Lesbian Action Group appeals decision they cannot discriminate against trans women

A lesbian group wanting to hold “born female only” events has launched a new legal challenge after they were barred from discriminating against transgender lesbians.

A Victorian lesbian group is seeking to overturn a decision preventing them from discriminating against transgender women who are lesbians at public events.

Back in 2023, the Lesbian Action Group sought an five-year exemption of the Sexual Discrimination Act to hold regular “lesbians born female only” social events.

“This exemption is absolutely necessary to enable lesbians to once again advertise our events in order to once again meet publicly without fear of litigation or discrimination,” the group said.

The Lesbian Action Group is appealing. Picture: NewsWire / Dylan Coker

But the Human Rights Commission rejected their permit, finding while it would be lawful for them to ban men and heterosexual women from events, they could not discriminate against transgender lesbian women.

“The Commission is not persuaded it is appropriate and reasonable to make distinctions between women based on their biological sex at birth or transgender experience, and to exclude transgender lesbians, from a community event of this kind,” the Commission said.

The Lesbian Action Group appealed, and lost, at the Administrative Appeals Tribunal and has now challenged that decision in the Federal Court of Australia.

The case was called in the Federal Court in Melbourne. Picture: NewsWire / Penny Stephens

The case was called on for a case management hearing on Friday morning as the group’s barrister, Leigh Howard, applied for the case to be heard by a full bench of the court rather than a single judge.

The court was told the Lesbian Action Group wanted the case decided by the “same bench” set to hear an appeal against the landmark Roxanne Tickle v Giggle for Girls ruling in August.

Mr Howard said having the same judges hear their appeal would save the court’s time as they would have a deep understanding of the relevant law.

“It’s going to help dispose the appeal in a timely manner,” he said.

“Otherwise it will take a lot longer to run the case.”

Last year, Roxanne Tickle successfully sued the Giggle for Girls online application, arguing it had discriminated against her based on her identity as a transgender woman.

The Giggle App is marketed as a “digital women-only safe space” and Ms Tickle was blocked from using the app in late 2021.

Justice Robert Bromwich found Giggle had indirectly discriminated against Ms Tickle because the company’s chief executive Sall Grover believed she appeared to be a man.

Transgender woman Roxanne Tickle won the gender identity case. Picture: Instagram

Giggle For Girls chief executive Sall Grover. Picture: Supplied.

Justice Mark Moshinsky told the court a decision on whether the case could be assigned to the same bench was a matter for the Chief Justice, but a decision would likely be made in the coming days.

Mr Howard said the Lesbian Action Group had considered seeking to join the Giggle v Tickle proceedings due to “common ambition” but decided that case was complicated enough.

He told the court Justice Bromwich’s “construction of sex” and meaning of gender identity had impacted the adverse findings against the Lesbian Action Group in the Administrative Appeals Tribunal.

“Taking into account all the issues we can’t see how the Administrative Appeals Tribunal came to the decision it made,” he said.

“If we’re not give this opportunity we again lose our opportunity to run our construction of the (Sexual Discrimination) Act.”

The case was adjourned to a date yet to be fixed.