Ten Months of Transphobia

The ‘star candidate’ of the first week of the election campaign – for all the wrong reasons – has undoubtedly been the Liberal candidate for Warringah, Katherine Deves.

Hand-picked by Prime Minister Scott Morrison, the head of anti-trans lobby group Save Women’s Sport Australasia has left a long trail of public comments for the media to scrutinise. And, well, the results aren’t pretty.

Already this week, they have reported on posts:

  • Describing trans kids as ‘surgically mutilated and sterilised’, while sharing topless images of a trans teenager who had undergone top surgery.
  • Saying she is ‘triggered’ by the rainbow pride flag (‘I get triggered by it. Whenever I see it on social media I think ‘What now? What are they demanding now?’ And I grew up with gay relatives and siblings and hung out in Surry Hills and X in Sydney in the 1990s. Lots of LGB family and friends, their movement has been destroyed.’)
  • Likening her lobbying against the participation of trans women and girls in sport to standing up against the Holocaust.[i]
  • Alleging ‘half of all males with trans identities are sex offenders’ (her tweet: ‘Half of all males with trans identities are sex offenders, compared with less than 20% for the rest of the male estate. That should tell you something.’), and
  • Belittling the serious mental health harms caused by transphobia (‘We hear from the other side the toll, all the harm, the devastation, we’re all going to commit suicide and blah blah’).

When confronted by the media about the above, Deves has been forced to apologise. It seems inevitable there will be more transphobic comments found, and more apologies, in coming days.

For people who only pay attention to federal politics every three years, Deves’ comments must seem bizarre, and extreme. And they are obviously both.

But, one thing they are *not* is an outlier.

Unfortunately, the Liberal candidate for Warringah’s views must be seen in the context of a rising tide of transphobia in Australian political discourse over the past six or seven years.

This includes the moral panic against the Safe Schools program in 2015 and early 2016, after which then-Prime Minister Malcolm Turnbull first reviewed it, then ‘gutted’ its contents, before finally de-funding it completely.

And the same-sex marriage postal survey in the second half of 2017, which became a platform for groups opposing marriage equality to target trans and nonbinary children (indeed, one of the leading organisations against equality, the Marriage Alliance, has since become anti-trans lobby group Binary Australia).

Following his elevation to the Prime Ministership, Scott Morrison himself has engaged in the anti-trans culture wars on a number of occasions (tweeting against teacher support for trans kids – describing them as ‘gender whisperers’ – in September 2018; criticising a trans-inclusive Cricket Australia participation policy in April 2019; and personally intervening to remove gender identity-inclusive toilet door signs in the Department of Prime Minister and Cabinet in August 2019).

However, from my perspective I would argue that the Coalition’s political campaign against trans and gender diverse Australians has really escalated in the past ten months.

In fact, I would pin-point that escalation to ten months ago yesterday (15 June 2021), when the Senate considered a motion from extremist One Nation Senator Malcolm Roberts on the subject of ‘childhood gender dysphoria’, which effectively called for gender-affirming health care to be denied to trans and nonbinary children and young people.

Not only was Roberts’ motion not based on either the evidence of experts in the field, or the lived experience of trans people themselves, but if adopted as public policy would directly lead to serious health and mental health harms for gender diverse kids.[ii]

Despite this, the Morrison Liberal/National Government granted its Senators a conscience vote, and they supported this attack on trans health care by a margin of 21 to 6.

Coalition Senators voting to deprive trans kids of evidence-based support included Attorney-General Michaelia Cash, and Assistant Minister to the Attorney-General Amanda Stoker.

The only Coalition Senators who voted to support trans kids were Simon Birmingham, Andrew Bragg, Richard Colbeck, Jane Hume, Marise Payne and Dean Smith (thank you).

Thankfully, the motion was defeated overall (because Labor, the Greens and Jacquie Lambie opposed it), but from my perspective it marked a turning point in debate, with attacks by the Government only becoming more frequent in the months since.

