with the Sydney Morning Herald:

“I think she’s [Germaine Greer’s] bigoted and full of hate. She doesn’t acknowledge transgender women as women. That’s not acceptable. I honestly don’t know why she’s being included. I think it’s going to be uncomfortable.”

I too don’t know why Germaine Greer is being included on tomorrow night’s show. So, in the long tradition of Q&A, I would like to submit the following question:

My question is to Tony Jones, Annabel Crabb, #QandA Producers, Mark Scott and the ABC: Why do you consider it acceptable to provide a public platform for a transphobe like Germaine Greer? Or, in other words, why do you believe transphobia is less offensive than racism or anti-Semitism?

I would love for them (rather than the other guests) to provide a response to this, although I have to say I am not holding my breath.

Transphobe Germaine Greer

Transphobe Germaine Greer

One final thing. As I noted at the beginning, while this is the first all-female show, it is not the first all-female panel. And there have been other panels looking at Aboriginal and Torres Strait Islander issues, and one program looking specifically at HIV (held during AIDS2014 in Melbourne).

Perhaps a future Q&A could be devoted to LGBTI issues. With five guests, that means there could be at least one lesbian, gay, bisexual, transgender and intersex person each appearing (noting of course individuals can be more than one of these).

Such a show would go some way towards demonstrating that the LGBTI community is about more than just marriage equality, and that there is also an incredible amount of diversity, both in experience and opinions, within our ranks.

There are a large number of opportunities for such a panel during the year, not only during the (just completed) Sydney Gay & Lesbian Mardi Gras, but possibly even later in 2015 to celebrate 40 years of the decriminalisation of homosexuality in South Australia (the first Australian state to do so). So, Q&A, how about it?

Update 22 April 2017: Later in 2015, #QandA producers actually did stage a program focusing on LGBTI issues. Hosted by gay comedian Tom Ballard, it followed a screening of the documentary Between a Frock and a Hard Place, looking back at the success of The Adventures of Priscilla, Queen of the Desert.

The panel for the ‘#QandGay’ included:

Gay rights activist and author Dennis Altman

Entertainer Paul Capsis

Broadcaster and journalist Julie McCrossin

Christian Democratic Party MP Fred Nile

Transgender woman Julia Doulman and

Student and queer activist Katherine Hudson.

That’s right, not content on including notorious transphobe Germaine Greer on the International Women’s Day episode, #QandA producers apparently believed that a discussion about the progress of LGBTI rights in Australia required the input of notorious homophobe Fred Nile. I guess, based on that logic, the next panel to focus on issues about race will include a neo-Nazi. You know, for balance…