A tribunal in Victoria ruled that the Lesbian Action Group could not limit its events to only cisgender women, denying their request for an exemption from the Sex Discrimination Act. The group aimed to exclude transgender and bisexual women, arguing for a temporary exemption similar to a previous case involving the Peel Hotel. However, the ruling emphasized that 'sex' is a broader concept not strictly binaries and that allowing such exclusions could foster further discrimination against transgender individuals.
Under the 2010 Equal Opportunity Act, the state of Victoria can grant temporary exemptions to anti-discrimination laws if it can be proved that the exclusion would "help the act's goal of promoting equal opportunity."
The human rights commission ruled against the group, saying that granting an exemption could lead to further exclusion of, and discrimination against, transgender women.
'The commissioner submits that the word 'sex' is not a biological concept referring to whether a person at birth had male or female physical traits.'
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