For example, less than three months later in September last year the Government voted against straight-forward amendments to the Fair Work Act 2009 (Cth), which simply would have ensured trans, nonbinary and intersex workers had exactly the same access to the Fair Work Commission as other employees.

There was absolutely no justification for their opposition. Not only because gender identity and intersex status were already included in the Sex Discrimination Act 1984 (Cth), but also because the then-Tony Abbott-led Liberal/National Opposition had actually supported the inclusion of those protected attributes back in 2013.

The Government’s position on trans (and intersex) rights had effectively gone backwards in the eight years since. It was, as I wrote at the time, both a pathetic position to take, and antipathetic to the rights of some of the most vulnerable members of the community. 

Then of course there was the Religious Discrimination Bill, introduced to Parliament less than three months later again, in November of last year.

As I have written previously, this was damaging and divisive legislation that (among other things): 

  • Overrode existing state and territory anti-discrimination laws to allow demeaning and derogatory comments against women, LGBT people, people with disability and even people of minority faiths, provided they were religiously-motivated
  • Overrode existing state and territory anti-discrimination laws that protect LGBT teachers in religious schools against discrimination (especially in Tasmania, the ACT and Queensland, and soon to commence laws in Victoria), and
  • Introduced religious exceptions which may have allowed discrimination against LGBT students in religious schools ‘under the guise of religious views’.

From this list it is clear trans people were one of many groups who stood to lose out under this legislation (so it wasn’t *only* a transphobic Bill).

But it is also undisputed that trans people were squarely in the sights of religious fundamentalists as they contemplated how they might (ab)use their new special privileges to discriminate had the laws passed (including Citipointe Christian College’s enrolment contract which primarily targeted trans kids, and Senate evidence of the Presbyterian Church of Victoria demanding the ability to misgender trans people in the workplace).

The Government then sought to mistreat trans people again when the Religious Discrimination Bill was considered by Parliament in February 2022, with Prime Minister Morrison introducing amendments that only protected lesbian, gay and bisexual students in religious schools against discrimination (and even then only against expulsion).

Trans and nonbinary students were excluded from any and all protection, breaking Scott Morrison’s own promise from October 2018 without any justification whatsoever.

Even worse, after the Religious Discrimination Bill package was amended by the Opposition, cross-bench and five moderate Liberal MPs to protect trans and nonbinary kids, Morrison then chose not to have the Bill considered by the Senate at all (at least partially at the behest of the Australian Christian Lobby and Christian Schools Australia).

That is how much the Liberal/National Government opposes the rights of trans and nonbinary children: they were prepared to abandon another of their core promises entirely just because gender diverse students might have been protected as a by-product.

Then, on the very same day the Religious Discrimination Bill was placed on pause (to the relief of many, myself included), Tasmanian Liberal Senator Claire Chandler introduced a private members Bill to amend the Sex Discrimination Act in order to exclude trans women and girls from participating in women’s sport (a law which also would have had a significant detrimental impact on intersex women).

Within two weeks, the ‘Save Women’s Sports’ Bill had been personally endorsed by Prime Minister Morrison himself, while campaigning in Tasmania. Even though it is still not ‘official’ Government policy, this endorsement dramatically increases the risk this law will be passed should the Coalition win in May.

Finally, in the dying days of the Parliamentary term in early April, Liberal Senator Alex Antic misused Senate Estimates hearings by asking a range of witnesses how they would define ‘woman’, which is simply re-heated transphobic culture war nonsense copied directly from the Republican Party handbook in the United States.

A few things become clear when looking back on the events of the past ten months in this systematic way.

First, the Liberal/National Government’s war on the rights of trans Australians is relentless.

Second, their attacks only seem to be becoming more frequent.

Third, far from being an outlier, a candidate like Katherine Deves is likely to feel right at home inside the Coalition.

Indeed, her advocacy efforts, aiming to exclude trans women and girls from participating in women’s sport, seems to be the main reason why she was chosen in the first place.

