Erinyes Submission To Australian Human Rights Commission

Submission to the Australian

Human Rights Commissions

Consultation on
Protection from discrimination on
the basis of sexual orientation
and sex and/or gender identity
by
Erinyes Autonomous Activist
Lesbians
Erinyes Submission to AHRC on Sexual Orientation and Gender Identity
Table of Contents
e!nition of terms "
About Erinyes Autonomous Activist Lesbians #
$ntroduction #
"% &hat bene!t 'ould there be in federal anti(discrimination la's
)rohibiting discrimination on the basis of sexual orientation and sex
and/or gender identity* +
"%" $ncluding ,ender $dentity Protection Creates $n-ustice +
"%# All ,ender $dentities Are Socially Constructed .
"%/ ,ender $dentity Protection Con0icts 'ith Sex $dentity Protection 1
"%+ 2iology $s 3ot estiny4 2ut $t $s A Signi!cant Contributor 5o 5he
Construction 6f Personal And Social ,ender 7
"%8 Problems 'ith Lesbian $nvisibility and 2eing Subsumed 9nder
:&omen ;
#% &hat bene!t 'ould there be in federal la' )rohibiting vili!cation
and harassment on the basis of sexual orientation and sex and/or
gender identity* ""
/% Can you )rovide exam)les of situations 'here federal )rotections
from discrimination on the basis of sexual orientation or sex and/or
gender identity are needed because state and territory la's do not
)rovide ade<uate )rotections* "/
+% Have you ex)erienced discrimination because of your sexual
orientation or sex and/or gender identity for 'hich there is no legal
)rotection* "8
8% Have you ex)erienced vili!cation or harassment because of your
sexual orientation or sex and/or gender identity for 'hich there is
no legal )rotection* ".
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.% &hat terminology should be used in federal anti(discrimination
legislation if )rotection from discrimination on the basis of sexual
orientation is to be included* "7
1% &hat terminology should be used in federal anti(discrimination
legislation if )rotection from discrimination on the basis of sex
and/or gender identity is to be included* ";
7% &hat terminology should be used to ensure that )eo)le 'ho
identify as intersex are )rotected from discrimination in federal
la'* Should the term :intersex be used* Should )rotection from
discrimination on the basis of :sex include )eo)le 'ho are of
:indeterminate sex* #?
;% &hat other actions 'ould you li@e to see the Australian
,overnment ta@e to better )rotect and )romote the rights of L,25$
)eo)le in Australia* #"
;%" Protection from Re)eated Challenges #"
;%# Protection for Sexual orientation4 Education on Human Rights and
criminalisation of violence #"
;%/ ,ender Reassignment ocumentation Hides the Real Aacts #"
;%+ Bedical $nterventions and Protection of Children ##
;%8 Exem)tions and 5ax Payer Aunded iscriminatory Service )rovision
##
;%. A))lication of Religious Exce)tions to Commercial Activities#/
;%1 Human Rights and Custice Education is Aederal Res)onsibility
#/
;%7 Pea@ 2odies 3ot Re)resentative #/
;%; 2ill of Human Rights Re<uired 5o Harmonise Legislation #/
;%"? Lesbian Disibility in Research and Statistical ata #+
Summary Erinyes submission #8
Reference List #1
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A))endix A= ( $ntervie' &ith a Eoung Lesbian FELG /?
A))endix 2= Sa))hos Party $nc and E6 )ractices in SA /+
A))endix C H Labels used on forms for self identi!cation /8
A))endix = Survey of Lesbians(2orn(Aemale on $ssues of Lesbian 2orn
Aemale 3eeds for Lesbians(2orn(Aemale S)ace /1
A))endix E= 5he Catch(## of Lesbian Aged Care/;
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Defnition of terms
5he Commission might !nd that some of the terms and de!nitions used
in this submission are long4 com)lex and cumbersome% Ho'ever they are
necessary to convey the meaning 'e intend% Aor exam)le4 the sim)le
term :'oman no longer describes 'omen(born(female as it has been
extended to be used as a collective noun4 'hich includes B5CA% Ho'ever4
the invisibility of 'omen(born(female4 raised as girls4 in changes to anti(
discrimination legislation4 has resulted in the loss of 'omen(born(female
rights and thus there is the need for such s)eci!c de!nitions for the
grou)s that this submission re)resents% e!nitions of terms that can
)otentially be misinter)reted follo's=
&oman H one 'ho is born 'ith female sex characteristics%
5he term lesbian refers to 'omen 'ho are emotionally and sexually
attracted to other 'omen% &herever4 )ossible in this submission4 the
term lesbian is used in )reference to homosexual and does not include
bisexual 'omen%
Living in society as 'oman H 'e use this term to be <uite clear that 'e
are referring to 'omen and lesbians 'ho are born(female4 'ho are not
living as female to male transgendered )eo)le%
Bale(to(Constructed(Aemale and Aemale(to(Constructed(Bale H using the
'ord :constructed clearly diIerentiates bet'een 'omen 'ho 'ere born
female and have biologically female bodies and transgendered )eo)le
'ho have received hormone treatment or 'ho have been surgically
changed to have an a))arently female body%
Heterosexism= a belief that heterosexuality is or should be the only
acce)table sexual orientation Jand that alternative sexualities )ose a
threat to societyK FAustralian Bedical Association= #??#G
Lesbo)hobia Hrefers to a hatred of lesbianism% Ho'ever4 as )ointed out
by Lir@ and Badsen F";7;=xxiiG the term )hobia refers to Jfear ofK% 5he
emotion ex)erienced by those called lesbo)hobes is hatred rather than
fear%
Homo)hobia and trans)hobia H the de!nition of lesbo)hobia can be
a))lied here by substituting the 'ords homo)hobia or trans)hobia for
lesbo)hobia%
$nternalised lesbo)hobia H the )rocess 'here societys conditioned hatred
of Lesbians is believed by lesbians and this self(stigmatisation aIects
their self 'orth
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,ender and sex (( 5he 'ord :sex refers to biological characteristics and
the 'ord :gender refers to socially constructed behavioural
characteristics arbitrarily assigned to either 'omen or men%
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About Erinyes Autonomous Actiist Lesbians
&hilst Erinyes is an organisation that advocates for the rights of lesbians
broadly including in the areas of rights in the 'or@)lace4 health rights4
education and so forth Erinyes believes that the issue of gender identity
recognition is urgent and not only erodes lesbians rights but the rights of
all 'omen% 2oth the idea of gender4 and any tal@ of gender identity4 hide
hatred of Lesbians and all 'omen born and raised female%
Erinyes is ma@ing this submission because of grave concerns about the
)otential violation of the rights of 'omen 'ho are born and raised female
in )articular those 'ho are Lesbians4 that is )osed by the )ro)osed
legislation% Ho'ever all 'omen(bornHfemale4 raised as girls4 not only
Lesbians4 are aIected by the )ro)osed legislation% $t is im)ortant to
re0ect on the fact that 'omen(bornHfemale4 raised as girls are 8?M of
the Australian )o)ulation%
Erinyes dra's on instances in recent history 'here the rights of lesbian(
born(female4 raised as girls4 have been transgressed or denied by male(
to(constructed(female FB5CAG transgendered )ersons 'ho have realised
that they are still attracted to 'omen after surgery and have then sought
to ta@e on lesbian identities% &hilst calling themselves lesbians these
transgendered )eo)le see@ to enter s)aces and events that have
s)eci!cally been designed to )rovide a forum for 'omen(born(female4
raised as girls to share their ex)eriences of being a lesbian in a
)atriarchal 'orldN ex)eriences 'ith 'hich B5CA 'ho have been born 'ith
male bodies and raised male cannot em)athise%
$n addition 'e dra' on instances 'here B5CA4 'hether or not they
identify as lesbians4 have sought to enter4 as both 'or@ers and clients4
'omens refuges against violence or s)ecialised sexual assault services
for 'omen survivors% 5hese )laces have been designated as :)laces of
safety for traumatised 'omen% Such s)aces are also im)ortant to
lesbians(born(female4 raised as girls4 as they too are victims of male
violence% 5his issue of safe s)ace e<ually a))lies to 'or@ers and clients
in &omens Health Services 'here 'omen see@ health treatment or
advice from services that s)ecialise in female bodies%
Introduction
&omen(born(female4 raised as girls see@ e<ual rights before the la'N
rights guaranteed by various international bodies including the 9nited
3ations% Lesbians are the canary in the mine of Australian society i%e%
'hen human rights start to disa))earN theirs are some of the !rst to go%
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Changing la's4 in itself4 does not change values4 attitudes and beliefs%
Ho'ever4 legislation may4 eventually4 aIect the out'ard ex)ression of
those values4 attitudes and beliefs%
Erinyes su))orts the )rotection of transgender and other gender non(
conforming )eo)le from violence and humiliation%
Protection on the basis of sexual orientation should be contained in
federal anti(discrimination la's )rohibiting discrimination% Ho'ever the
inclusion of the category of :gender identity is undesirable unless it is
able to )rovide e<ual )rotection for all identities and does not )rivilege
one identity over another4 thus inadvertently )roviding a context 'here
the rights of one grou) violate the rights of another% At )resent4 the
inclusion of :gender identity in the )ro)osed anti(discrimination
legislation excludes4 or 'or@s against4 'omen 'ho are born 'ith female
bodies and raised female%
Lesbians struggle against erasure% 5hat lesbians have an identity that is
diIerent to that of gay men and certainly diIerent to that of male(to(
female transgendered )eo)les4 is often not recognised by various
institutions and by various legislations% $t has been necessary to defend
our distinct lesbian identity even 'ithin the Sydney and Belbourne AHRC
consultation )rocesses in 6ctober and 3ovember #?"?%
5he discrimination faced by lesbians is greater than the discrimination
faced by heterosexual 'omen because lesbians are discriminated against
both as 'omen and as lesbians% &hat distinguishes the human rights
violations of Lesbians is based !rstly on misogyny and then on
homo)hobia% 5he combination of misogyny and homo)hobia results in an
intensi!cation of discrimination4 harassment and vili!cation that is
greater than that against heterosexual 'omen4 gay men and
transgendered )eo)le% Lesbians(born(female4 raised as girls4 rights are
not )rotected under the umbrella term of ,L25$ and 'ill be seriously
disadvantaged by the inclusion of gender identity%
$t is the ex)erience of lesbians that the idea of :gender hides misogyny
and lesbo)hobia and it is because of this that the authors of this
submission4 on behalf of Erinyes4 focus s)eci!cally on :gender identity%
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!"at beneft #ould t"ere be in federal anti$discrimination
la#s %ro"ibitin& discrimination on t"e basis of sexual
orientation and sex and'or &ender identity(
6ne of the ma-or )otential bene!ts in federal anti(discrimination la's
)rohibiting discrimination on the basis of sexual orientation and sex
and/or gender identity might be that Lesbian(born(female4 raised as girls4
living in society as 'omen might have the human rights guaranteed them
