Opposition Vows to Amend Sex Discrimination Act After Transgender Woman Wins Case

Opposition Leader Angus Taylor has vowed to amend the Sex Discrimination Act, after the Federal Court upheld a landmark ruling that the exclusion of a transgender woman from a female-only app was discriminatory.

Yesterday Roxanne Tickle was awarded $20,000 in damages in the case against the Giggle for Girls app and its CEO, Sall Grover.

A judge previously ruled Ms Tickle was discriminated against due to her gender identity after her access to the social media platform was restricted in 2021.

In a statement posted to social media today, Mr Taylor said the outcome "confirmed that Australian law does not properly protect single sex spaces for women and girls".

"A Coalition government I lead will fix this. We will amend the Sex Discrimination Act to ensure that women and girls (and men and boys) have protections based on biological sex," he said.

"We will define biological sex in the Act. Male or female. The sex you are born. And we will protect single-sex spaces across Australian life."

The opposition leader described the proposal as “common sense” and denied the pledge is about targeting transgender Australians.

"Every protection they currently have remains. We are not removing a single protection from anyone."

Mr Taylor concluded his post with a "simple question" directed at Prime Minister Anthony Albanese.

"Does he believe women and girls deserve protections based on biological sex?"

A federal government spokesperson said it was "aware of the decision made by the Federal Court".

"The government believes all people are entitled to respect, dignity, and the opportunity to participate in society, free from discrimination," the spokesperson said in a statement.

"Four days after a reforming budget … the Liberals are choosing to demonise migrants and focus on this matter."

National advocacy group Equality Australia described yesterday’s court outcome as a "significant win for equality and fairness".

"This ruling affirms that all women deserve to live free from discrimination, without being judged on appearance, presentation or perceptions," Equality Australia Legal Director Heather Corkhill said in a statement yesterday.

Ms Corkhill also reflected that the outcome reinforces that anti-discrimination laws are intended to protect everyone, particularly groups such as trans women.

"All of us have a stake in making sure those protections remain strong and effective," she said.

Nationals leader backs opposition leader’s vow

Nationals leader Matt Canavan has backed his Coalition partner's call, describing the changes to the Sex Discrimination Act as "urgently needed".

Last year Senator Canavan and Liberal senator Alex Antic introduced a private member's bill that sought to remove references to "gender identity" in the act, and insert definitions of “man” and “woman”.

The senators' bill ultimately failed, but Senator Canavan has said Nationals MP Alison Penfold "will introduce a similar bill to the House soon".

It is understood this is the first time that Senator Canavan has called for the Sex Discrimination Act to be changed since he was elected leader of the Nationals in March.

In 2013, the Gillard Labor government passed significant amendments to the act, making it illegal to discriminate on the grounds of sexual orientation, gender identity, and intersex status.