
LGBTIQ organisations across New South Wales welcomed the findings of a parliamentary inquiry that recommended MPs pass an聽 which would strengthen and add protections for LGBTIQ people.
Eighty organisations sent a letter to NSW Premier Chris Minns in April urging him to support the bill.
They included the Australian Services Union, NSW Council of Social Services, Twenty10, Women鈥檚 Health NSW, Women鈥檚 Electoral Lobby, Pitt Street Uniting Church, the Black Dog Institute and Rainbow Families.
But transphobic groups are pushing their campaign to undermine support for equality.
The Committee for Community Services (CCS) released a on June 3 which said MPs should pass the Equality Legislation Amendment (LGBTIQA+) Bill 2023, introduced in June last year by Independent MP Alex Greenwich.
Greenwich鈥檚 bill aims to add protection for bisexual, asexual, non-binary people and sex workers, and allow transgender people to change their gender on identification documents, including children under the age of 16, without the need for surgery.
It would also amend 20 laws, including the Anti-Discrimination Act 1977.
It recommended new measures and funding to address the safety and well-being of LGBTIQ people.
The proposed amendments include closing loopholes that allow religious institutions to discriminate against LGBTIQ people and their families, and ensuring trans people can access birth certificates and identification documents without cruel barriers.
It also proposes to make it easier for trans youth under the age of 16 to seek medical intervention without the need for parental consent.
National LGBTIQ organisation (EA) CEO Anna Brown urged MPs to bring NSW in line with the rest of the country.
NSW last to amend laws
NSW is the last state to require trans people to have surgery on their reproductive organs before they can amend ID documents to recognise them for who they are, she said.
鈥淥ur communities and their families live with some of the nation鈥檚 most outdated and discriminatory laws.鈥
鈥Historic laws banning conversion practices聽were recently passed in NSW in the first major reform for our community in almost a decade. Now we need to ensure our laws change so that all people and families are equal in NSW.鈥
The , which became law on March 22, bans practices directed to changing, or suppressing, the sexual orientation or gender identity of individuals. It also makes it illegal for someone to be removed from the state to undergo conversion therapy.
Forced conversion practices are still legal in Tasmania and South Australia, while Queensland has a ban only in healthcare settings.
said on June 6 that the Greens want to see the bill 鈥渋mprove access to gender affirming care and empower young people, in particular, to make informed decisions about their own health鈥.
She said the government had 鈥渦nnecessarily delayed鈥 the bill by having an inquiry which 鈥渄elayed and deferred protecting LGBTQIA+ people and exposed them to further harm by platforming bigotry鈥.
Faith-based and conservative LGBTIQ groups opposed to the changes have used that time to campaign against the bill. Using transphobic fear-mongering, they used their submissions to argue against every amendment.
Bishop Michael Stead, chair of Freedom for Faith, is concerned that limits are being placed on religious institutions鈥 exemptions to discriminate, arguing that 鈥渆xemptions are needed to maintain the religious character of an institution鈥.
Viviane Morrigan, from the , said the bill is a 鈥渕isogynist attack on women and children鈥 as it 鈥渨ould make gender identity legal and erase female sex, same-sex attraction and lesbian identity鈥.
Transphobic group , which is linked to similar groups in the United States, said Labor is not listening to the 鈥渙verwhelming public opposition鈥. Judith Hunter, Genspect Australia spokesperson, said the bill 鈥渟eriously diminishes the rights of women and girls, permits children to change their name and sex on their birth certificate without parental consent鈥.
She said it would lead to 鈥渕ore children with gender confusion making life-altering changes which they may later regret鈥.
But, as documents, this is a disingenuous scare tactic.
International surveys with trans or gender non-conforming people on 鈥渄etransitioning鈥 have found a very small number feel regret post-surgery or after beginning medication.
Sport exclusions remain
Although the bill is supported overall by LGBTIQ organisations, some aspects do raise questions.
For example, , aimed at better protecting trans youth participating in sport, only offers to 鈥渘arrow the existing exception for sport that allows discrimination on the grounds of sex鈥, not to eliminate it altogether.
It says it would still allow discrimination against trans youth in these settings if: the person is over the age of 12; the sporting activity is conducted as part of a competition; and the strength, stamina or physique of a person competing in the competition is relevant.
As most sport is conducted as part of a competition and 鈥渟trength, stamina and physique鈥 are relevant in most if not every sporting activity, this amendment will not help trans youth who want to compete.
Even so, conservative groups also oppose this amendment.
Before the inquiry into the bill began, the committee invited the public to complete a survey. An organised campaign delivered an overwhelming opposition to all the proposed amendments: 85% opposed the bill and 723 duplicate responses (mostly opposing the bill) were submitted from the same email addresses.
The duplicate responses made it appear the public has no interest in furthering LGBTIQ equality. 聽But the opposite is the case.
Surveys conducted by and international research group shows that an overwhelming majority of Australians support trans equality.
Sixty-six per cent of respondents in the agreed that religious schools should not have the power to discriminate against trans people through聽firing or expulsion. The same number agreed that young people should have聽access to health care that would affirm their true gender.