Speaker Sue Hickey votes against Government on transgender reform
UPDATED: Speaker Sue Hickey has declared herself “politically colourblind” after sensationally crossing the floor 11 times to vote for sweeping transgender law reforms.
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UPDATED: SPEAKER Sue Hickey has declared herself “politically colourblind” after sensationally crossing the floor 11 times to vote for sweeping reforms to laws affecting transgender and gender diverse Tasmanians.
Labor and Green MHAs on Tuesday night hugged after their amendments — one of which requiring parents to ‘opt-in’ to have their newborn’s sex recorded on a birth certificate — passed the Lower House with Ms Hickey’s support.
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“I promised I would research everything,” Ms Hickey said.
“I have researched this topic widely, I have read widely and this Bill will not affect 95 per cent of Tasmanians.
“An impartial Speaker votes on the issues. I have said all along that everyone has the right to be heard.”
It was the first time Ms Hickey has voted against the Government on legislation after seizing the Speakership from veteran MHA Rene Hidding earlier this year.
She first split from her party in favour of proceeding with debate on the Labor and Green amendments — a move the Government tried to block without success.
Ms Hickey adjourned Parliament for more than one hour after Attorney-General Elise Archer tried to move on to another Bill.
In a marathon and fiery debate, Ms Archer repeatedly made clear the Government’s opposition to the amendments as they were written.
Ms Archer pointed to state and federal government agencies that could be affected by the Tasmanian reforms and complained she had been unfairly characterised since a version of the amendments was floated about a month ago.
“Don’t say that I don’t care,” Ms Archer said.
“I am highlighting issues and flaws and consequences.”
Each of Labor and the Greens’ nine amendments passed despite every Liberal member save Ms Hickey voting against them.
Among them were provisions to allow a person to change the sex on their birth certificate without having reproductive surgery and the insertion of the term “gender expression” into the Anti-Discrimination Act.
Gender expression was defined as any personal physical expression, appearance, speech, mannerisms, behavioural patterns, names and personal references that manifest or express gender or gender identity.
Shadow Attorney-General Ella Haddad said the reforms would have “an enormously positive effect on the lives that they do effect”.
“These changes that we have made today don’t eliminate gender,” Ms Haddad said.
“They don’t eliminate gender from birth certificates or government records. They will give people a choice as to what is printed on birth certificates and identity documents.”
Greens leader Cassy O’Connor paid tribute to her transgender son Jasper and profusely thanked Ms Hickey for her support.
“Thank you very, very much as a parent and as a parliamentarian,” she said.
The amendments were attached to a Government Bill that would stop people who transition genders from being forced to divorce. The change was ordered by the Commonwealth to bring state laws in line with the federal legislation after the passage of same-sex marriage.
Transgender advocate Martine Delaney said it had been an emotional night.
“I’m so pleased we’ve gone beyond simply doing what the federal Marriage Act required us to do and we’ve done something that’s very beneficial to particularly young transgender and gender diverse Tasmanians and will not affect the lives of anyone else at all,” Ms Delaney said.
“I’m saddened the Government didn’t see fit to support this incredibly positive move.”
The laws will be next considered by the Upper House.
EARLIER: SPEAKER Sue Hickey has voted against the government and given Labor and the Greens the numbers to pass an amendment that would change the Anti-Discrimination Act to recognise “gender expression”.
The amendment, moved by Shadow Attorney-General Ella Haddad but drafted with the Greens and transgender advocates, would penalise people who discriminate on the basis of gender expression.
This would cover any personal physical expression, appearance, whether by way of medical intervention or not, speech, mannerisms, behavioural patterns, names and personal references that “manifest or express gender or gender identity”.
The amendment passed 12 votes to 10.
The government was handed the two parties’ amendments about 1pm on Tuesday but met with lobby group Transforming Tasmania about its aims earlier this year.
Leader of Government Business Michael Ferguson accused Labor and the Greens of trying to “force through” the amendments.
“The suspension of the House by the Speaker allowed the Government enough time to have an initial assessment of the amendments by the Registrar of Births, Deaths and Marriages, Office of Parliamentary Counsel and Departmental officers,” he said.
“Following this advice it is clear that the amendments are poorly drafted and would have unintended consequences.
“Having received this advice, I advised the Speaker that the Government was ready to proceed into the Committee debate.”
EARLIER: TASMANIA’S Speaker has adjourned Parliament after voting against the Government for the first time in favour of a debate on transgender reform.
Sue Hickey voted with Labor and the Greens to debate their amendments to a Government Bill that would stop people who transition genders from being forced to divorce.
That law change is a Commonwealth requirement and carries a December 9 deadline. Tasmania will be non-compliant with this requirement.
After Ms Hickey voted against her Liberal colleagues, the Government chose not to progress its forced divorce Bill, with Attorney-General Elise Archer attempting to move on to other legislation.
Ms Hickey then adjourned Parliament.
Labor and the Greens have worked with transgender advocates on amendments to Tasmanian laws that would, in part, change the Anti-Discrimination Act, give parents a choice on whether gender was marked on their child’s birth certificate, and allow people to change their birth certificate without having reproductive surgery.
Ms Hickey has been lobbied hard to support the amendments.
The Government will put the amendments to the Tasmanian Law Reform Institute.
Labor leader Rebecca White said the Government had descened into chaos.
“The changes to marriage amendments which were to be debated today were minor and administrative in nature but most importantly, they will protect the rights of Tasmanians who are often the most marginalised in our community,” Ms White said.
“Speaker Sue Hickey today took a principled stand and voted against the Government which tried to limit debate on these important amendments.
“By scaremongering and refusing to stand up for our diverse community – and allowing his Attorney-General to run a shameful argument against these important changes – the Premier has plunged the Parliament into chaos.”
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