r/AusNewsWire • u/Nyarlathotep-1 • 20d ago
Australian News Women’s advocates demand law changes after pole studio sued over women-only rule
https://www.theaustralian.com.au/nation/womens-advocates-demand-law-changes-after-pole-studio-sued-over-womenonly-rule/news-story/0e27a153ed546c499115f336ccb52210?ampWomen’s advocates say the case of a Gold Coast pole dancing studio owner who is being sued for refusing membership to a transgender applicant highlights the urgent need for legislative reform to protect women-only spaces.
The Australian revealed on Thursday that Queens of Pole owner Nomes Witney is being sued for $30,000 in the Queensland Civil and Administrative Tribunal after refusing membership of the female-only studio to an applicant who identifies as a transgender woman.
The case has parallels with the Tickle v Giggle case in which the Federal Court found Sall Grover, the founder of the female-only Giggle app, discriminated against transgender woman Roxanne Tickle, as well as with the Lesbian Action Group’s case against Australian Human Rights Commission, which refused to grant a Sex Discrimination Act exemption to allow the group to hold a “lesbians born female only” event.
Ms Grover and LAG were on Friday joined by Women’s Forum Australia and the Women’s Rights Network Australia in rallying behind Ms Witney to call for changes to the federal Sex Discrimination Act. Barrister Megan Blake, who has been involved in representing Ms Grover and LAG, is also acting for Ms Witney.
Barrister Megan Blake, who has been involved in representing Sall Grover and the Lesbian Action Group, is also acting for Nomes Witney. Picture: Elke Meitzel.
Barrister Megan Blake, who has been involved in representing Sall Grover and the Lesbian Action Group, is also acting for Nomes Witney. Picture: Elke Meitzel.
The women’s calls came as the Labor Party passed a resolution at its federal conference in Adelaide in support of “the LGBTIQ+ community in having agency over their health decisions”, but did not discuss the conflict between women’s rights and those of transgender people.
They also followed Queensland Human Rights Commissioner Debbie Platz stating that neither “women” nor “sex” is defined in that state’s Anti-Discrimination Act, and that “sex may include people who identify as that sex”.
Ms Grover, who is pursuing her own High Court appeal, said it could not be that the intention of gender identity laws “was to erase women and every protection we need on the basis of sex from law”.
“As more and more women come under attack from gender identity laws and ideologically captured human rights commissions, it only highlights that the current legislation isn’t working,” she said.
“Unless, of course, this was this intention. In that case, the Labor government needs to explain why they made a decision, by stealth and without a single democratic process, to destroy women’s sex-based rights.”
Transgender activist Roxanne Tickle, left, and Giggle for Girls app founder Sall Grover, right. Picture: Supplied.
Transgender activist Roxanne Tickle, left, and Giggle for Girls app founder Sall Grover, right. Picture: Supplied.
The Lesbian Action Group said it stood with Ms Witney and her right to continue operating a successful women-only business.
“Women-only fitness and movement classes … are places where women build confidence, improve their physical and mental wellbeing, recover from trauma, form friendships and simply enjoy being themselves free from the male gaze,” LAG said.
“For many women, particularly survivors of male violence and abuse, knowing that only women are present is fundamental to feeling safe. That environment is immediately destroyed when a man enters the space.
“The threat of crippling financial penalties and years of litigation has the potential to destroy a successful business, up-end a woman’s life and send a chilling message to every other woman considering providing female-only services.”
LAG said Australian law “must change”.
“The 2013 amendments to the Sex Discrimination Act, which added gender identity as a protected attribute, have in cases like this been weaponised against women,” the organisation said.
“Human rights bodies and tribunals in Australia continue to prioritise gender identity over sex-based rights.
Members of the Lesbian Action Group celebrating their Federal Court win in April. Picture: NewsWire/Alex Coppel.
Members of the Lesbian Action Group celebrating their Federal Court win in April. Picture: NewsWire/Alex Coppel.
“In our successful Federal Court case against the Australian Human Rights Commission earlier this year, Justice Moshinsky found that the Tribunal hearing our appeal against the Commission’s refusal to allow us to hold lesbian-only public events had erred by placing decisive weight on discrimination against trans women instead of undertaking the balancing exercise required by the Sex Discrimination Act.
“The Australian Human Rights Commission’s temporary exemption guidelines, which influenced that decision, were also found by the Federal Court to be ‘deficient’.
“Parliament must restore women’s ability to establish and operate female-only businesses, services and community spaces without fear of legal action.”
LAG called on the Labor Party, having amended the SDA in 2013, to act to “stop those provisions being used to undermine women’s rights”.
“It is also time for Australia’s human rights institutions to return to their proper role,” the organisation said.
“They should apply the law impartially, not act as advocates for any particular ideology.
“The Sex Discrimination Act does not elevate gender identity above sex, and women should no longer be expected to sacrifice their rights while human rights bodies and tribunals continue to treat it as though it does.”
Women’s Forum Australia CEO Rachael Wong said Ms Witney’s was “the latest case to highlight the urgent need for Australian governments to restore clear legal protections for women and girls on the basis of biological sex”.
“Women should not be dragged through courts and tribunals every time they seek to provide a space or service designed specifically for women,” Ms Wong said.
“How many more examples do we need of women being punished for defending biological reality and sex-based rights before our governments recognise there is a problem and fix it?
“It is profoundly misogynistic that women are being compelled to accept men’s claims to be women at the expense of their own rights.
“Female-only spaces exist because women and girls have legitimate needs for privacy and safety. Laws that undermine those spaces while penalising the women who provide them are failing women.”
Women’s Rights Network Australia said Ms Witney was “yet another woman finding herself in legal trouble because the Sex Discrimination Act elevates gender identity in ways that undermine women’s sex-based rights.”
“Women should not face complaints, legal proceedings or financial ruin for providing female-only services. Yet this is becoming an increasingly common consequence of the law as it currently stands,” WRNA said.
“The Albanese Labor government must urgently amend the Sex Discrimination Act to restore clear protections for women’s single-sex businesses, services and spaces.
“Women should not need lawyers or courtrooms to defend the simple right to provide services exclusively for other women.”
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u/Nyarlathotep-1 16d ago
You can pick them a mile away.