in the Universal Declaration of Human Rights and International Covenant
on Civil and Political Rights and deemed desirable in the Yogyakarta
Principles and the United Nations General ssem!ly"s #tatement on
Human Rights$ #e%ual &rientation and Gender Identity F#??7G to 'hich
Australia is a signatory= e<uality before the la'%
Erinyes agrees that )rotection on the basis of sexual orientation should be
contained in federal anti(discrimination la's )rohibiting discrimination%
Ho'ever4 'e do not !nd that there is need or bene!t in )rotecting gender
identity%
5he category of :gender identity is )roblematic for 'omen(born(female4
raised as girls% Lesbian identity is based in sexual orientation and from
being born female% 5his identity can only be ex)erienced by 'omen(born(
female4 'ho are attracted to other 'omen(born female both emotionally
and sexuallyN 8?M of the )o)ulation% As one of our members states4
'(y gender identity is )oman*!orn*female !ut not
feminine+, I do have a -es!ian identity that makes me feel
di.erent from heterose%ual )omen, I personally do not have
a -es!ian gender identity/+
Sex discrimination legislation is designed to )rotect 'omen from
discrimination% 6ther legislation is designed to )rotect )eo)le from
discrimination on grounds such as race4 age4 disability4 sexual orientation4
or other characteristics% 5ransgendered )eo)le have the right to be
)rotected from discrimination as transgendered )eo)le%
&e su))ort the )rotection of transgender and other gender non(
conforming )eo)le from violence and humiliation% &e acce)t that
transgender )ersons strongly desire to be recognised as a diIerent sex
but 'e argue that they do not$ and cannot4 become that sex% 5herefore
transgender )eo)le should logically retain only their rights to sex
discrimination )rotection in their original sex% All other discrimination
)rotections must come from human rights and )rotection through
s)ecially named transgender rights or the criminal code but not from sex
discrimination )rotection as 'omen%
$ncluding ,ender $dentity Protection Creates $n-ustice
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$nclusion of the category of gender identity is a case of :dee) colonisation
FRose4 ";;.G% 5o include the category of gender identity essentially means
that any man 'ho says that he identi!es as a 'oman Fand he may be )re(
o)erative or )ost(o)erativeG has the rights of a 'oman% 2ut4 more
im)ortantly4 he has the right to enter any 'omen(only s)aces for exam)le
refuges from domestic violence% Such rights eIectively undermine the
legislation that is su))osed to )rotect 'omen4 that is4 the #e%
Discrimination ct and various 01ual &pportunity cts in the States and
5erritories% 5he result is that one gender identity4 male(toHconstructed(
female FB5CAG transgendered )eo)le4 is )rivileged over another F'omen(
bornHfemale4 raised as girlsG% Ho'ever it is im)ortant to consider that the
)otentially disadvantaged grou) includes all 'omen(born(female4 both
lesbian and heterosexual% 5his means that the rights of a small minority
infringe the rights of 8?M of the )o)ulation% 5he ex)eriences of 'omen(
born(female4 raised as girls are signi!cantly diIerent from the ex)eriences
of those 'ho are born and raised male4 but uncomfortable 'ith their
gender%
es)ite the discomfort 'ith their bodies B5CA have4 nevertheless4 been
raised and conditioned as male4 and raised to see themselves as
belonging to the dominant male culture4 'ith a sense of male entitlement%
Any legislative change should recognise that the needs of 'omen(born(
female4 raised as girls4 and the needs of Lesbians(born(female4 raised as
girls4 in many instances diIer from those of male(to(constructed(female
FB5CAG transgendered )eo)le%
$f the Australian Human Rights Commission decides to include gender
identity as a )rotected attribute4 then se)arate categories of 'omen(born(
female4 raised as girls4 and Lesbians(born(female4 raised as girls4 living as
'omen in society must be included in federal legislation% 5his is to ensure
that the human rights of all4 'hile not excluding 'omen(born(female from
being fully )rotected%
&hen the de!nition of :'omen is re)ur)osed to include male(to(
constructed(female transgendered )eo)le then 'omen(born(female4
raised as girls are left 'ith no 'ord to ex)ress their identity and
ex)eriences of 'omen(born(female% 5he im)act of not having 'ords to
describe a )ersonal feeling or ex)erience is 'ell researched in the context
of ethnic and indigenous )eo)le% Ho'ever this im)act is no' ex)erienced
by 'omen(born(female%
5he ex)ansion of the de!nition of 'omen has also resulted in 'omen born
and raised female being denied the freedom to choose to associate
s)eci!cally 'ith other 'omen born and raised female in certain
circumstances such as festivals4 counselling grou)s4 'omens refuges4
s)iritual )ractices4 s)orting teams4 and Lesbian social su))ort grou)s%
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5he legislative changes4 'hich see@ to be inclusive of B5CA transgendered
)eo)le4 have changed the de!nition of 'hat a 'oman is% $t is no' illegal
for a 'oman to claim4 or even name )ublically4 an identity that is
inde)endent of the transgender ex)erience%
5his denies 'omen(born(female4 raised as girls access to any s)ace to
meet se)arately 'ith their o'n @ind 'hen it is im)ortant for them to do
so% Exam)les are &omenOs Refuges for 'omen 'ho are esca)ing
violence4 Centres Against Sexual Assault FCASAsG that have s)eci!cally
been formed to )rovide a safe s)ace for 'omen esca)ing from male
violence% 5he category of gender identity 'ill undermine the very reasons
that such s)aces 'ere set u) in the !rst )lace by allo'ing men and
transgendered )eo)le 'ho have been raised as male access to such
s)aces4 either as 'or@ers or as clients% FSee ,ottschal@ #??;G
CeIreys in her #??7 )eer revie'ed article4 2hey 3no) it 4hen 2hey #ee It/
the U3 Gender Recognition ct 5667 ma@es the argument that legislation
that legitimises the idea of gender identity4 and allo's men 'ho see@ to
be 'omen the rights of all 'omen4 con0icts 'ith the rights of 'omen born
and raised female to 'omens s)aces% CeIreys also )oints out that this
legislation con0icts 'ith the rights of 'omen 'ho are )artners of men 'ho
have transgendered during the relationshi)%
All ,ender $dentities Are Socially Constructed
5he historical4 social and )olitical context in 'hich a )erson lives must be
considered 'hen inter)reting their ex)eriences% &e argue that the
)ersonal ex)eriences of transgendered )eo)le4 including their
understanding of identity4 re0ect the dominant attitudes4 values and
beliefs in the time in 'hich they 'ere born and raised%
&e dra' on the 'or@ of ,ottschal@ F#??/G to illustrate the s)urious
connection bet'een childhood gender non(conformity and adult identity%
She )oints out that4 throughout the #?th century4 the underlying belief
about the aetiology of homosexuality has been that it is essential or
biologically based4 although biological theories 'ere mitigated by the
theories of feminism during the ";1?s% Aor 'omen 'ho became Lesbians
in the ";8?s and ";.?s4 a belief in a biological basis 'as over'helmingly
the dominant account% $n the ";1?s and early ";7?s4 a choice to be a
Lesbian 'as the dominant account4 and since the ";;?s4 there is a
tendency to revert to biological ex)lanations%
2iological or essential ex)lanations of homosexuality are usually based
u)on an assum)tion of childhood gender non(conformity4 that is4 that a
Lesbian is in some 'ay masculinised and a gay man in some 'ay
feminised% Such ex)lanations are used in contem)orary times as
ex)lanations for transgenderism% Commonly4 and also because of the
assum)tion of biology such evidence of gender inversion is sought in
childhood4 not only by Lesbians4 gay men and transgendered )eo)les but
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also by those 'ho theorise about them% ,ottschal@ F#??/G and in current
research on transgenderism being )re)ared for )ublication4 challenges
this theory% Aor exam)le ,ottschal@ F#??/G commenting on gender non(
conformity in Lesbians )oints out the often ignored fact that childhood
gender non(conformity is even higher in heterosexual 'omen4 than it is in
gay men% 5hus there is a strong challenge to the theory that
homosexuality is related to congenital gender inversion% $t 'as )ointed out
by ,ottschal@ that the relationshi) bet'een childhood gender non(
conformity and adult sexuality or gender identity is sub-ect to the
meaning individuals give to their childhood gender non(conformity%
&e )ro)ose that the idea of childhood gender non(conformity is no'4 in
the attitudes and beliefs4 and social context of the early #"st century4
being ado)ted as evidence of transgenderism in the )eo)le 'ho sho'
gender non(conformity% $n the #?th century gender non(conformity 'as
ex)erienced by Lesbians4 gay men and heterosexual 'omen4 and to a
lesser extent by heterosexual men F'ho are more strongly conditioned to
be masculineG4 5hus )eo)le4 'ho in the )ast may have become Lesbians
or gay men or even gender non(conforming heterosexual men and
'omen4 are no' inter)reting their behaviour as transgender%
&e ac@no'ledge transgender )eo)les discomfort 'ith their assigned
gender role% Bany Lesbians4 gay men and heterosexual 'omen and4 to a
lesser extent4 heterosexual men also ex)erience discomfort 'ith their
assigned gender roles% 5he idea that transgendered )eo)le are :born in
the 'rong body is re-ected by the evidence% &e assert that
transgenderism is a social construct that has been too easily associated
'ith becoming a 'oman4 and that it is short sighted and dangerous to
legislate as though there exists a )roven biological basis%
,ender $dentity Protection Con0icts 'ith Sex $dentity Protection
Recent research )rovides evidence of ho' the inclusion of gender identity
in the category of 'omen 'or@s against 'omen born and raised female%
See for exam)le )eer(revie'ed research4 by ,ottschal@4 82ransgendering
4omen9s #pace/ feminist analysis of perspectives from ustralian
)omen9s services Fsee also Dancouver Ra)e Relief and &omenOs Shelter4
#??.N S'eeney4 #??+N Bantilla4 #???N ,reer4 ";;;N CeIreys4 ";;1N
Raymond4 ";;+N Lline Fun)ublishedGG% $n ,ottschal@s research the 'omen
'ho 'ere in charge of refuges4 CASAS and &omens Health Centres 'ere
intervie'ed regarding their ex)erience 'ith transgender inclusion4 both as
clients and as 'or@ers% 5he !ndings 'ere that those organisations that
had not sought exem)tions have )olicies of including male to constructed
female FB5CAG transgendered )eo)le as clients and 'or@ers and that4
'here transgendered )eo)le had been em)loyed4 or 'ere clients of the
service this had fre<uently turned out to be )roblematic% $n )articular4 it
has been )roblematic for the female clients4 meaning 'omen(born(female
and raised as girls% 5hese 'omen 'ere see@ing safe s)ace4 or refuge4
a'ay from men for reasons of sexual or other violence or 'ere see@ing
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advice in a service that s)ecialises in female bodies and 'omens
)sychology% Bale to constructed female FB5CAG transgendered )eo)le4
'hile not necessarily intending to be threatening4 'ere to the 'omen