On the first full day of the campaign (Monday 11 April) Morrison told 2GB radio that:

‘She’s [Deves is] standing up for things that she believes in, and I share her views on those topics. And, and I think it’s important that they’re raised and it’s got nothing to do with, you know, the broad agenda debates. This is just about, you know, common sense and what’s right. And I think Katherine’s right on the money there.’

Before telling another radio station later that day, during a discussion of trans inclusion in (or exclusion from) sport: ‘I welcome Katherine’s selection, pleased to play a role in that. I think she’s raised very important issues. I think Claire Chandler’s also been outspoken and brave on these issues. I share their views’ (emphasis added).

Katherine Deves was not chosen as a candidate in spite of her transphobic views. Deves was hand-picked as a candidate, by Scott Morrison, as a direct result of her anti-trans advocacy.

In fact, it seems to have been her primary ‘contribution’ to public life. The only other time I have come across her previously was listening to her as a witness at hearings into Mark Latham’s anti-trans kids Bill, in April 2021.

Perhaps unsurprisingly, Deves (wearing her Save Women’s Sport Australasia hat) supported Latham’s Bill to erase trans students from classrooms and schoolyards across NSW – legislation which was so extreme that the NSW Perrottet *Liberal/National* Government ultimately rejected it because it ‘may lead to targeted discrimination against a marginalised community which already experiences poorer mental health and wellbeing outcomes’.

I started this post by highlighting some of the more appalling social media posts and other public comments for which Deves has been forced to apologise this week. But, rather than the (admittedly extreme) ways in which she expresses her position, it is the substance of those views – seeking to exclude trans women and girls from sport, supporting laws to erase trans kids and nonbinary students from classrooms – for which she should apologise.

But we already know that she won’t, because campaigning against trans rights is what Katherine Deves is known for.

I will now end this post by making three final points.

First, none of the above is news to trans and gender diverse Australians, who have been enduring this culture war for the past six or seven years, and are all-too-aware of its escalation over the past ten months. We already know it is having a devastating impact on their mental health and wellbeing, and will continue to do so for as long as it is allowed to go on.

Second, none of this will stop until the rest of us stand up and make it stop. Trans and gender diverse Australians have been fighting this battle on their own for far too long. It’s time for cis allies, including within the LGBTIQ community, but also in the Labor Opposition, Greens, moderate Liberals, and everyday members of the community, to tell the Morrison Liberal/National Coalition that enough is enough.

Trans women are women.

Trans men are men.

Trans rights are human rights.

And trans kids will be protected with all of our collective might.

Third, perhaps the most frustrating part of all is that spending significant time fighting back against attacks on trans rights means there’s less time to advocate for much-needed positive changes to improve the lives of trans Australians, because the project of trans equality is far from complete.

This obviously includes amending the Fair Work Act to explicitly protect trans and nonbinary (and intersex) workers.

And amending the Sex Discrimination Act to remove the ability of religious schools to lawfully discriminate against LGBT students, and teachers and other staff members.

It also includes removing the high out-of-pocket costs for gender-affirming health care which places transition financially out of reach for too many trans Australians (and leaves others under severe financial stress).

And plenty more besides.

These are the things we need to happen. Not another ten months of unrelenting attacks on the trans community. And not the election of candidates like Katherine Deves, or other people with views like hers.

For LGBTI people, if this post has raised issues for you, please contact QLife on 1800 184 527, or via webchat: https://qlife.org.au/ or contact Lifeline Australia on 13 11 14.

NB This post is written in a personal capacity, and does not reflect the views of employers past or present.

Katherine Deves

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Footnotes:


[i]  Full quote: ‘I’ve always loved 20th-century history and I think many people would say to themselves, ‘I’d never been to villages that stayed quiet, while the trains went past or whatever, I would have been part of the French Resistance, the underground, you know, I would be one of those people.’ And when all of this was happening, and no one was speaking out, I thought, this is it. This is the moment in my life, when I’m going to have to stand up and say something against the status quo and against the establishment and say, ‘I don’t think this is right’.’

