A federal judge in Australia has set aside an earlier ruling that blocked a lesbian advocacy group from excluding trans and bisexual women from its events. This has sent the case back for review. The case centers on the Lesbian Action Group (LAG), which sought a five-year exemption from the Sex Discrimination Act in 2023 to restrict its events to lesbians born female only. The Australian Human Rights Commission (AHRC) denied that request, stating it was not reasonable to exclude transgender women from such community events.
LAG appealed, and in January 2025, a tribunal ruled the exclusion would constitute unlawful discrimination. Now, Justice Mark Moshinsky has overturned that tribunal decision, citing legal errors and ordering a reconsideration. Heather Corkhill, the legal director of Equality Australia, said, “The court has not endorsed discrimination against trans women, and it has not decided whether the exemption should be granted…It has simply identified legal errors in the tribunal’s reasoning, so the matter must now be reconsidered.”
Justice Moshinsky said the tribunal had taken too narrow a view of its exemption powers and suggested the law could allow broader interpretation, including considerations of biological sex. The case will now return to the tribunal for reconsideration.