)resent4 recognisably born as men and this caused the 'omen )resent4
es)ecially 'omen clients4 to feel threatened% 6n other occasions4 male(to(
constructed(female FB5CAG transgendered )eo)le behaved
ina))ro)riately4 for instance by harassing 'omen(born(female clients and4
in their behaviour4 sho'ing a lac@ of understanding of 'omenOs
ex)eriences and 'omenOs needs F,ottschal@4 #??;G%
Similar )roblems have been ex)erienced in other organisations4 in
)articular the Dancouver Ra)e Crisis Centre4 'hich too@ its case for the
right to em)loy only 'omen(born female4 raised as girls all the 'ay to
the Canadian High Court% 5he Centre 'on the legal challenge to be able to
exclude male to constructed female FBC5AG transgendered )eo)le on the
basis that the 'omen clients needed a safe s)ace FDRR&S4 #??.G% 5he
DRR&S decision has also been used as a legal )recedent for )rotection of
rights for other o))ressed grou)s% Aor exam)le in a case 'here a 'hite
man too@ legal action because he 'as refused em)loyment for a senior
)osition in a Canadian indigenous grou)4 the DRR&S decision 'as used to
su))ort the rights of the indigenous grou) to exclude 'hite men
$n addition4 other organisations4 for exam)le a Lesbian social and su))ort
grou) in Dancouver that had to close do'n because they could not aIord
the legal ex)ense of asserting their freedom of association 'hen
challenged by a B5CA transgendered )erson%
&omen(only social grou)s4 such as that 'hich closed do'n in Dancouver4
are under threat% Such grou)s are set u) 'ith the aim of )roviding a forum
for 'omen to share their ex)eriences% 5hese ex)eriences are foreign to
male to constructed female FB5CAG transgendered )eo)le as their
ex)eriences are radically diIerent% Bale to constructed female
transgendered )eo)les 'ho have sought access to 'omen(only grou)s
have re)eatedly demonstrated that they do not em)athise 'ith 'omen
F,ottschal@4 #??;N S'eeney4 #??+N Bantilla4 #???N CeIreys4 ";;1G% 6ne
exam)le of this 'as an BC5A transgendered )erson4 'ho 'or@ed as a
counsellor in one of the centres in ,ottschal@s study% 5his em)loyee
regularly conducted 'or@sho)/su))ort grou)s for lesbians4 bisexual
'omen and B5CA transgender )eo)le in the same grou)4 failing
com)letely4 to understand that the ex)eriences and needs of each of
these grou)s are very diIerent% F,ottschal@ #??;G
Bost transgendered )eo)le are B5CA and their :rights infringe on
'omens rights% $t does not 'or@ in reverse% Aor exam)le there is
anecdotal evidence of a female to constructed male FA5CBG trying to enter
male s)ace and being easily e-ected by the men 'ho run and fre<uent the
)lace Ffor exam)le4 a leather clubG% $f a B5CA tries to enter 'omen s)ace
they usually succeed by bullying their 'ay in% 5his means any man4 either
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)ost(o)erative or 'ith )enis4 can insist on entry4 'ith Australian state la'
to su))ort their )reference for being considered as a 'oman% 5here have
been cases of sexual assault and sexual harassment% Aor exam)le4 na@ed
men in 'omens sho'ers at Bichigan &omens Aestival4 a B5CA being
housed alone in a three bedroom 'omens refuge in Australia4 thus
denying refuge to other abused 'omen 'ho might have needed the
s)ace% 5he fact that all transgendered )eo)le4 both B5CA and A5CB4 are
)ut into 'omens gaols in the 9L is evidence that men use violence to
exclude A5CB from their s)aces% 5he contradiction here is that
transgender )eo)le are su))osedly the sex they claim to be and yet A5CB
transgender )eo)le do not go to mens )risons4 rather they are sent to
'omens )risons%
2iology $s 3ot estiny4 2ut $t $s A Signi!cant Contributor 5o 5he
Construction 6f Personal And Social ,ender
B5CA 'rongly construct 'hat a 'oman is4 or 'hat they de!ne as female (
and the femaleness they embrace is one that most 'omen 'ould re-ect (
ie stereoty)ical feminine characteristics% &e argue that identity4 gender4
sexual identity and homosexuality are social constructions% Socialisation is
the )rocess by 'hich social norms and )ersonal realities are made @no'n
and congruent% Peo)les reality is sha)ed by the social norms of the
culture to 'hich they belongN such norms change over time F2erger and
Luc@man4 ";..G% $dentity is develo)ed through interactions 'ith others of
the same social grou) and sha)ed by relationshi)s 'ith others inside and
outside the social grou)% Li@e'ise identity develo)ment4 'hich can be
li@ened to )ersonality develo)ment is also sha)ed by inter)ersonal
relationshi)s and in0uenced by social forces%
$t has been argued that gender is !xed in the !rst trimester of foetal life
ho'ever that is a misre)resentation of the biological )rocess% $t sex4 not
gender that is develo)ed in the early 'ee@s of foetal life% $f the foetus is
not in0uenced by a E chromosome then normal human develo)ment
continues and a 'omen born female is birthed% $f a E chromosome is
)resent then male sexual characteristics begin to develo)%
,ender or gender identity does not e<ual sex% 5he range of :sex is broad
although in our society only t'o are named and recognised= female and
male% 5hat only t'o are named is due to an overlay of social construction
that )uts in )lace t'o genders4 that is4 feminine and masculine
FHa'thorne4 #??+G%
5he 'ord gender is used ina))ro)riately to refer to biological sex% Sex
refers to )hysiological characteristics and gender refers to socially
constructed characteristics 'hich according Catharine BacLinnon F";7#G
are arbitrarily assigned to either 'omen or men based on the social
re<uirements of heterosexuality% 5his arbitrary arrangement
institutionalises male dominance and female subordination and is the
basis of discrimination against 'omen4 Lesbians and all others 'ho are
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not male4 that is gay men and male to constructed female transgender
)eo)le%
$n reality the behaviours of masculine or feminine can be carried out by
)eo)le 'ho fall any'here along the s)ectrum of female sex to male sex
bodies% $t is an abuse of the body to chemically or surgically change the
)hysical body to align 'ith )rescribed or )referred gender behaviour% All
gender behaviour should be4 freely available to any )erson regardless of
their biological sex%
Another member states=
'I identify as a -es!ian*!orn*)oman !orn and raised female,
nd from this life e%perience of !eing !orn:raised female my
identity evolves, (2C; transgendered people do not have
this evolution of female identity$ even if they feel they )ould
like to !e female, 2heir identity evolves into a confused one$
caused !y their discomfort )ith male gender characteristics$
!ut never !ecomes female, 2hey can only ever emulate
)hat they think a )oman is !ecause they have never !een a
)oman$ or female child$ so they can never really kno) )hat
it is to !e female,+
Problems 'ith Lesbian $nvisibility and 2eing Subsumed 9nder :&omen
Some very ma-or )roblems for Lesbians result from them being rendered
invisible 'ithin the grou)4 :'omen%
&hen im)ortant research4 such as ustralian -ongitudinal #tudy on
4omen"s Health <4omen"s Health ustralia= <-#4H= excludes any data
collection about lesbians there is no recourse to be found in either the Sex
iscrimination Act or the Age iscrimination Act%
5his ongoing refusal4 by the )eo)le running the Australian Longitudinal
Study on &omens Health F&omens Health AustraliaG FALS&HG4 to as@ the
older cohort a <uestion about sexual orientation is ex)lained by them
belo'4
As our frst priority has to be to the maintenance
of the cohorts over time, we are careful to avoid
asking questions that are associated with risk of
ofending, or which are not obviously related to
health which is the stated purpose of the study and
the reason why women participate"<Clarke and -ee$
personal email$ >7*>6*"67, Re*con?rmed in 566@=
ALS&H clearly do not understand that sexual orientation is relevant to
'omens health4 nor understand ho' the im)act of discrimination might
aIect Lesbians health(see@ing behaviour4 access to health4 nor health
outcomes%
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Page "" of +#
&e suggest that the Australian 2ureau of Statistics could better serve the
community by broadening statistical collection4 analysis and re)orting by
re)lacing the existing <uestion on gender 'ith the o)tions= heterosexual
femaleN heterosexual maleN lesbianN bisexualN homosexual maleN BC5A
transgender and A5CB transgender% &ithout these categories4 all single
)eo)le are subsumed into heterosexual data%
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Page "# of +#
!"at beneft #ould t"ere be in federal la# %ro"ibitin&
ilifcation and "arassment on t"e basis of sexual orientation
and sex and'or &ender identity(
&e consider that )roviding legislation to )rotect gender identity 'ill be
)roblematic% 5he im)act is that a transgendered )erson4 'ho has
out'ardly the a))earance of a male but identi!es as a 'oman4 could be
more )rotected than a 'oman 'ho is born(female and raised as a girl% $n
addition4 a )re or )ost( o)erative male(to(female transgender4 des)ite
having the a))earance of a 'oman through hormone treatment4 could
also be more )rotected than a 'omanHborn(female and raised as a girl%
Aederal legislation sets the tone and culture of Australia% 5here should be
great care ta@en to ensure that federal legislation does not re)licate
human rights violations4 such as the refusal to allo' lesbians(born(female4
the right to conduct 'or@sho)s4 the removal of born female as a
re<uirement to )lay in 'omens golf tournaments FCalifornia4 9SAG and
allo'ing B5CA to have 'omen s)eci!c -obs4 as if they can really re)resent
'omen born female% 5hese violations already exist in State la' and
Common'ealth )rocesses4 such as the exce)tions and exem)tions in the
01ual &pportunity cts%
6n the other hand4 there is legislation in some states that 'ould be
bene!cial to include in federal legislation% Aor exam)le in Dictoria4 the
Sentencing Amendment Act #??; re<uires a sentencing court to ta@e into
account 'hether an oIence 'as motivated F'holly or )artiallyG by hatred
of4 or )re-udice against4 a grou) of )eo)le 'ith common characteristics
'ith 'hich the victim 'as associated or 'ith 'hich the oIender believed
the victim 'as associated% 3ote= 2arbary Clar@e 'ill ma@e a
su))lementary submission concerning this issue%
&e are una'are of the s)eci!c legislation in other states contains such
)rovisions4 but it 'ould seem logical to have similar la's in all states and
territories% 6ne 'ay of doing this 'ould be to enshrine them in federal la'%
Another exam)le of inconsistencies in state legislation is the issue of
ado)ting or fostering children% $t is ironical that ,L25$ cou)les in Dictoria
are encouraged to foster children 'hile at the same time they are
regarded as un!t )arents and forbidden to ado)t children in legislation%
6n the other hand4 in 3S& they are able to ado)t as 'ell as foster
children% Aederal legislation could harmonise statutes to ma@e it e<uitable
in all states%
$n order to be eIective4 a la' must be enforceable and enforced% Liberty
Dictorias submission to retired Su)reme Court -udge4 the Hon ,eoIrey
Eames Revie) of Identity (otivated Hate Crime in Aictoria F,ardiner4
#?"?G )ointed out that vili!cation la's have )roven to be ineIectual and
A23= 63490653547 Erinyes > #?"?
