Trans advocates have welcomed one judge’s decision as heralding greater protections, but some say forcing inclusion is ‘authoritarian’
The judge in Roxanne Tickle’s case found sex is changeable and also went a step further, finding that how a person identifies and is recognised socially is enough to access gender identity protections.The judge in Roxanne Tickle’s case found sex is changeable and also went a step further, finding that how a person identifies and is recognised socially is enough to access gender identity protections.
There are provisions in the SDA that carve out space for lawful discrimination for the purpose of advancing equality. One example of this is affirmative action in workplaces and universities. Another example is the controversial religious discrimination laws that allow some schools to discriminate against LGBTQ+ students and staff.
“The judge has recognised the law and norms in society have developed … trans women are women and should have access to services on the same basis as all women based on their self-identification.” Anna Kerr, principal solicitor with the Feminist Legal Clinic, which is representing the Lesbian Action Group, says the finding against Giggle means freedom of speech and association protections for lesbians are more important than ever.
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