Australian Human Rights Commission denies exemption for lesbian group to exclude men

October 12, 2023

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Lesbian Action Group (“LAG”) is a radical feminist lesbian organization in Australia. It applied to the Australian Human Rights Commission (“the Commission”) for an exemption from the Sex Discrimination Act 1984. If granted, this exemption would allow LAG to host an event restricted to “female born lesbians.” In other words, they would be permitted to exclude men from their lesbian event.

Lesbian Bill of Rights International (LBOR International) is an international network of radical feminist lesbian organizations that have adopted the Lesbian Bill of Rights (LBOR), written by the WDI USA Lesbian Caucus. It defines relevant terms, including “woman,” “man,” and “lesbian”; and describes lesbian reality, lesbian rights, and lesbian political potential consistent with radical feminist principles. LBOR International submitted a letter in support of LAG’s application, which has since been posted on the Commission’s website, here. 

On September 25 the Commission issued a “preliminary view” on LAG’s application, consisting mainly of nonsensical assertions denying the material reality of sex. It read, in part:

7.41 The Commission is not persuaded it is appropriate and reasonable to: • make distinctions between women based on their cisgender or transgender experience, or among same-sex attracted women based on the exclusivity of their same-sex attraction at an event of this kind, or • exclude same-sex attracted women who are transgender, bisexual and queer from an event of this kind.

7.42 The Commission notes that the grant of this exemption may lead to the further exclusion of and discrimination against same-sex attracted transgender women. Transgender women are a group who have and continue to experience discrimination, harassment and social exclusion.

LBOR International then submitted another statement in support of LAG. All of these statements can be found on the website of Women’s Declaration International USA, here.

This morning we learned that the Commission has now officially denied LAG’s application.

This is an appalling denial of the human rights of lesbians. My understanding is that LAG is now weighing its options and deciding whether to appeal. If they do, I certainly hope they prevail.