Page "/ of +#
should4 therefore4 be re)ealed% $t 'as argued that harassment la's 'ould
be more li@ely to succeed in addressing discrimination on the basis of
sexual orientation and sex or transgender identity ( as long as harassment
'as de!ned broadly enough to include both harassment of an individual4
and of a grou) of )eo)le sharing a )articular characteristic%
5his submission by Erinyes su))orts that vie'%
5his submission su))orts the argument4 contained in ,ardiner F#?"?G4
that harassment based on sexual orientation and gender identity Fas 'ell
as on sexG should contain )rovision for redress4 restitution4 and
satisfaction to an individual4 or a grou)4 that has been harassed via the
)er)etratorFsG of harm being held to account for their actions% 3umerous
)ublications4 including 4ith Respect4 enumerate the harms that
discrimination4 harassment4 and violence do to ,L25$ )eo)le4 such as
causing lo' self(esteem4 anxiety4 de)ression4 chronic ill(health and4
sometimes4 suicidal ideation and suicide%
Although homo)hobia4 lesbo)hobia and trans)hobia are a set of attitudes
and beliefs 'hich cannot4 directly4 be corrected by legislation4 at least
legislation goes the !rst ste) in indicating to society that harassment on
the grounds of sexual orientation 4 sex or transgender status is not
acce)table4 nor to be condoned%
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Can you %roide exam%les of situations #"ere federal
%rotections from discrimination on t"e basis of sexual
orientation or sex and'or &ender identity are needed
because state and territory la#s do not %roide ade)uate
%rotections(
Lesbians(born(female4 raised as girls4 living as 'omen in society4 need
s)eci!c )rotection from )re-udicial treatment and discrimination by
religious organisations% 5hese organisations are currently )rotected under
exce)tions and exem)tions in e<ual o))ortunity acts% 5hese exce)tions
and exem)tions for religious organisations have not been removed in the
recent round of legislative changes in anti( discrimination la'% Some of
these are state la's4 such as E<ual 6))ortunity Act Dic #?"?4 'hich 'ould
not )rotect the Lesbian4 'hose story 'e include in A))endix A= ( $ntervie'
&ith a Eoung Lesbian FELG4 from the bullying she under'ent in her
religiously(run school% Any lesbian or heterosexual 'oman suIering
discrimination by religious organisations delivering services has no legal
)rotection under existing state and territory la's%
As discussed under <uestion " of this submission the recent legislative
changes in anti(discrimination la's have resulted in the violation of the
rights of 'omen(born( female4 raised as girls4 to meet exclusively 'ith
other li@e 'omen and to access safe s)ace% Redgold4 at 5he Aeminist
international Summit addressed the colonisation of 'omens s)aces by
ex)laining=
'It seems that the de!ates among )omen over inclusion or
e%clusion of (2C;9s in -es!ian and )omen9s spaces$
highlights the contrasts !et)een female and male
socialisation, (ales are socialised to e%pect to take up
space$ so although (2C;9s are claiming to !e )omen$ those
)ho demand access to )omen9s spaces are
demonstrating a very male e%pectation of taking space and
prioritising their needs over the needs of )omen !orn and
raised female, 4omen9s socialisation trains us to take care
of everyone else9s needs !efore our o)n, It is not surprising
that many -es!ians are concerned a!out the tough time
(2C;s have and )ant to open our )omen9s spaces to them$
often prioritising (2C; )ishes and criticising those -es!ians
)ho state the )ish to keep our spaces for )omen and
-es!ians only,' <Redgold/566B=,
Ho'ever4 this tendency to )rioritise transgender desires over the needs of
lesbians born female to have female only s)ace is )roblematic%
Diolence and harassment to'ards Lesbians may be individual4 but it may
also be institutional% $t can manifest at any time4 in any setting% $t can be
hard4 li@e a bureaucratic bric@ 'all in a hos)ital4 or being FliterallyG hit over
the head 'ith a bottleN it can be subtle4 such as 'ords left out F:by
A23= 63490653547 Erinyes > #?"?
Page "8 of +#
accidentG of im)ortant )olicy documents 'hich are )ut u) on a 'ebsite so
long after a consultation that everyone 'ho 'as involved in the
consultation forgets to chec@ the 'ebsiteN it can be soft li@e the voice of a
barrister in a courtroom4 'ho argues that denying a ,L25$ youth suicide
)revention grou) access to a holiday cam) is 'holly in line 'ith the client
organisations religious )rinci)les%
Erinyes asserts that gender identity )rotection 'ill result in transgendered
)eo)le Fboth B5CA and A5CBG having more rights than lesbians(born(
female4 'omen(born(female and homosexual(men(born(males%
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Hae you ex%erienced discrimination because of your sexual
orientation or sex and'or &ender identity for #"ic" t"ere is
no le&al %rotection(
$s there a 'oman alive 'ho has not been discriminated against for being a
'oman* Aor instance4 'omen are discriminated against through sex role
ex)ectationsN em)loyment 'ith the gender )ay ga)N the 'ides)read
assum)tion of heterosexualityN the re)resentation of 'omen in the media
and advertisingN stereoty)ing of 'omen from culturally( linguistically and
s)iritually(diverse bac@groundsN ageismN domestic violenceN being
traPc@ed4 )rostituted4 and murdered 'ith im)unity%
As identi!ed in our introduction4 there is double -eo)ardy if a 'oman born
female is also a lesbian(born(female and raised as a girl4 living as a
'oman in society% Lesbians are discriminated against as 'omen and as
lesbians%
6verall lesbian invisibility is endemic in )olicy and research at all levels of
government and at all levels of )ractice% 5his is a )otent form of
discrimination for 'hich there is no recourse%
Legal )rotection is not al'ays available even if it exists in the la'%
Lesbians are excluded from 'or@ social gatherings% Lesbians are
discriminated against by 'or@ cultures% At an executive level the men
often go to stri) clubs or similar venues 'ith im)ortant clientsN venues
'hich by their nature exclude both lesbian and heterosexual 'omen%
Additionally men may not advise female colleagues that they have
attended such venues 'ith clients% Are<uently im)ortant business matters
are discussed and decisions made at these venues FCeIreys #?"?G% Such
:business meetings are im)ortant to career advancement but 'omen4
other than the stri))ers and )rostitutes F'ho themselves may be
discriminated against4 and indeed are4 if they are traPc@ed 'omenG 'ho
)rovide the :entertainment are excluded%
5he 9nited 3ations sends out con0icting messages regarding the human
rights of Lesbians% 6n the one hand4 the General ssem!ly pu!lished the
#tatement on Human Rights$ #e%ual &rientation and Gender Identity4 in
#??74 reaPrming that non(discrimination a))lies :e<ually to every human
being regardless of sexual orientation or gender identity% 5his statement
condemned the :violence4 harassment4 discrimination4 exclusion4
stigmatisation and )re-udice directed at )eo)le around the 'orld4 as a
result of their sexual orientation and gender identityN calling u)on states
to incor)orate anti(discrimination legislation in their domestic la'sN and
:to ensure that human rights violations based on sexual orientation or
gender identity are investigated and )er)etrators held accountable and
brought to -ustice% Eet on the other hand4 less than one 'ee@ ago4 the 93
,eneral Assembly )assed a motion removing sexual orientation as one of
A23= 63490653547 Erinyes > #?"?
