A Federal politician has put forward a private member’s bill to change the legal definition of a man and a woman to be defined purely by sex at birth.
Nationals MP Alison Penfold put forward a private member’s bill and petition to change the act.
How this will pan out in employment law, is anyone’s guess.
In what is news to most, Australia’s sex discrimination commissioner, Dr Anna Cody, says women have fought for decades not to be defined by their biological sex.
“The women’s movement has fought for centuries to avoid being defined only by biology,” she said.
“It sends a strong message to a tiny, marginalised, disadvantaged community which is less than one per cent of the population that they’re not welcome, their needs aren’t important, and that their right to be welcome and included in society is not being respected,” Dr Cody said.
Currently a person’s sexual status is defined by the academic terms ‘gender’ and not sex status at birth.
Ms Penfold’s bill comes after Giggle for Girls founder Sall Grover lost her appeal against transsexual woman Roxanne Tickle in the federal court.
The court found that Ms Grover had discriminated against Ms Tickle by banning her from the women-only app.
Ms Penfold said the case highlighted the need to protect the rights of “biological women”.
The issue was brought to her three years ago by anti-trans activist Kirralie Smith, also from her northern New South Wales electorate.
“The court now has to interpret whether sex or gender identity prevails where there is a conflict,” Ms Penfold said.
“Women should not be silenced into submission to accept a law that takes away their right to say ‘no’ to men.”
The definition of man and woman was altered in the Sex Discrimination Act in 2013 under the Gilliard Government, to acknowledge and enhance protections for gender-diverse people.
Grover said her Federal Court case, Giggle v Tickle, exposed the ‘madness’ when a women-only app was ruled unlawful for excluding a man who claims and has transitioned to be a woman.
Lesbian groups are also fighting in court to legally exclude transgender women from its public events.
Ms Penfold’s bill needs to pass the Labor-controlled House of Representatives and the Senate before being implemented.