McIver’s Ladies Baths Coogee says only transgender women with reassignment surgery can swim

The country’s only women-only ocean pool is causing waves after taking to its website to declare only transgender women who’ve had surgery can take a dip.

Coogee McIver’s Ladies Baths has banned transgender women who have not had gender-reassignment surgery. Picture: Brianne Makin

A historic women-only ocean pool has caused furore and been accused of exhibiting “trans exclusionary radical feminism” after declaring only post-surgical trans women can swim at the idyllic spot.

McIver’s Ladies Baths, in Sydney’s eastern suburbs, has been reserved for the exclusive use of women and children, including boys under the age of 13, since its inception in 1922.

The pool is on Crown land but is leased by Randwick City Council to the Randwick and Coogee Ladies Swimming Association.

The association-run website as it read originally.

The altered message on the baths website.

The association’s website contained a contentious clause in its FAQs section with has caused outrage for not being inclusive towards transgender women who had yet to undergo gender-reassignment surgery.

“Only transgender women who’ve undergone a gender-reassignment surgery are allowed entry,” the website stated late on Monday.

After the policy was discovered on Monday night and put on social media, the wording was quickly changed after a torrent on comments, both for and against the rule, including hundreds of tweets and almost 3500 Facebook comments.

The current wording states: “McIver’s Ladies Baths has an exemption under the Anti-Discrimination Act awarded in 1995. Only women and children (boys up to 13 years of age) are permitted entry.

“If you wish to make any further inquiries please contact the Randwick City Council.”

It is understood despite the wording on the website, the baths have a long history of use by trans women and the decision on whether or not to let someone in is made by whichever club volunteer is sitting on the door.

According to the association’s website the pool, which allows topless bathing, has been revered as a sacred women-only space by the Aboriginal land owners.

“Prior to colonisation, this site had long been a bathing area and birthing place for women of the local Aboriginal people. It has sacred significance for many Aboriginal women who return to this place, as well as many others who honour traditional ways,” the website reads.

Alright Hey has weighed in on the debate. Picture: Dan Himbrechts

Katie Byron, from Bronte, says all women should be welcomed to the baths. Picture:Justin Lloyd

When approached for comment, one of the volunteers staffing the pool on Tuesday afternoon told the Southern Courier despite the wording, there had never been a rule regarding the exclusion of trans women.

Katie Byron, of Bronte, who visited the baths on Tuesday, said she felt excluding women who may not have had reassignment surgery was wrong.

“I think if somebody believes themselves to be female then we should be accomodating and welcoming,” Ms Byron said.

“It’s just a really different feeling, a different energy and you can feel it’s a secure and safe place. You don’t relaise you don’t get that in a mixed baths until you come here.

“I’d like to think that whoever wants to feel that is able to experience it.”

Many fans of the pool were shocked to discover the clause. Photo by Brianne Makin.

University of Technology Sydney’s Dr Katherine Fallah, an expert in transgender rights and the law, said the ruling was “strange”.

“From a legal perspective, those running the baths are putting themselves in a strange position where they want to determine who fits the definition of a woman,” Dr Fallah said.

Dr Fallah said the association’s revised FAQs where they cited their exemption under the Anti-Discrimination Act also fell short.

“It wouldn’t be acceptable for them to use the exemption to exclude say, Jewish women from the pool or Muslim women from the pool. It wouldn’t be acceptable for them to exclude women on the basis of race either so it wouldn’t be appropriate for them to excude someone the basis of their gender history.”

“It’s not a policy. There is no policy,” the volunteer said.

A Randwick Council spokesperson said the baths were sub-leased to the the Randwick and Coogee Ladies Swimming Association and under its control.

“Randwick Council is an inclusive organisation that values diversity in our community, and have always supported the inclusion of transgender women at McIver’s Ladies Baths,” he said.

“McIver’s Ladies Baths is located on Crown land and sub-leased to the Randwick and Coogee

McIver’s Baths at Coogee is a popular swimming spot. Picture: Karen Edwards

Ladies Swimming Association who are ultimately responsible for management and entry to the baths.

“It is our understanding the association has always had a policy of inclusion and we have been in contact with the management of the baths to ask them to more accurately communicate this inclusive position on the issue on their website.”

Trans woman April Holcombe said she had no idea about the stance of the pool management and was coincidentally considering a swim there last month with a friend which didn’t eventuate due to bad weather.

“Unless the pool makes a full retratction or apology just removing the line is not enough. They are still sending the message loud and clear to trans women this is not a space they are safe or welcome,” Ms Holcombe said.

Social researcher Mark McCrindle said women’s and men’s only zones were on the decline with a “strong trend away from gendered spaces” in Australia.

“Societal values changed to value inclusion and diversity,” Mr McCrindle said.

“If there is a club or board that doesn’t represent the broader community, it’s at odds with it.

“I think other factors as well come into play. We have a whole couple of generations who see no need to have a club that’s men only or women’s only.

“It’s a generation that’s grown up very at ease with mixed company and are looking to have that included in their social or sporting clubs.”

Mr McCrindle said while women’s only clubs were more prevalent in Australia right now than men’s only zones, he expected the number of female spaces to continue to decline.

“What we will probably end up with is an emerging generation of women who feel so empowered because they are unlikely to have seen the glass ceilings of their mothers or grandmothers and so unlikely to fight for women’s only spaces.

“Just as we have seen men’s only spaces diminish, I think that’s a trend we will see across both genders.”

Many regular pool users and trans supporters were similarly shocked to hear about the outcry.

“As a long-time swimmer at the pools, I am really disgusted and upset by this policy. I‘ve always enjoyed McIver’s because I’ve seen it as safe and accessible haven for so many in Sydney. Your website says a ‘safe space for all women’ but this policy says another. Urging those as upset as I am to make a complaint to the council and McIvers,” wrote one woman.

“Transphobia is gross. As is letting TERFs (Trans Exclusionary Radical Feminists) run riot in comments on your socials,” one user tweeted.

“Trans women are women,” said queer advocate and well known comedian Alright Hey on social media.

However there were also many supporters of the policy.

“Thank you for keeping this space safe from men,” one woman said who had more than 60 likes on her comment. “It’s alarming that women and girls can’t have their own privacy anymore without men."