Page "1 of +#
the discriminatory reasons that re<uires :extra-udicial4 summary or
arbitrary executions to be investigated% F93 ,eneral Assembly4 #?"?G 5he
im)act of this change is that Lesbians and homosexual men can be
murdered 'ith im)unity% 5his sends a shoc@ing message4 both to Lesbians
and to individuals and governments%
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Hae you ex%erienced ilifcation or "arassment because of
your sexual orientation or sex and'or &ender identity for
#"ic" t"ere is no le&al %rotection(
5here is no la' that )rotects 'omen and girls from vili!cation% &omen(
born(female4 raised as girls4 including Lesbians(born(female living as
'omen in society are never )rotected from vili!cation% 6n the other hand
B5CA transgendered )eo)le are )rotected as children from some
vili!cation by virtue of the fact that they are boys4 'hether or not they are
uncomfortable 'ith this identity%
A lesbian(born(female4 raised as a girl4 living as a 'oman in society
'ishing to )rovide 'or@sho)s to other lesbians(born(female4 raised as
girls4 living as 'omen in society 'as derided and insulted4 threatened and
refused the o))ortunity to )resent at t'o conferences% 5here is no legal
)rotection from this behaviour%
Arom as early as #??+ Lesbians(born(female4 raised as girls4 living as
'omen in society have been denied access to holding 'or@sho)s and
)resenting )a)ers at festivals4 for exam)le Aeast4 Adelaide #??+ and even
as recently as #?"? for the A Conference FSydney #?"?G% $nternationally
!lms )resenting the lives and issue of Lesbians(born(female4 raised as
girls4 living as 'omen in society have been censored from ,L25$ !lm
festivals FSan Arancisco #??;G%
5he continued harassment by B5CA transgendered )eo)le of any )ublic
events by Lesbians(born(female4 raised as girls4 living as 'omen in society
eIectively sto)s other Lesbians(born(female4 raised as girls4 living as
'omen in society from becoming a'are of the existence of this
community and sharing 'ith those of li@e mind% A fre<uent res)onse from
lesbians(born(female4 raised as girls4 living as 'omen in society 'hen they
do manage to !nd this community is delight and regret that such events
are so hard to !nd no'% 5he harassment of )ublic events and the denial of
'or@sho) s)ace at conferences since #??/ has meant that very fe' have
been attem)ted%
6ne exam)le of such an event 'as Sa))hos Party $nc%4 in South Australia4
'hich 'as the defendant in a com)laint of discrimination in SA in #??.(
#??;% 5he stated intention of the B5CA transgendered Com)lainant 'as to
)revent the event from occurring4 rather than to attend the event% 5he
im)act4 had the Com)lainant succeeded4 'ould have been to )revent
communication bet'een Lesbians(born(female4 raised as girls4 living as
'omen in society4 and )reventing any cultural identity to form among the
existing )o)ulation of lesbians(born(female4 raised as girls4 living as
'omen in society by reducing their access to shared ex)erience and
su))ortive community%
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uring the E6 mediation )roceedings )rior to the 5ribunal Hearing the
members of Sa))hos Party 'ho attended suIered vili!cation4 insults4
threats and 'itnessed acce)tance of these human rights violations by the
E6 6Pcers )resent FSee A))endix 2= Sa))hos Party $nc and E6 )ractices
in SAG%
uring the 5ribunal Proceedings the Claimant )resented )ornogra)hic self(
)ortraits to )rove suPcient beauty and femaleness to <ualify as lesbian(
born(female4 raised as a girl4 living as a 'oman in society and therefore
arguing acce)tability to attend Sa))hos Party $nc gatherings% 5his
behaviour indicates 'hat to lesbians(born(female4 raised as girls4 living as
'omen in society is the intrinsic and unchangeable maleness of a B5CAs
idea of femaleness%
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!"at terminolo&y s"ould be used in federal anti$
discrimination le&islation if %rotection from discrimination
on t"e basis of sexual orientation is to be included(
5he term :sexual orientation should be used in Aederal legislation rather
than :sexual )reference F'hich directly im)lies choice4 as the idea of
choice is re-ected by many ,L25$G4 or :sexuality F'hich gives the
misleading im)ression that it is only about 'ho 'e have sex 'ith4 rather
than a )erson('ide 'ay of beingG%
Lesbians(born(female4 raised as girls4 living as 'omen in society should
not be subsumed under the term :homosexuality4 in the 'ay that
:'oman is often subsumed under :man% :Homo4 as 'ell as meaning
:same4 also means :man% Lesbians are subsumed in the 'ording of the
e<ual o))ortunity legislation some states e%g% :homosexuality Fincluding
lesbianismG FE)ual O%%ortunity Act *ic +,,-G% Lesbians are invisible in
other states la's e%g% Qld4 SA4 35 and 5as% Bost Lesbians do not 'ant to
be subsumed under the term :gay because that4 too4 has male
connotations in that it is the )referred term for self identi!cation chosen
by homosexual men% Aurthermore most Lesbians choose to be called
Lesbians rather than homosexual or gay F,ottschal@ and 3e'ton #??/G%
Lesbians(born(female4 raised as girls4 living as 'omen in society choose
terms such as lesbian4 dy@e4 and gay 'oman4 rarely <ueer4 and almost
never :homosexual to describe themselves Fsee A))endix C H Labels used
on forms for self identi!cation G%
Any identifying labels in legislation should be :female4 :male4 :intersex4
:transgender FB5CAG and :transgender FA5CBG and if sexual orientation is
to be included in any 'ay4 then heterosexual4 bisexual4 Lesbian4
homosexual and transgender should be used% &e do not acce)t that
transgendered )eo)le4 'ho are born male4 ever become female and4
therefore4 can never be Lesbians% A survey of lesbians(born(female4 raised
as girls4 living as 'omen in society revealed ho' Lesbians(born(female
needs become invisible and are not addressed 'hen the Lesbians are lost
in the ,L25$ grou) term Fsee A))endix = Survey of Lesbians(2orn(Aemale
on $ssues of Lesbian 2orn Aemale 3eeds for Lesbians(2orn(Aemale S)aceG%
Erinyes members ex)ress themselves as having their sexual orientation
being Lesbian and their identity being Lesbians(born(female4 raised as
girls4 living as 'omen in society% 5he term same sex attracted should not
be used as it re0ects only one of the three as)ects of sexual orientation4
namely attraction4 behaviour4 and identity FSolarR4 ";;;G
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!"at terminolo&y s"ould be used in federal anti$
discrimination le&islation if %rotection from discrimination
on t"e basis of sex and'or &ender identity is to be included(
Raymond F";1;G !rst used the term male(to(constructed( female FB5CAG
to refer to transgendered males in ";1;% Erinyes asserts that sex is not
constructed by &ender and t"at no %erson can become anot"er
sex% 5hus using the terms B5CA and A5CB ma@es it clear that no actual
sex change is )ossible% 6nly out'ard change in gender )resentation is
)ossible4 that is4 )ersons of one sex may a))ear to belong to a diIerent
sex4 but change of sex has not occurred%
Erinyes recognises that many transgendered )eo)le do not 'ant to have
the terms :chosen genderN or :gender history used% &hile 'e are4 in
)rinci)le4 ha))y to su))ort them if they do not deem these terms to be
a))ro)riate for them4 Erinyes does not su))ort the current moves to have
gender re(assignment made invisible in any )ersons identity by4 for
exam)le4 allo'ing documentation change%
5his submission asserts it is short(sighted to confuse sex 'ith gender% 5his
is no' common )ractice and fails in its societal duty to 'omen(born(
female4 raised as girls4 and to men(born(male raised as boys4 to intersex
)eo)le and to transgendered )eo)le by forcing transgendered and
intersex )eo)le to !t into these t'o sex categories% 5hese sex categories
have been elided into only t'o :gender categories on most forms% $f these
sex categories 'ere extended4 in legislation4 to identify intersex4 B5CA
and A5CB as such4 and thus not forcing transgendered and intersex
)eo)le into these restrictive male and female sex categories disguised as
gender then many of the rights of 'omen(born(female that are currently
being eroded 'ould be restored%
$f transgendered )eo)le continue to be reclassi!ed as male and female4
then the rights of 'omen(born(female4 and of course men(born(male4 'ill
continue to be transgressed%
9sing the grou)ing ,L25$4 as if the individuals and grou)s 'ithin the term
are homogenous4 is in error and leads to human rights abuses of lesbians(
born(female and others%
As )ointed out in <uestion .4 any identi!cation labels should be :female4
male4 :Sntersex4 :transgender B5CA and transgender A5CB% &e do not
acce)t that transgendered )eo)le4 'ho are born male4 can ever become
female and therefore can never be Lesbians%
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!"at terminolo&y s"ould be used to ensure t"at %eo%le #"o
identify as intersex are %rotected from discrimination in
federal la#( S"ould t"e term .intersex/ be used( S"ould
%rotection from discrimination on t"e basis of .sex/ include
%eo%le #"o are of .indeterminate sex/(
5his <uestion refers to )eo)le 'ho are intersex and it is rightfully u) to
them to decide on terminology% Erinyes has no ob-ection to the use of the
term intersex Erinyes believes that )eo)le of indeterminate sex have the
same right of )rotection from discrimination as all other )eo)le%
A23= 63490653547 Erinyes > #?"?
