How legal fight erupted over primary school’s queer club

A queer club set up for children at a northeast Melbourne primary has found itself at the centre of a legal fight after a free speech advocate posted an online clip arguing schools were no place for such clubs.

Free speech advocate Celine Baumgarten. Picture: Instagram

A queer club set up for children at a northeast Melbourne primary has found itself at the centre of a legal stoush.

The school, which the Herald Sun has chosen not to name, last year set up a Queer Club for students in years four to six in order to “help make our school queer friendly so that students and families feel accepted and welcome”.

The club, which is voluntary, was set up by one of the student leaders with the support of a senior teacher.

It has been running without incident with the support of the school community, a school source said.

However the club is now at the centre of a privacy fight after the nation’s internet safety watchdog ordered a free speech campaigner to remove a post that criticised it as inappropriate.

Free speech advocate Celine Baumgarten posted a clip on X (formerly Twitter) in May this year arguing that “there is no place for an LGBTIQ club in any school, let alone a primary school”.

A bisexual woman, Ms Baumgarten is a content producer for Gays Against Groomers group whose members aim to protect children from what they term “radical gender ideology”.

The video clip highlights the role played by the teacher, sparking privacy concerns.The clip was posted on May 29, and on June 6 Ms Baumgarten received a notice from X saying her video “violated the law(s) of Australia”.

The clip was posted on May 29, and on June 6 Ms Baumgarten received a notice from X saying her video “violated the law(s) of Australia”.

The club, which is voluntary, was set up by one of the student leaders with the support of a senior teacher. Picture: iStock

Ms Baumgarten has filed an appeal in the Administrative Appeals Tribunal (AAT) with the support of the Free Speech Union of Australia about the geo-blocking of the post.

Ms Baumgarten told the Herald Sun the “point of the video was not to attack the teacher at all, the point was to shed a light on something that is becoming increasingly popular in this country which is queer clubs in primary schools”.

“I am of the belief that children aren’t sexual beings so there is no need to be discussing sexuality in school, let alone primary school,” she said.

“It creates a lot of tension and I don’t think it is necessary.”

Ms Baumgarten said she was only highlighting information that was already public.

“It comes down to censorship of people who are going against unpopular opinion.”

A hearing about the matter will be held in Sydney in the AAT next week.

Free Speech Union director Reuben Kirkham said the tribunal had the power to revoke the decision, but first had to deal with a number of jurisdictional matters to do with the status of the notice issued by the eSafety Commissioner.

“The commissioner is trying to avoid all accountability,” he said.

A spokeswoman for the eSafety Commission said she “can confirm that an application to the Administrative Appeals Tribunal (AAT) was made by Celine Baumgarten”.

“eSafety received a complaint from a member of the public about a post on X. eSafety’s assessment of that post did not result in any notices being issued under the Online Safety Act. eSafety alerted X to the complaint, that the material posted by Celine Baumgarten may be a violation of X’s terms of service and policies. X decided to geo-block the material. It is not appropriate to comment further as the matter is currently before the Tribunal.”

“As the matter is before the AAT, eSafety is unable to provide further comment.”Attributable A Department of Education spokesperson said this “type of harassment and abusive behaviour has no place in Victoria.”

“We strongly support initiatives taken by schools to create safe and inclusive environments for all students – like this student-led club.”