Letter to WA Political Parties re Anti-Discrimination and Birth Certificate Reform

The writs for the Western Australian state election will be issued at 6pm today (3 February 2021). The upcoming poll, on Saturday 13 March, is an opportunity to make long-overdue progress on a range of important policy issues affecting the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

As with elections last year in the Northern Territory, Australian Capital Territory and Queensland, I am writing to political parties contesting the WA election asking for their commitments on LGBTI law reform.

While there are a variety of different policy issues that must be addressed, my letter focuses on two areas where I have the most expertise:

  • Reform of the Equal Opportunity Act 1984 (WA),[i] and
  • Changes to identity documentation for trans and gender diverse people.[ii]

This letter has been sent to the leaders of the WA Labor Party, Liberal Party and National Party, as well as to all MLCs from other parties: The Greens; One Nation; Liberal Democrats; Shooters, Fishers and Farmers; and Western Australia Party. As with previous elections, I will post any responses I receive from these parties below.


Given the upcoming Western Australian state election, I am writing to ask about your Party’s positions on two important issues for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

I do so as a long-term advocate for the LGBTI community, including via my website www.alastairlawrie.net where I focus on anti-discrimination and anti-vilification law reform around Australia, among other topics.

The first issue I would like to ask about is reform of the Equal Opportunity Act 1984 (WA), which is necessary to address its serious shortcomings in relation to discrimination against and vilification of LGBTI people in Western Australia. Specifically:

  1. Will you protect intersex people against discrimination by introducing a new protected attribute of ‘sex characteristics’?
  2. Will you protect all trans and gender diverse people against discrimination by replacing the current inappropriate, ineffective and outdated protected attribute of discrimination against ‘a gender reassigned person on gender history grounds’ with a protected attribute of ‘gender identity’?
  3. Will you protect LGBT students, teachers and other staff at religious schools against discrimination by removing the special privileges which currently allow them to discriminate?
  4. Will you protect LGBT employees at, and people accessing services from, religious organisations in health, housing and other community services against discrimination by amending religious exceptions generally, based on the best practice approach in Tasmania’s Anti-Discrimination Act 1998?
  5. Will you protect LGBTI people against hate speech by introducing prohibitions on vilification on the basis of sexual orientation, gender identity and sex characteristics?

The second issue I would like to ask about is access to identity documentation, including birth certificates, for trans and gender diverse people, which is another area where Western Australia’s legislative approach has fallen far behind most other jurisdictions. Specifically:

  1. Will you allow trans and gender diverse people to update their birth certificates and other identity documents without requiring surgery, other medical treatments or counselling?
  2. Will you allow trans and gender diverse people to update their birth certificates and other identity documents based on self-identification alone?
  3. Will you allow trans and gender diverse people to update their birth certificates and other identity documents by identifying as male, female, non-binary or ‘other, please specify’, in line with recent reforms in both Tasmania and Victoria?

Thank you in advance for your prompt consideration of this request. Please note that any answers provided will be published via my website, to assist LGBTI people in Western Australia make an informed choice on Saturday 13 March.

Please do not hesitate to contact me, at the details provided, should you require clarification of the above.


Alastair Lawrie


Update: 13 February 2021

During the week, I received the first formal Party response to the above correspondence, from the WA Greens. Their commitments are reproduced below:

Dear Alastair

Thank you for your email to WA Greens MPs.

I am pleased to advise that the Greens are committed to removing discrimination on the grounds of gender identity or sexuality from all federal and state laws. We want the process for legal recognition of gender in Western Australia to be simplified and for Western Australian birth certificates to have an X gender marker, in line with most of the rest of Australia.

The Greens (WA) will encourage and support legislation and actions that ensure that intersex and transgender people, without undertaking surgeries, are able to alter their sex on all official documents, consistent with how they live and identify, and irrespective of their marital status.

As the Member for the North Metropolitan Region and Greens (WA) spokesperson I have been a long term advocate in this space. In 2018 I introduced a Private Members Bill into the WA Legislative Council, the Equal Opportunity (LGBTIQ Anti-Discrimination) Amendment Bill 2018, seeking to end discrimination against LGBTIQ parents, students and staff by religious schools. Disappointingly, this bill has not received the support necessary from other political parties for it to be passed and to become law.

The Greens will continue to fight to remove all exceptions in the Equal Opportunity Act that permit discrimination against people on the basis of their gender identity and/or sexuality.