Page #/ of +#
!"at ot"er actions #ould you li0e to see t"e Australian
Goernment ta0e to better %rotect and %romote t"e ri&"ts of
LG1TI %eo%le in Australia(
5he right to be free from )ersecution is a human right% $n some states in
Australia4 rights4 such as freedom of association4 such as the right for
lesbians(born(female4 raised as girls to meet together4 are at ris@ from the
very legislation that 'as intended to )rovide )rotection from
discrimination% 5he most im)ortant action is recognition that lesbians(
born(female become invisible under the grou)ing of ,L25$ and that the
categories to be used in anti(discrimination legislation are sex4 sexual
orientation and A5CB and B5CA transgender% 5he categories of B5CA and
A5CB transgender must not be subsumed under :sex or hidden under
:gender identity but rather they should be given recognition as se)arate
categories in their o'n right%
Protection from Re)eated Challenges
5ransgendered individuals4 actively su))orted by 'ell(funded transgender
centres4 fre<uently use anti(discrimination la' to challenge Lesbians(
born(female rights to meet 'ith other Lesbians(born(female% Each case
that has been fought through the courts has been 'on by the lesbians(
born(female4 raised as girls4 grou)% Some of these cases 'ere a))ealed
and yet still 'on by the Lesbians(born(female% 5he eIort and ex)ense of
Lesbians continually having to defend their human rights through legal
actions in courts is exhausting and culturally and )sychologically
traumatising% $t is also a drain on the resources of the State to @ee)
hearing such cases re)eatedly%
Erinyes <uestions 'hether vexatious claims could be more eIectively
)revented by using only the terms sex and sexual orientation in anti(
discrimination legislation%
$t is our contention that4 in instances such as the Sa))hos Party case in
the South Australian E<ual 6))ortunity 6Pce4 it 'ill be bene!cial if
federal legislation circumvents the need to try similar cases in each state
legal system%
Protection for Sexual orientation4 Education on Human Rights and
criminalisation of violence
All )eo)le should be )rotected from abuse and bullying and anything but
merit based em)loyment and )rogression% Erinyes believes it to be
)referable and more eIective4 to ensure that all actions of violence and
bullying are criminalised4 and that education on human rights should be
delivered on a society('ide basis4 and through all stages of the lifecycle4
to )revent sexual orientation and gender(based harm from ha))ening in
the !rst )lace4 than to )rotect gender identity by la'%
A23= 63490653547 Erinyes > #?"?
Page #+ of +#
,ender Reassignment ocumentation Hides the Real Aacts
,ender identity/gender diversity legislation is at ris@ of )rotecting men
'ho thin@ they are 'omen from vili!cation but leaving the actual 'omen(
born( female and( raised as girls 'ith no )rotection from vili!cation as
'omen4 'hether or not they are Lesbians%
5he )rovision of identity document changes for transgendered )eo)le
allo's any man to enter any 'omens s)ace and )uts 'omen at extreme
ris@ of sexual assault% &omen 'ill have no safe s)ace% Aurthermore
research and anecdotal evidence has sho'n that B5CA transgender
)eo)le still behave li@e men even after hormone treatment and gender
reassignment surgery see ,reer F";;;G4 ,ottschal@ F#??;G4 CeIreys F#??7G
Raymond F";1;G
5he category of 'omen born(female and raised girls must be included or
the category of gender identity must be excluded to ensure the safety of
8?M of the )o)ulation F'omen born and raised femaleG and )rotect their
human rights
Bedical $nterventions and Protection of Children
Erinyes asserts that government funding should never be available for
gender reassignment surgery% 5he human rights of transgender )eo)le are
violated if government funds the mutilation of healthy bodies to align
these bodies 'ith a )olitically constructed ideal%
Aurthermore4 )uberty delaying drugs should not be available for the
treatment gender dys)horia and children should not be treated for
transgenderism 'ith )hysiological methods% CeIrey F#??.G in an article
'Cudicial Child !use/ ;amily Court of ustralia Gender Identity disorder
and the le% Case'4 argues that the diagnosis and treatment of
transgenderism is )articularly harmful to children and that such diagnosis
and treatment is a form of child abuse%
Exem)tions and 5ax Payer Aunded iscriminatory Service
)rovision
Erinyes asserts that all human rights 'ould be better )rotected if the
blan@et exem)tion for religious bodies 'ere removed for any occasion
'hen they are oIering government funded or co(funded services to the
community% Any government funding should not be used to )roselytise
bigotry and )re-udice% 5hus automatic exce)tions should not be available
to religious schools and if they 'ish to continue to receive government
funding they 'ould have to cease discriminatory )ractices and teachings%
$t is a betrayal4 and contradiction4 of social -ustice if a Lesbian citiRen(
tax)ayers dollars are used to fund the very organisations that exclude4
marginalise4 and treat her as une<ual before the la'% Religious
organisations )lead that )ermanent exce)tions and exem)tions from the
A23= 63490653547 Erinyes > #?"?
Page #8 of +#
States E<ual 6))ortunity Acts4 due to their religious beliefs4 are
reasonable% 5he latest con!rmation of this )osition 'as by Dictorias
Scrutiny of Acts and Regulations Committee FSARCG as late as 3ovember4
#??;%
3ot only do Lesbians involuntarily fund discriminatory organisations4 via
taxation% As a result of 0%ceptions and 0%emptions to most States 01ual
&pportunity cts$ -es!ians" safe access to schools$ as teachers$ pupils$ or
even gardeners$ to )elfare agencies and other community services Fas
'or@ers or clientsG4 to hos)itals Fas 'or@ers or )atientsG4 and even to
residential and community aged care Fagain4 as either 'or@ers or clientsG
cannot be assured% Aor instance4 if a Lesbian tried to access the #" )ublic
hos)itals4 8+ )rivate hos)itals4 and 88? aged care services run by one
)articular religious institution she 'ould have absolutely no legal redress
if they abused her4 discriminated against her4 sac@ed her4 or denied their
services to her%
Erinyes therefore submits that the Aederal government should remove all
exce)tions or exem)tions given to religiously(run organisations if they
receive any )ublic funding 'hatsoever for any of their activities and that4
in fact4 their tax exem)t status H 'hich4 in eIect4 amounts to tax)ayer
subsidisation H should forth'ith be removed% $f this cannot be achieved4
then4 at t"e ery least4 a religiously(run organisation 'hich 'ishes to
discriminate against Lesbians should be held accountable in a court of la'
and have to -ustify doing so on a case(by(case basis Fat its o'n ex)enseG4
'ith )unitive damages a'arded if it fails to do so% 5he current situation4 in
'hich neither the Dictorian Charter nor the Dictorian Parliament has the
)o'er to com)el an institution not to behave in a discriminatory manner is
unacce)table in a democracy in 'hich there is su%%osed to be a
se)aration of Church and State4 and 'here there is a )utative belief in
social -ustice%
A))lication of Religious Exce)tions to Commercial Activities
$n the recent Dictorian Civil and Administrative A))eals 5ribunal hearing
Co!a) Community Health #ervices v Christian Youth Camps -td D nor
F#?"?G a case of a religiously(run adventure cam) denying access to a
rural ,L25$ suicide )revention grou) 'as heard% 5he defence used 'as
that the religious organisation 'as exem)t under the act% 5he court ruled
that the cam)site is a business and an exce)tion did not a))ly% $f the
exem)tion for religious organisations 'as removed these cases 'ould not
have to be brought before the courts% 5his )rinci)le 'as also illustrated in
the Sa))hos )arty case discussed above%
Human Rights and Custice Education is Aederal Res)onsibility
5he Aederal government ta@es little or no res)onsibility to ensure that the
education materials and activities of government funded organisations are
non(discriminatory% Currently4 the res)onsibility is on the victim to re)ort%
&e believe there should be more active auditing to deter discriminatory
A23= 63490653547 Erinyes > #?"?
Page #. of +#
services and )ractices% $f this auditing revealed discriminatory services4 a
funding moratorium could be instituted%
$f any educational material or services about human rights and anti(
discrimination fails to include the rights4 and identity4 of lesbians(born(
female and 'omen(born(female Fthus 8?M of the total )o)ulationG 'e
argue that this is discriminatory material or services and should not be
funded%
Pea@ 2odies 3ot Re)resentative
5here is no )ea@ body that ade<uately re)resents Lesbian(born(female
rights% $t 'as )ointed out in Question . that ,L25$ organisations do not
ade<uately re)resent Lesbians(born female needs and vie's% Aederal
government de)artments should be 'ary of assuming that any
submissions from ,L25$ )ea@ bodies actually ade<uately re)resent the
vie's and needs of Lesbians(born(female% $t is urgent that funding should
be made available to su))ort a lesbian s)eci!c )ea@ body in Australia%
2ill of Human Rights Re<uired 5o Harmonise Legislation
5he rights of 'omen(born(female4 raised as girls and therefore the rights
of Lesbians(born(female4 raised as girls should be embedded in the
Constitution of Australia% 9ntil this is achieved4 any Aederal or State
,overnment can sim)ly remove the )iece of legislation that besto's
those rights%
Lesbian Disibility in Research and Statistical ata
,overnment funded research4 and also the collection of statistical data4
such as the annual EE6 statistics4 should be re<uired to disaggregate on
the basis of sex and sexual orientation4 for instance4 se)arating not only
male and female data4 but also data Lesbians and heterosexual 'omens%
All Aederal )olicy consultations should include lesbian(s)eci!c target
grou)s 'herever any s)eci!c target grou)s are mentioned% Aor4 instance
any research into aged care services should investigate the needs of older
Lesbians FA))endix E= 5he Catch(## of Lesbian Aged CareG%
A23= 63490653547 Erinyes > #?"?
Page #1 of +#
Summary Erinyes submission
Erinyes su))orts the )rotection of transgender and other gender non(
conforming )eo)le from discrimination4 violence and humiliation%
Erinyes argues that the term :gender identity should not be included in
legislation% $nstead the terms :male to constructed female transgender
and :female to constructed male transgender should be used as s)eci!c
identity categories in recognition that B5CA and A5CB are not4 in actuality4
biologically the sex they )resent to society% 5he use of gender identity
allo's an almost invisible transgression of 'omen(born(female and
lesbian(born(female rights% Any )ro)osed legislation should use the
identities of FiG &omen(born(female4 raised as girls4 and living in society as
'omen Fthat is4 8?M of the )o)ulationG and FiiG Lesbians(born(female4
raised as girls and living in society as 'omen Fsee Q. for com)lete list of
identity labelsG%
&e assert that $f gender identity is included in legislation than 'omen(
born(female and lesbians(born(female4 'ill be unable to exercise their
rights to
i% Areedom of )eaceful assembly and associationN
ii% Peaceful en-oyment of lesbian(born(female cultureN
iii% Areedom of female(centred s)iritual )racticeN
iv% Political ex)ression Fthe freedom of to s)ea@ )ublically of their
understanding of the 'orldGN and
v% Access for 'omen(born(female to a s)ace that is safe from all men%
Erinyes acce)ts that transgender )ersons strongly desire to be recognised
as a diIerent sex but 'e argue that they do not become that sex%
5herefore4 transgender )eo)le should logically retain only their rights to
sex discrimination )rotection in their original sex%
All other discrimination )rotections must come from human rights and
)rotection4 through s)ecially named transgender rights4 or the criminal
code4 but not from sex discrimination )rotection as 'omen%
$n summary the reasons for Erinyes )ro)osition is=
5he category of gender identity means that any man F)re(o)erative or
)ost(o)erativeG 'ho says that he identi!es as a 'oman is classi!ed as a
'oman in la'% 5hus4 such individuals can undermine institutions and la's
that have been designed to )rotect 'omen born and raised female%
A23= 63490653547 Erinyes > #?"?