[ii] Full text:

‘That the Senate-

(a) notes that:

(i) in 100 years of diagnostic history of childhood gender dysphoria (GD) there is an alarming trend that teenage girls, with no history of GD, have become the largest group seeking treatment,

(ii) in the United States of America, girsl requesting gender reassignment surgery in 2016-17 rose 400%,

(iii) in the United Kingdom, girls presenting with GD in the last 10 years rose 4000%, and

(iv) Australia’s Royal Children’s Hospital indicates referrals have grown from 1 every two years to 104 patients in 2014;

(b) further notes that:

(i) Sweden’s leading gender clinic has ended treatment of minors with hormonal drugs due to safety concerns, citing cancer and infertility, and

(ii) suicide mortality rate for transgendered people is 20 times higher than comparable peers;

(c) supports children presenting with GD to be given:

(i) the ‘wait and see’ method as the first choice, since evidence shows between 70-90% of young people’s dysphoria resolves itself by puberty, and

(ii) a comprehensive therapeutic pathway, since a large percentage of these children have pre-existing mental health issues, and not a medical pathway; and

(d) condemns the practice of children receiving:

(i) experimental and unproven medical treatments of irreversible puberty blockers and sex hormone treatments, and

(ii) irreversible transgender surgery.’

This is the easiest LGBTIQ election promise a political party could make. But the Morrison Government still probably won’t commit to it.

Problem: Transgender and intersex workers are not explicitly protected under the Fair Work Act 2009 (Cth).

While discrimination on the basis of sexual orientation, gender identity and intersex status are all prohibited under the Sex Discrimination Act 1984 (Cth), only sexual orientation is included as a relevant attribute in the Fair Work Act for the purposes of protections against ‘adverse action’ (section 351(1)), and ‘unlawful termination’ (section 772(1)(f)), as well as in sections covering the contents of awards (section 153) and enterprise agreements (section 195), and the functions of the Fair Work Commission (section 578(c)).

This means that while the ability of lesbian, gay and bisexual workers to bring complaints to the Fair Work Commission (FWC) is certain, there is significant doubt about whether trans, nonbinary and intersex employees can do the same.

In practice, a trans worker who is mistreated in the workplace because of their gender identity, or an intersex employee who is fired on the basis of their sex characteristics, may be unable to have their issue resolved quickly and at low cost via the FWC, and instead be forced to go through a much less timely, and potentially more expensive, complaint to the Australian Human Rights Commission (and then in federal court after that).

This is a completely unjustified discrepancy in the rights of LG and B Australians on one hand, and transgender and intersex people on the other, and it must be resolved.

Solution: Amend the Fair Work Act to explicitly protect transgender and intersex workers.

Simple, right? Well, it certainly should be.

Sadly, however, the Liberal/National Government has proven itself to be completely uninterested in doing anything to address this most straightforward of problems.

I have been raising the lack of explicit protections for trans, nonbinary and intersex workers in the Fair Work Act since Malcolm Turnbull was Prime Minister. And on multiple occasions since then, to multiple Attorneys-General.

Not only have they refused to take action, but last September current Attorney-General Michaelia Cash, and the Morrison Government generally, voted *against* amendments to the Fair Work Act which would have, at a minimum, brought it into line with Sex Discrimination Act (SDA).

What makes that vote even more disappointing is the then Opposition, under Tony Abbott, had actually voted in favour of protecting transgender and intersex people in the SDA back in 2013 – meaning the Liberal/National Coalition has gone *backwards* in its support for these groups in the subsequent eight years.

In any event, with the election expected to be called today (and at the latest by Monday 18 April), it is clear the lack of explicit protections for trans, nonbinary and intersex workers in the Fair Work Act will not be addressed this term.

In which case, I think we should ensure that finally addressing this problem is made an election issue for the upcoming poll (on May 14 or 21).

What policy commitments do we want?

From my perspective, any election commitment on this issue should comprise four, inter-related parts.

First, a commitment to ensure the Fair Work Act explicitly covers trans, nonbinary and intersex workers.

Second, a commitment to use best practice terminology to do so.

