Australia's Sex Discrimination Commissioner slams bill to redefine gender based on biology

Australia's Sex Discrimination Commissioner, Dr. Anna Cody, has strongly condemned a private member's bill that seeks to redefine "man" and "woman" in the Sex Discrimination Act based purely on biological sex. Dr. Cody expressed fears that the bill, introduced by Nationals MP Alison Penfold, would erode the rights of all women and significantly harm the LGBTQI+ community.

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The women's movement has fought for centuries to avoid being defined only by biology. We know that being a woman has many aspects to it, and that biological aspect is one part of it, but not the entirety of it.

Her office was not consulted on the bill, which could restrict transgender women from accessing single-sex spaces such as bathrooms, change rooms, gyms, sporting groups, and prisons. Dr. Cody described the proposed legislation as a "retrograde step" for women, emphasizing that the women's movement has fought for centuries to ensure women are not defined solely by their biology. "We know that being a woman has many aspects to it, and that biological aspect is one part of it, but not the entirety of it," she stated.

The commissioner argued that the bill creates a "false competition" between women's rights and transgender rights, while disproportionately harming a marginalized community that constitutes less than one percent of the population. She believes the bill sends a message that the needs and rights of transgender individuals are not respected or welcome in society.

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It sends a strong message to a tiny, marginalised, disadvantaged community which is less than one per cent of the population that they're not welcome, their needs aren't important, and that their right to be welcome and included in society is not being respected.

The bill follows a Federal Court decision where Giggle for Girls founder Sall Grover lost an appeal against a trans woman, Roxanne Tickle, whom Grover had discriminated against by banning her from the women-only app. Ms. Penfold cited this case as highlighting the need to protect "biological women," a concern reportedly brought to her by anti-trans activist Kirralie Smith. The definition of man and woman in the Sex Discrimination Act was amended in 2013 to enhance protections for gender-diverse people and acknowledge the scope of gendered discrimination. Ms. Penfold's bill requires passage through both the House of Representatives and the Senate to become law.

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Women should not be silenced into submission to accept a law that takes away their right to say 'no' to men.