Page #7 of +#
5he freedom to associate s)eci!cally 'ith other 'omenHborn(female and
raised as girls in certain circumstances such as festivals4 s)iritual
)ractices4 s)orting teams4 and lesbian social su))ort grou)s and
counselling grou)s is im)ortant to the develo)ment of self%
&omen cannot be fully )rotected in institutions such as 'omens refuges4
and CASAs if individuals 'ho are not female born are allo'ed entry%
5he ex)eriences of transgendered )eo)le4 li@e the ex)eriences of gay men
and lesbians4 re0ect the dominant attitudes4 values and beliefs in the time
in 'hich they 'ere born and raised% 5he historical4 social and )olitical
context in 'hich a )erson lives must be considered 'hen inter)reting their
ex)eriences%
5he idea of childhood gender non(conformity is no' being ado)ted as
evidence of transgenderism% 5his gender non(conformity has traditionally
been ex)erienced by lesbians4 gay men and heterosexual 'omen4 and to a
lesser extent by heterosexual men F'ho are more strongly conditioned to
be masculineG4 and 'as sim)ly vie'ed as resistance to social stereoty)ing%
5hus some )eo)le4 'ho in the )ast may have become lesbians or gay
men4 or even gender non(conforming heterosexual men and 'omen4 are
no' inter)reting this as evidence of transgenderism%
Contem)orary research )oses strong challenges to the theory that sexual
identity is related to congenital gender inversion and childhood gender
non(conformity%
5he argument/ex)lanation that transgendered )eo)le are Jborn in the
'rong bodyK is re-ected by the evidence% &e assert that transgenderism is
a social construct that has been too easily associated 'ith gender identity
$t is short sighted and dangerous to legislate as though a )roven biological
basis for the )henomenon of transgenderism exists% Such legislation 'ill
result in the denial of rights of 'omen(born(female%
A23= 63490653547 Erinyes > #?"?
Page #; of +#
Reference List
Australian Human Rights Commission FAHRCG% F6ctober4 #?"?G% Protection from
discrimination on the !asis of se%ual orientation and se% and:or gender identity/
Discussion Paper4 Australian Human Rights Commission= Sydney%
Human Rights Commission FAHRCG% F6ctober4 #?"?aG% Protection from discrimination on
the !asis of se%ual orientation and se% and:or gender identity/ Research Paper prepared
!y nna Chapman$ University of (el!ourne$ Australian Human Rights Commission=
Sydney%
Australian Human Rights Commission FAHRCG% FSe) #??;G% ccumulating PovertyE
4omen"s 0%periences of Ine1uality &ver the -ifecycle n issues paper e%amining the
gender gap in retirement
savings,htt)=//'''%humanrights%gov%au/sexTdiscrimination/)ublication/genderTga)
2an'ell4 C%4 2ammer4 ,%4 ,iIord4 S%B%4 and 62rien4 B%L% F#??8G% Australian Lesbian and
2isexual &omens Health and Social Ex)eriences of Living 'ith He)atitis C4 Health Care
for 4omen International$ #.=/+?(/8+%
CorboR4 C%4 o'sett4 ,%4 Bitchell4 A%4 Couch4 B%4 Agius4 P%4 and Pitts4 B% F#??7G% Aeeling
Queer and 2lue= A Revie' of the Literature on e)ression and Related $ssues among ,ay4
Lesbian4 2isexual and 6ther Homosexually Active Peo)le4 Report prepared for !eyond
!lue/ the national depression initiative$ Australian Research Centre in Sex4 Health and
Society= Belbourne%
,ardiner4 C% F/? A)r #?"?G% Submission by Liberty Dictoria to the Hate Crime Revie'= A
revie' of identity motivated hate crime for the Dictorian e)artment of Custice by the
Hon ,eoIrey B Eames AB QC4 Liberty Dictoria= Belbourne%
,ay4 Lesbian4 2isexual4 5rans and $ntersex Retirement Association $ncor)orated F,RA$G%
F#?"?G% 4e Don"t Have ny of 2hose People Here/ Retirement ccommodation and ged
Care Issues for Non*Heterose%ual Populations, '''%grai%org%au
,ottschal@4 L% F#??;G% 5ransgendering 'omenOs s)ace= A feminist analysis of
)ers)ectives from Australian 'omenOs services4 4omen9s #tudies International ;orum4
/#=".1H"17%
,ottschal@4 L% F#??1G% Co)ing 'ith stigma= Coming out and living as lesbians and gay
men in regional and rural areas in the context of )roblems of rural con!dentiality and
social exclusion4 Rural #ocial 4ork and Community Practice4 "#F#G= /"(+.%
,ottschal@4 L% F#??/G% Same(sex Sexuality and Childhood ,ender 3on( conformity= a
S)urious Connection% Cournal of Gender #tudies4 "#F"G4 /8(8?%
,ray4 2%4 Leonard4 &%4 and Cac@4 B% F3o dateG%4ith respect/ strategy for reducing
homopho!ic harassment in Aictoria$ Coint &or@ing ,rou) of the Attorney(,enerals and
Health Binisters Advisory Committees on ,ay4 Lesbian4 2isexual4 5ransgender and
$ntersex F,L25$G $ssues%
htt)=//'''%also%org%au/about/'hatT'eTdoT"/)ro-ects/'ra)/'ithTres)ect
,reer4 ,% F";;;G% 2he 4hole 4oman4 oubleday= BilsonOs Point4 3S&%
Harrison4 C% F#??+G% :iscrimination and older gays= surviving aged care in 01ual 2ime
nti*Discrimination Foard of Ne) #outh 4ales$ 3o ."4 August4 "(/
A23= 63490653547 Erinyes > #?"?
Page /? of +#
htt)=//'''%la'lin@%ns'%gov%au/la'lin@/adb/llTadb%nsf/v'Ailes/E5M#?AugM#??+M#?%)df/
U!le/E5M#?AugM#??+M#?%)df
Ha'thorne4 S% F#??7(#??;G% o Lesbians have Human Rights* #inister 4isdom$ &inter
3umber 18% )) .8(7"%
Ha'thorne4 S% F#??1G% 5he Silences 2et'een= Are Lesbians $rrelevant* Cournal of
International 4omenGs #tudies, 4omenGs Fodies$ Gender nalysis$ and ;eminist Politics
at the ;Hrum #ocial (undial, Dol 7% 3o / A)ril4 ))% "#8("/7%
Vhtt)=//'''%bridge'%edu/SoAS/-i's/A)ril?1/Ha'thorne"%)dfW
Human Rights and E<ual 6))ortunity Commissions FHRE6CsG% F#??1G% #ame*#e%/ #ame
0ntitlements I National In1uiry into Discrimination gainst People in #ame*#e%
Relationships/ ;inancial and 4ork*Related 0ntitlements and Fene?t4 HRE6C= Sydney%
CeIreys4 S% F#?"?G% 5he sex industry and business )ractice= An obstacle to 'omens
e<uality4 4omen"s #tudies International ;orum$ //F/G% #1+(#7#,
CeIreys4 S% F#??7G% 5hey Lno' it &hen 5hey See $t= the 9L ,ender Recognition Act #??+
(2ritish Cournal of Politics and International Relations% "? F#G4 /#7(/+8%
CeIreys4 S% F#??.G% Cudicial Child Abuse = 5he family court of Australia4 gender identity
disorder4 and the :Alex case% 4omen"s #tudies International ;orum$ #;4 "("#%
CeIreys4 S% F";;1G% 5ransgender activism= A lesbian feminist )ers)ective4 Cournal of
-es!ian #tudies4 "F//+G=88X1+%
Lline4 C% F#??.G% Discovering les!ian communityE n e%ploration of les!ians9 e%periences
and perceptions of shared community4 e)artment of Political Science4 5he 9niversity of
Belbourne4 Fun)ublished Ph thesisG%
Leonard4 &4 Bitchell4 A4 Aox4 C Y Patel4 S% F#??7G% Coming ;or)ard/ 2he underreporting of
heterose%ist violence and same*se% partner a!use in Aictoria, Australian Research Centre
$n Sex4 Health and Society4 La 5robe 9niversity= Belbourne%
Lesbian E<ual 6))ortunity Reading and Research ,rou) FLE6RRG% F#??.(#??1G% 6nline
community #??. /#??1
Bc3air4 R%4 and 5homacos4 3% Feds%G% F#??8G% Not Yet 01ual/ Report of the AG-R- #ame
#e%
Relationships #urvey$ Dictorian ,ay and Lesbian Rights Lobby= Belbourne %
Bantilla4 L% F#???G% Ben in e'esO clothing= 5he stealth )olitics of the transgender
movement4 &. &ur Facks4 8X"# A)ril%
Batrix ,uild FDicG $nc and Dintage Ben% F#??;G% Permission to #peak/ Determining
#trategies 2o)ards the Development of Gay$ -es!ian$ Fise%ual$ transgender and Interse%
;riendly ged*Care #ervices in Aictoria$ Batrix ,uild FDicG $nc= Belbourne%
Batrix ,uild FDicG $nc and Dintage Ben% F#??7G% (y People/ ProJect 0%ploring the
0%perience of Gay$ -es!ian$ Fise%ual$ transgender and Interse% #eniors in ged*Care
#ervices$ Batrix ,uild FDicG $nc= Belbourne%
Raymond4 C% F";;+G% F#nd Ed%G% 2he 2ransse%ual 0mpire/ 2he (aking of the #he*male$ 3e'
Eor@= 5eachers College Press= Columbia 9niversity%
Redgold4 S4 F#??1G% #appho Gave Party and K 4 Pa)er )resented at $nternational
Aeminist Summit4 A(Agenda% 5o'nsville%
htt)=//'''%feministagenda%org%au/Summit/summit$ndex%html
A23= 63490653547 Erinyes > #?"?
