In a significant ruling for LGBTQ+ rights, an Australian tribunal has determined that a Victorian lesbian group cannot lawfully exclude transgender and bisexual women from its public events. The decision, handed down late Monday, upholds an earlier finding by the Australian Human Rights Commission and deals a blow to the small but vocal Lesbian Action Group (LAG) that sought the right to bar certain individuals from its gatherings.
The case dates back to 2023, when the LAG applied to the commission for a five-year exemption under the Sex Discrimination Act. The group argued that it should be allowed to refuse entry to transgender and bisexual women, claiming this was necessary for the advocacy and wellbeing of its lesbian feminist members. But the commission denied the request, prompting the LAG to elevate the matter to the administrative appeals tribunal, now known as the administrative review tribunal.
Tribunal Rules Against Exclusion
In his finding, tribunal member Stewart Fenwick upheld the commission’s original decision. He pointed out that the LAG was seeking to “actively discriminate against another group in the community identifiable by their gender identity,” a characteristic protected under the Sex Discrimination Act alongside sex and sexual orientation.
Endorsing overt acts of discrimination cannot be the intended effect of exemptions within the act.
– Stewart Fenwick, administrative review tribunal member
The tribunal referenced the landmark Tickle v Giggle federal court case from August 2022, which affirmed that transgender women are women and should have access to women’s services, including events like those organized by the LAG. Refusing them entry would constitute unlawful discrimination under Australian law.
Disappointing Outcome, Group Says
Nicole Mowbray, speaking on behalf of both the LAG and the Lesbian Gay Bisexual Alliance Australia, called the ruling “extremely disappointing” and said the group was considering whether to launch an appeal. During hearings in September, the LAG’s seven members insisted they needed the ability to hold public events, as private gatherings are not subject to the same anti-discrimination statutes.
Exclusion Could Heighten Health Risks
For its part, the Human Rights Commission contended that allowing the lesbian group to block transgender women could exacerbate already elevated health risks within that population. Transgender Australians experience higher rates of depression, anxiety, substance abuse and suicide compared to the general public, issues that are compounded by social rejection and discriminatory policies.
- 48% of trans Australians have attempted suicide in their lifetime
- 74% have been diagnosed with depression
- 72% have been diagnosed with anxiety
Enabling exclusion and discrimination, even in limited circumstances, can reinforce stigma and negatively impact mental health outcomes for transgender and gender diverse people.
– Human Rights Commission submission
Decision Upholds Equality
LGBTQ+ advocacy groups have praised the tribunal’s decision as a victory for equality and inclusion. By affirming that lesbian organizations cannot discriminate against transgender women, even via a Sex Discrimination Act exemption, the ruling establishes a clear legal standard and aligns with best practices already adopted by most community groups.
| COMPLIANT POLICY | DISCRIMINATORY POLICY |
| Welcomes all queer women | Excludes trans and bi women |
| Promotes unity and equity | Sends message of rejection |
| Follows Australian law | Violates anti-discrimination act |
While disappointing to a small cohort intent on exclusion, the administrative appeals tribunal ruling ultimately protects transgender and bisexual women from facing discrimination in public LGBTQ+ spaces. More fundamentally, it upholds human rights principles and sends a message that equality under the law is not optionally extended to some, but is an essential guarantee afforded to all.