This includes adding a protected attribute of ‘gender identity’, using the definition in section 4 of the Sex Discrimination Act (‘the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth’) as a starting point, and finalised in consultation with trans community organisations.

However, while the SDA currently uses the protected attribute ‘intersex status’ (defined in section 4 as ‘the status of having physical, hormonal or genetic features that are (a) neither wholly female nor wholly male; or (b) a combination of female and male; or (c) neither female nor male’) this is no longer supported by the intersex community, at least in part because it has been interpreted by some as relating to identity rather than biology.

Instead, the best practice terminology is now ‘sex characteristics’, as called for in the historic March 2017 Darlington Statement, and most recently defined in the Equal Opportunity Act 2010 (Vic) as:

‘a person’s physical features relating to sex, including-

(a) genitalia and other sexual and reproductive parts of the person’s anatomy; and

(b) the person’s chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty.’

The definition of sex characteristics should also be finalised in consultation with intersex community organisations, particularly Intersex Human Rights Australia.

Third, if the attribute of ‘sex characteristics’ is added to the Fair Work Act, the Parliament should use the same opportunity to update the Sex Discrimination Act, replacing the protected attribute of intersex status with sex characteristics.

Fourth, a commitment to make these reforms within the first 12 months of the next Parliamentary term.

This discrepancy has existed since the passage of the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, in June of that year.

Which means by mid-2023 it would have been a full decade of trans, nonbinary and intersex workers having less clear, and potentially lesser, workplace rights than lesbian, gay and bisexual employees.

That is far too long for workers to wait for what are basic protections, making a request that it be fixed in the next year entirely reasonable.

In this context, today I sent the below emails to the Government, Opposition and Greens.

The email to the Government highlights their rejection of amendments to the Fair Work Act in September last year, and asks them to take concrete action to protect trans, nonbinary and intersex workers as a matter of urgency.

The email to the Opposition welcomes their vote to support adding ‘intersex status’ to the Fair Work Act last September, while calling on them to go further, and commit to instead add the protected attribute of ‘sex characteristics’ if they form Government.

Finally, the email to the Greens thanks them for their leadership on this issue to date (it was their amendments that were voted on last year) and urges them to continue to prioritise this reform in the upcoming term of Parliament.

*****

Senator the Hon Michaelia Cash

Attorney-General

Via email: senator.cash@aph.gov.au

10 April 2022

Dear Senator Cash

Please commit to protecting trans, nonbinary and intersex workers in the Fair Work Act 2009 (Cth)

All workers should be protected against adverse action, and unlawful termination, on the basis of who they are.

These protections must include transgender and intersex employees.

As you are aware, these groups are not explicitly covered by relevant provisions of the Fair Work Act 2009 (Cth), unlike other protected attributes like race, sex, age, disability, religious belief and even sexual orientation.

In this context, it was extremely disappointing that you, and other Government Senators, voted to reject straight-forward amendments to address this discrepancy in September 2021, thus leaving the position of trans, nonbinary and intersex workers unclear.

In light of the upcoming federal election, I call on you, and the Liberal/National Coalition, to unequivocally commit to fixing this problem as a matter of priority next term.

Not only would this be the right thing to do in principle, it would also be consistent with the actions of the then Abbott Opposition in 2013 (of which you were a member), to support the prohibition of discrimination on the basis of gender identity and intersex status in the Sex Discrimination Act 1984 (Cth).

A commitment in four, inter-related parts

From my perspective, this commitment should include the following four, closely-linked, elements:

First, a commitment to protect transgender and intersex workers on exactly the same basis as other groups.

Second, a commitment to add the protected attributes of ‘gender identity’ (based on the definition in the Sex Discrimination Act, and finalised in consultation with transgender community groups) and ‘sex characteristics’ (which is now best practice rather than intersex status, based on the recently-added definition in the Equal Opportunity Act 2010 (Vic), and finalised in consultation with Intersex Human Rights Australia) to the Fair Work Act.