If you would like more information, the Greens (WA) Sexuality & LGBTQIA+ Issues and Gender Identity policies provide more information about our party’s commitments in these areas.

The Greens have also proposed a WA Charter of Rights to provide further protections against rights-based infringements including discrimination.

Thank you for your interest and advocacy in this important area.

Kind regards


Hon Alison Xamon MLC (BA, LLB, Cert IV HS, Cert Adv Arb)

Member for the North Metropolitan Region, Legislative Council, Parliament of Western Australia


Update: 25 February 2021

On Tuesday (23 February 2021), I received the following reply from the Leader of the WA Nationals, Mia Davies, which, as you will see, does not give specific commitments on either LGBTI anti-discrimination law reform or improved access to birth certificates for trans and gender diverse people – other than that Nationals MPs would be granted conscience votes on both issues.

Dear Mr Lawrie


Thank you for your correspondence dated 3 February 2021. I appreciate your advocacy in relation to LGBTI legislation and the need for reform.

One of the founding principles of The Nationals WA is that regional West Australians deserve access to relevant services and protections against discrimination, regardless of their postcode. As you would be aware the day-to-day issues faced by LGBTI people are often exacerbated by remoteness and isolation from services and support networks.

If legislation to resolve the issues raised was introduced to Parliament, voting on it would be a matter of conscience for Members of The Nationals WA team. I encourage you to send your questions to each local candidate in The Nationals WA team for their individual responses. Their details can be found on our website http://www.nationalswa.com/

Although not specific to LGBTI individuals and families, The Nationals WA have made the following election commitments to date which may be of interest:

-$15 million for an office of the State Rural Health Commissioner, to complement the work done at a national level. This office would be independent of Government, providing advice and reporting on rural and regional health concerns.

-$140 million for regional mental health services, including demographically targeted funding for regional community support hours.

Further details on these and other election commitments can be found on our website.

Yours sincerely

Hon Mia Davies MLA



[i] For example, see What’s wrong with Western Australia’s Equal Opportunity Act 1984?  and A Quick Guide to Australian LGBTI Anti-Discrimination Laws.

[ii] For example, see Identity, Not Surgery and Did You Know? Trans People in NSW and Queensland Still Require Surgery to Update Their Birth Certificates.

Letter to State and Territory Labor Leaders Calling for Them to Support a Binding Vote for Marriage Equality

It is now almost three months since I wrote to the Federal Opposition Leader, Bill Shorten, calling on him to take the lead on marriage equality by supporting a binding vote within the Labor Party (https://alastairlawrie.net/2015/01/24/bill-shorten-will-you-lead-on-marriage-equality/ ).

While I continue to wait for a response to that correspondence, we should remember there are other parliamentary leaders of the Labor Party in Australia, who also have a duty to stand up for the lesbian, gay, bisexual, transgender and intersex (LGBTI) members of their respective communities, and for the LGBTI members of their state and territory branches of the ALP.

The following is my letter to these leaders, asking them to support a binding vote for marriage equality in the lead-up to the National Conference in July (with a slightly more detailed letter sent to the first out parliamentary leader of a Labor Party in Australia, and the first out head of any Australian Government, ACT Chief Minister Andrew Barr).

Mr Luke Foley, MP

Leader of the NSW Opposition

Parliament House

Macquarie Street



Monday 20 April 2015

Dear Mr Foley


As you are aware, there are now approximately three months left until the 2015 National Conference of the Australian Labor Party.

One of the issues to be considered at this event is actually unfinished business from the previous National Conference, held in December 2011, and that is the position that the ALP adopts on marriage equality.

While that gathering took the welcome step of making support for marriage equality an official part of the platform, it also immediately undermined that policy stance by ensuring all MPs were to be given a conscience vote when it came before Parliament.

That decision – to ‘support’ marriage equality, but then make that support unenforceable – guaranteed that any Bill would fail in the last Commonwealth Parliament, and continues to make passage in the current Parliament extremely difficult (even with any Liberal Party conscience vote).

However, you, and the delegates to this year’s National Conference, have the opportunity to help right that wrong. And make no mistake, the conscience vote is inherently wrong, not just because of its practical impact in making legislative change unobtainable, but also because it is unprincipled, and un-Labor.

Having a conscience vote on something like marriage equality, which is a matter of fundamental importance for many members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, says that our human rights are optional, our equality is optional.

