Oh yay... another day, another chance to be hated-upon. Triffic! 🙄🤦♀️
https://www.crikey.com.au/2025/08/05/transgender-rights-australia-giggle-v-tickle/
QUOTE BEGINS
In many parts of the world, hostility towards trans and gender-diverse people is being rushed through legislative chambers, infusing court decisions and flooding social media. The trans community in Australia is waiting with bated breath to see if Australia is going to jump on this bandwagon or stand against it.
The global spike in anti-trans hostility is neither accidental nor spontaneous. Movements across the United States, the United Kingdom and parts of Europe have been mobilising for some time, and are now well-funded and adept at weaponising social anxieties for political gain. They deploy misinformation and disinformation campaigns, target education and access to healthcare, and exploit media platforms to amplify fringe theories that portray vulnerable minorities as a threat to society.
In the US, we are seeing a litany of executive orders from the White House and bills in state legislatures that are restricting access to healthcare, banning education about gender diversity, and seeking to erase trans women from both history (they have been removed from the Stonewall Monument) and contemporary society by denying their legal recognition. These political and legislative attacks are being used as entry points for wider repressive and anti-democratic moves, frequently accompanied by a surge in hate crimes.
Australia is not immune to these global cultural currents. Indeed, we are witnessing efforts to legitimise discrimination against trans women in Australia in the case of Giggle v Tickle, the appeal of which is being heard by the full court of the Federal Court this week. The case involves the exclusion of a transgender woman from the Giggle for Girls app, a social media platform promoted as being for women only. The trial judge found that Giggle for Girls had breached the Sex Discrimination Act 1984 by discriminating against Roxanne Tickle on the basis of her gender identity.
The influence of overseas anti-trans narratives cannot be overstated. Some Australian media outlets are recycling imported “culture war” tropes, platforming misinformation and manufactured outrage over topics such as youth healthcare and women’s spaces, despite local experts citing evidence-based research supporting gender-affirming care for trans and gender-diverse youth and that trans women are more likely to be the victims of violence rather than the perpetrators of violence.
Australia has robust anti-discrimination laws at both federal and state levels, protecting individuals against discrimination, vilification and hate. In 2013, the Sex Discrimination Act 1984 (Cth) was amended to prohibit discrimination based on gender identity and sexual orientation, which makes our laws very different from the UK Equality Act 2010.
This means we are not at risk of judgments like the UK Supreme Court decision in For Women Scotland v The Scottish Ministers. The court in that case ruled that in the UK legislation, the terms “sex”, “man” and “woman” refer exclusively to “biological sex”, which they said “describe[s] the sex of a person at birth”. The decision was roundly criticised, including by doctors at the British Medical Association, who described the court’s decision as “scientifically illiterate”.
However, Australia cannot avoid being subject to certain global developments, including decisions from international sporting bodies relating to women’s events. Some of these are so ridiculous, they border on the absurd.
For example, no-one has yet provided a plausible explanation for why the International Chess Federation has banned trans women from competing in women’s chess tournaments. Chromosomes and hormones would seem to provide no physical advantage in a game of chess. Given there appear to be only five trans women competing in international chess tournaments — with the French player, Yosha Iglesias, in 5,425th place, being the highest-ranked trans player in the female category — the decision appears more about bigotry than protecting cis women players.
Anti-trans hate thrives in environments where misinformation is allowed to circulate unchecked, and where the lived experiences of trans people are not reflected or respected in policy, education or public life. To ensure that Australia does not allow trans hate to take hold here, there are several steps we must take.
First, Australian politicians, leaders and public figures must vocally reject anti-trans rhetoric and denounce disinformation and fearmongering. Second, we must hold media outlets — including social media platforms — to account when they amplify harmful disinformation. Third, we must facilitate the provision of comprehensive, age-appropriate education on gender diversity, in schools, as we know that early education dramatically reduces prejudice. Such education must include digital literacy, so all Australians can recognise and resist imported toxic narratives. And finally, Australia must enact a federal Human Rights Act as recommended last year by the Parliamentary Joint Committee on Human Rights.
Australians have shown that they have little appetite for anti-trans ideology. A poll conducted earlier this year found 91% of Australians agree or strongly agree that trans people should have the freedom and choice to live their lives in the way that makes them happy, 81% agree that trans people deserve the same rights and protections as other Australians, and 89% agree that the trans community deserves to live with dignity and respect.
These numbers indicate that the wave of anti-trans hate is not an inevitable fate but rather an ideology whose spread can be checked by vigilance, respect for human rights and evidence-based policies and laws. By strengthening our social fabric, fortifying legal protections, insisting on principled media, and ensuring inclusive and respectful education, Australia can be a world leader in not only resisting hate, but also in celebrating inclusiveness and diversity.
- Paula Gerber is a professor of human rights law at Monash University and author of the forthcoming book Sex, Gender and Identity: Trans Rights in Australia.
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