Third, a commitment to use the same legislation to replace the protected attribute of intersex status in the Sex Discrimination Act with the best practice terminology sex characteristics.

Fourth, a commitment to complete the above steps within the first 12 months of the next Parliamentary term, especially given trans, nonbinary and intersex workers have been waiting for these protections since mid-2013.

I look forward to receiving your response to this correspondence, and sincerely hope you are able to provide clear promises on these issues on behalf of the Morrison Liberal/National Government.

Please note that, as your commitments (or lack of commitments) on the above will be in the public interest, I will publish the contents of any response I receive on my personal website: www.alastairlawrie.net

Sincerely,

Alastair Lawrie

*****

The Hon Mark Dreyfus QC MP

Shadow Attorney-General

Via online contact form 

10 April 2022

Dear Mr Dreyfus

Please commit to protecting trans, nonbinary and intersex workers in the Fair Work Act 2009 (Cth)

All workers should be protected against adverse action, and unlawful termination, on the basis of who they are.

These protections must include transgender and intersex employees.

As you are aware, these groups are not explicitly covered by relevant provisions of the Fair Work Act 2009 (Cth), unlike other protected attributes like race, sex, age, disability, religious belief and even sexual orientation.

In this context, the ALP’s support for amendments in September 2021 to add gender identity and intersex status as protected attributes in the Fair Work Act was obviously welcome, although it was disappointing this did not extend to supporting the best practice terminology of sex characteristics.

In light of the upcoming federal election, I call on you, and the Australian Labor Party, to commit to protecting trans, nonbinary and intersex workers as a matter of priority next term.

Not only would this be the right thing to do in principle, it would also be consistent with, and build on, one of the major achievements of the most recent Labor Government, the passage of the historic Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (during your term as Attorney-General).

A commitment in four, inter-related parts

From my perspective, this commitment should include the following four, closely-linked, elements:

First, a commitment to protect transgender and intersex workers on exactly the same basis as other groups.

Second, a commitment to add the protected attributes of ‘gender identity’ (based on the definition in the Sex Discrimination Act, and finalised in consultation with transgender community groups) and ‘sex characteristics’ (which is now best practice rather than intersex status, based on the recently-added definition in the Equal Opportunity Act 2010 (Vic), and finalised in consultation with Intersex Human Rights Australia) to the Fair Work Act.

Third, a commitment to use the same legislation to replace the protected attribute of intersex status in the Sex Discrimination Act with the best practice terminology sex characteristics.

Fourth, a commitment to complete the above steps within the first 12 months of the next Parliamentary term, especially given trans, nonbinary and intersex workers have been waiting for these protections since mid-2013.

I look forward to receiving your response to this correspondence, and sincerely hope you are able to provide clear promises on these issues on behalf of the Albanese Labor Opposition.

Please note that, as your commitments (or lack of commitments) on the above will be in the public interest, I will publish the contents of any response I receive on my personal website: www.alastairlawrie.net

Sincerely,

Alastair Lawrie

*****

Senator Janet Rice

Australian Greens

Via email: senator.rice@aph.gov.au

10 April 2022

Dear Senator Rice

Lack of explicit protections for trans, nonbinary and intersex workers under the Fair Work Act 2009 (Cth)

Thank you for your ongoing leadership on this issue in the Commonwealth Parliament.

This includes regularly raising the lack of explicit protections for transgender and intersex employees in the Fair Work Act 2009 (Cth) during Senate Estimates hearings.

Most importantly, thank you for introducing amendments to the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 in September last year which, at best, would have added gender identity and sex characteristics as protected attributes to the Fair Work Act or, at a minimum, would have included gender identity and intersex status instead.

As you know, I shared your disappointment when neither set of amendments was successful.

However, I also share your passion to ensure this work is finally completed.

For your information, and in light of the upcoming federal election, this morning I have written to both the Attorney-General and Shadow Attorney-General calling on the Government and Opposition respectively to promise the following:

First, a commitment to protect transgender and intersex workers on exactly the same basis as other groups.