A conscience vote makes it clear that homophobia, biphobia, transphobia and intersexphobia are acceptable, that the second-class treatment of our relationships is officially condoned, that Labor Party MPs are free to treat LGBTI Australians as ‘lesser’ simply because of who we are. In essence, a conscience vote on marriage equality is unconscionable.

A non-binding vote on marriage equality is also ‘un-Labor’ because it is contrary to the principles of collective organising upon which the party is founded. The idea of solidarity is supposed to reflect core philosophy, not simply act as an empty slogan, and definitely not something that is abandoned simply because some caucus members cannot abide the thought LGBTI people might enjoy the same rights that they do.

A conscience vote on this issue, from a party that adopts binding votes on nearly everything else (from refugee policy to metadata and almost all things in between), also makes it difficult for the Australian community, and the LGBTI community in particular, to take the platform position in favour of marriage equality seriously.

This is something that can, and must, be changed at this year’s National Conference, given only it has the power to introduce a binding vote in favour of marriage equality for all ALP MPs.

Acknowledging that there will be groups both inside and outside the ALP who will strongly oppose any moves to support full LGBTI equality, achieving a binding vote on marriage equality will be difficult, and therefore requires the support of parliamentary leaders within the party who are willing to do just that, to ‘lead’.

Which makes the question at the heart of this letter: as leader of the NSW parliamentary Labor Party, will you help lead on marriage equality?

It’s time for you, and the other state and territory leaders, to use the influence of your positions to help support a binding vote in favour of marriage equality, thereby declaring once and for all that LGBTI human rights are not optional, that LGBTI equality is absolutely not optional.

Doing so would signal to the many hundreds of LGBTI members of the NSW ALP, and the many, many thousands of LGBTI members of the NSW community, that the Labor Party will stand up for all people, irrespective of sexual orientation, gender identity or intersex status.

Adopting a binding vote for marriage equality would send an incredibly powerful message, showing that the modern Labor Party is a genuinely inclusive, and genuinely progressive, political movement, and one that is fit to lead in the 21st century – and simultaneously show how backwards, and out-of-touch, the Liberal and National Parties are on this issue.

In short, the option to support a binding vote on marriage equality is full of opportunity, with multiple benefits and few, if any, adverse consequences. I sincerely hope it is an opportunity you, and other state and territory Labor leaders, are willing to grasp, and grasp firmly.

If you do, you can help make marriage equality a genuine possibility in 2016 or early 2017, rather than something which will continue to be delayed until 2018, 2019 or even into the 2020s.

For the benefit of my fiancé Steve and myself, and the thousands of other LGBTI-inclusive couples who are still waiting for the same right to marry which other couples can simply take for granted, please support a binding vote in favour of marriage equality at the 2015 National Conference, and help make our long-overdue weddings a reality.


Alastair Lawrie

NSW Opposition Leader Luke Foley, who announced he supported marriage equality in February. Will he now back that up with support for a binding vote to help make marriage equality a reality?

NSW Opposition Leader Luke Foley, who announced he supported marriage equality in February 2015. Will he now back that up with support for a binding vote within the Labor Party to help make marriage equality a reality?

Additional letters sent to:

The Hon Daniel Andrews Premier of Victoria Level 1, 1 Treasury Place East Melbourne VIC 3002 daniel.andrews@parliament.vic.gov.au

The Hon Annastacia Palaszczuk MP Premier of Queensland Level 15, Executive Building 100 George Street BRISBANE QLD 4000 thepremier@premiers.qld.gov.au

The Hon Mark McGowan MLA Leader of the WA Opposition Parliament House Perth WA 6000 leader@loop.wa.gov.au

The Hon Jay Weatherill MP Premier of South Australia GPO Box 2343 ADELAIDE SA 5001 Online contact form: http://www.premier.sa.gov.au/index.php/contact

The Hon Bryan Green MLA Leader of the Tasmanian Opposition House of Assembly Parliament House Hobart TAS 7000 bryan.green@parliament.tas.gov.au

Mr Andrew Barr MLA ACT Chief Minister GPO Box 1020 Canberra ACT 2601 barr@act.gov.au

Mr Michael Gunner MLA Leader of the NT Opposition GPO Box 3700 Darwin NT 0801 opposition.leader@nt.gov.au

* And a very rapid response from the ACT Chief Minister Andrew Barr, confirming his support for a binding vote: