"Justice Moshinsky found that exemptions to the Sex Discrimination Act could be allowed even if they permitted conduct that would otherwise be discriminatory. He ruled that the tribunal was wrong to say that discriminating against transgender women would automatically be unlawful, as he believed it is possible that the discrimination could result in a 'positive' outcome."
"Following Justice Moshinsky's ruling, the Lesbian Action Group expressed their happiness on social media, stating, 'So, the judgment is out and we are VERY happy! We are so grateful to our legal team and all the wonderful supporters on X, here in Australia and around the world!'"
"Heather Corkhill, legal director of Equality Australia, commented that the ruling was only a technical win, emphasizing that the court has not endorsed discrimination against trans women."
A Federal Court in Australia has permitted the Lesbian Action Group to appeal for a five-year exemption to the Sex Discrimination Act, allowing them to ban trans women from public events. This decision follows previous attempts by the group to secure such an exemption, which were rejected. Justice Moshinsky ruled that exemptions could be granted even if they allow discriminatory conduct. The case will be reconsidered by the Administrative Review Tribunal, although the group cannot yet enforce the ban.
Read at PinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news
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