Second, a commitment to add the protected attributes of ‘gender identity’ (based on the definition in the Sex Discrimination Act, and finalised in consultation with transgender community groups) and ‘sex characteristics’ (which is now best practice rather than intersex status, based on the recently-added definition in the Equal Opportunity Act 2010 (Vic), and finalised in consultation with Intersex Human Rights Australia) to the Fair Work Act.

Third, a commitment to use the same legislation to replace the protected attribute of intersex status in the Sex Discrimination Act with the best practice terminology sex characteristics.

Fourth, a commitment to complete the above steps within the first 12 months of the next Parliamentary term, especially given trans, nonbinary and intersex workers have been waiting for these protections since mid-2013.

Ideally, both major parties will commit to protecting the rights of trans, nonbinary and intersex workers, and this reform will be passed quickly and on a bipartisan basis.

However, in the event that neither of the major parties is willing to make these promises, or that they do but do not follow through on them with appropriate and timely action, I urge you to continue fighting on this issue.

In particular, if no amendments are forthcoming by mid-2023, I call on you to reintroduce your amendments to the Fair Work Act either as part of a relevant legislative package, or via a private members Bill.

I look forward to receiving your response to this correspondence.

As with my emails to the Government and Opposition, please note that, as your response on the above will be in the public interest, I will publish the contents of any correspondence I receive on my personal website: www.alastairlawrie.net

Sincerely,

Alastair Lawrie

*****

Update, Sunday 8 May 2022:

On Friday (6 May) I received the following response from Greens Senator, and LGBTIQA+ spokesperson, Janet Rice:

Dear Alistair Lawrie

Thank you for your correspondence of 10 April 2022, in relation to improvements to antidiscrimination legislation, in order to protect members of LGBTIQA+ communities.
I would like to thank you for your tireless and important advocacy on such important issues, and in particular the legal expertise you have brought to issues which have such crucial importance for people’s lives.

Let me re-affirm the Greens’ commitment to fighting for LGBTIQA+ rights, as set out in our policy.

We will continue to advocate for the necessary changes to the Fair Work Act 2009 to ensure that workers who are trans or have intersex variations are protected on the same basis as other groups. That should include appropriate definitions in relation to gender identity and sex characteristics, developed in consultation with relevant communities. Those changes should also be accompanied by relevant updates to the Sex Discrimination Act 1984 as needed.

As you are aware, the Greens have a significant opportunity in this Parliament to achieve balance of power, potentially in both the House of Representatives and the Senate. We will continue to advocate as forcefully as we are able to, for these changes and others to protect the rights of LGBTIQA+ people.

Yours sincerely

Senator Janet Rice
Australian Greens LGBTIQA+ spokesperson

This is obviously encouraging, including commitments to advocate for the introduction of gender identity and sex characteristics as protected attributes in the Fair Work Act, with definitions to be developed in consultation with trans and intersex communities.

Disappointingly, I am yet to receive any response from either Senator Cash on behalf of the Government, or Mark Dreyfus on behalf of the Australian Labor Party.

Today I have written again to both, asking for any response to be provided by Sunday 15 May, so that they can be published prior to the election. I will obviously update this post if and when any such response is received.

*****

Update Wednesday 18 May:

Well, the update is really that there is nothing to update.

Unfortunately, despite writing again to both the Attorney-General Michaelia Cash and her Shadow Mark Dreyfus, I have received no response from either the Morrison Liberal/National Coalition, or the Albanese Labor Party. Which is perhaps not surprising in the case of the former (given they voted against protecting trans, gender diverse and intersex workers in the Fair Work Act in September last year), but is more disappointing in the case of the latter given they actually supported including gender identity and intersex status as protected attributes at a minimum (although need to go one step further by supporting the best practice terminology of sex characteristics).

I will of course update the post further if any response is received between now (COB Wednesday) and the opening of polls on Saturday morning.

NB This post is written in a personal capacity, and does not reflect the views of employers past or present.

Commonwealth Attorney-General Michaelia Cash and Shadow Attorney-General Mark Dreyfus

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