Page /" of +#
Rose4 % 2% F";;.G% :Land Rights and ee) Colonising= 5he Erasure of &omen in
!original -a) Fulletin4 Dol /4 3o 784 6ct4 Aboriginal La' Research 9nit4 3S&%
Scrutiny of Acts and Regulations Committee FSARCG% F3ov #??;G% 0%ceptions and
0%emptions to the 01ual &pportunity ct >LLM I ;inal Report$ Parliament of Dictoria=
Belbourne%
SolarR4 A%C% Fed%G% F";;;G% -es!ian Health/ Current ssessment and Directions for the
;uture$ 3ational Academy Press= &ashington C%
S'eeney4 2% F#??+G% 5rans(ending 'omenOs rights= 5he )olitics of trans(inclusion in the
age of gender4 4omen9s #tudies International ;orum4 #1F"G= 18X77%
9nited 3ations ,eneral Assembly Press Release% F#? 3ov4 #?"?G% 80%traJudicial$ summary
or ar!itrary e%ecutions" htt)=//'''%un%org/3e's/Press/docs/#?"?/gashc/;;1%doc%htm
9nited 3ations ,eneral Assembly%F"7 ec #??7G% #tatement on Human Rights$ #e%ual
&rientation$ and Gender Identity, '''%un%org
9nited 3ations ,eneral Assembly% Fec ";1;G% Convention on the 0limination of ll ;orms
of Discrimination gainst 4omen <C0D4= at '''%un%org
9nited 3ations ,eneral Assembly% Fec ";..G% International Covenant on 0conomic$
#ocial and Cultural Rights <IC0#CR= '''%un%org
9nited 3ations ,eneral Assembly% Fec ";+7G% Universal Declaration of Human Rights
<UDHR=,
'''%un%org
9nited 3ations ,eneral Assembly% Fec ";+7aG% International Covenant on Civil and
Political Rights <ICCPR=% '''%un%org
Dancouver Ra)e Relief and &omenOs Shelter FDRR&SG% F#??.G% ;or )omen only, 5he
Collective of Dancouver Ra)e Relief and &omenOs Shelter= Canada%
Dictoria Legal Aid4 Dictorian ,ay and Lesbian Rights Lobby4 and La' $nstitute of Dictoria%
F#??1G% &ver the Rain!o)/ Guide to the -a) for -es!ian$ Gay$ and 2ransgender
Communities in Aictoria$ Dictoria Legal Aid= Belbourne%
&alton4 B% F6ct #??;G% Revie) of the ged Care Complaints #cheme$ e)artment of
Health and Ageing= Canberra%
A23= 63490653547 Erinyes > #?"?
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A%%endix A2 $ Interie# !it" a 3oun& Lesbian 43L5
5hese are some edited highlights from an intervie' 'ith a young Lesbian4
'ho 'as re0ecting u)on her ex)eriences in education% $t should be noted
that homosexuality 'as removed4 from the iagnostic and Statistical
Banual FSBG( 'hich )sychiatrists use to diagnose mental disorders H in
";1/% And4 in #??#4 the Australian Bedical Association issued a )osition
statement on Sexual iversity and ,ender $dentity% Article .%" of this
statement reads= :5he ABA believes that a doctors non(-udgmental
ac@no'ledgment of a )atients sexual orientation4 gender identity and
behaviour enhances clinical care FABA4 #??#G% 3othing 'ithin the
Dictorian E<ual 6))ortunity Act #?"? )rotects this student from the @ind
of bullying in school described in this A))endix%
:$ 'ent to a CatholicZCatholic schools right the 'ay through4 but the
violence didnt sto)ZF$tG 'as about Eear 3ine and )eo)le sus)ected $ 'as
gay% $ didnt @no' $ 'as gay4 at that stage4 or a lesbian% So $ 'as called a
Jbric@ys labourerK% 5hat 'as one of the things4 Jdy@eK%
:Loo@4 $ had a lesbian teacher4 at that stage4 and once everyone found out
she 'as gay4 she 'as @ic@ed out of school% Also4 because in class she
mentioned that a good form of contrace)tion 'as to be gay4 :cause you
'ouldnt get )regnant%
:$ got JoutedK 'hen $ 'as in Eear 5'elve and the 'hole school @ne' $ 'as
gay :cause it 'ent right the 'ay through and in classes )eo)le 'ould
ma@e comments4 thro' stuI at me% 5he teachers 'ouldnt do anything% $
had one teacher actually -oin in% So that 'as disgusting%
:$ had another teacher4 though4 that 'as my )sychology teacher and he
brought in stuI to stay that some )eo)le 'ere gay4 biologically4 and
theres diIerences in the brain and that sort of changed a cou)le of
)eo)les )erce)tions%
:2ut $ had my head slammed into loc@er doors% $ had my school busZ
)eo)le yelling out comments non(sto)4 -ust generally= J$ts disgusting[K4
JEou fuc@ing lesbian[K4 JAuc@ing dy@e[K And generally itd be in big grou)s%
:Cause $ 'as @no'n for beating u) school bullies at my school4 so no one
'ould ta@e me on one(on(one%
:By sister4 little sister4 'ent to the same school and she started the year
after $ !nished and she 'as )ic@ed on all the 'ay through her school
because it 'ent right through the school% So she 'as bullied right the 'ay
through her schooling4 of course% F$G got outed4 everyone found out4 so all
the )eo)le in other years @ne'% So4 'hen she started there4 she co))ed it
A23= 63490653547 Erinyes > #?"?
Page // of +#
as 'ell% And none of the teachers4 a)art from the )sychology one4 actually
actively too@ ste)s to sto) it%
5he Dice(Princi)al 'as gay but he4 he could not tell anyone% And $
remember4 li@e4 he )ulled me into his oPce after $ !nished and told me
that he 'ished he could have done more4 but he 'ould have lost his -ob%
And that his )artner died 'hile he 'as teaching there and he 'asnt able
to tell anyone%
:$ 'as sent to a school counsellor to try and 'or@ out 'hy $ 'as gay and to
sto) me being gay% And my )arents 'ere called to tell them that $ 'as
gay
FEL 'as as@ed if her )arents @ne' alreadyG% :3o4 my mum didnt4 my dad
didZsoZbut that 'as because they 'anted meZ Fthe school 'antedG
)ermission to send me to a )sychiatrist4 to 'or@ out 'hat 'as 'rong 'ith
me because $ 'as gay% 5hat there must have been some sort of
disorderZ%So $ 'as sent to a school )sychiatrist4 )sychiatrist near the
school4 to try and 'or@ through 'hy $ 'as% And F$G 'as told that4 because $
'as abused as a @id4 that made me gay%
:And then $ 'as banned from the school4 after'ards% $ 'as su))osed to be
loo@ing after my sister andZFcause my )arents fought hea)sG4 $ 'as
su))osed to be ta@ing an active role loo@ing after her% And they 'ouldnt
let me in the school4 exce)t to see her%
:By )artner 'as in Eear Eleven4 belo' me4 and $ 'asnt allo'ed to come
visit her% And then they made an exce)tion4 that $ 'as allo'ed to come4
but $ had to be escorted by a teacher in case $ made any of the other
students gay% So $m contagious4 too[ SoZ&hether it 'as an oPcial
)olicy4 or anything4 that $ had to re)ort to Admin4 and get escorted to go
see my little sister% And my girlfriend said she could al'ays tell 'hen $ 'as
in the school grounds4 because everyone 'ould say4 :5he trench coat
lesbians here[ $ used to 'ear an overcoat4 and that 'as -ust 'hat $ 'as
@no'n as%
:$t 'asZ)retty horri!c4 and $ can understand 'hy there 'as a lot of gay
suicides at my school% Li@e4 there 'as one every year% $ @ne' the guy a
year level above me4 he 'ent to a )arty and gave a guy a blo' -ob and
then someone found out4 and the guy said that he ra)ed him% Someone
found out that he had oral sex 'ith a guy% And4 rather than admit that he
did it voluntarily4 he said that he 'as ra)ed% And the guy had to do a
)olice re)ort and that night @illed himself%
:And the Dice(Princi)al4 that 'as gay4 told me about the suicide4 other
suicides as 'ell% SoZ you @no'4 it 'as -ust the attitude in the school
thatZ$t 'as so much hatred% 6h4 'ell4 thats 'hat the Dice(Princi)al said%
A23= 63490653547 Erinyes > #?"?
Page /+ of +#
:5he4 the lesbian teacher4 'ho $ had in Eear 3ine did some research on gay
ex)eriences in Catholic schools and lesbians and she told me about it4 as
'ell% She did her Ph on it% She tried to be as su))ortive as she could4 and
she said that shed )ic@edZthat she thought $ 'as a lesbian and 'as
trying to do counselling and stuI4 'ith me4 around that4 'ithout actually
saying $ 'as% 2ut she tried to come in4 and be su))ortiveZShe used to do
massage 'ith )eo)le 'ho had A$S4 and one of the students reacted
)oorly to that4 as 'ell4 so they 'ouldnt let her touch :em4 stuI li@e that4
:cause shed obviously have A$S4 too%
:SoZ li@e4 because it 'asnt in the \sex education] curriculum%
:5here 'as so much fear and hatred% Li@e4 )eo)le thought that if they
'ere around me4 or anything li@e that4 other girls 'ere thin@ing that $ 'as
attracted to them% $ had to have my o'n room4 on the school cam)4 :cause
$ 'asnt allo'ed in the guys room4 :cause its a Catholic school4 and $
'asnt allo'ed in the girls room in case $ did anything to the girls% Arom
one cam)4 $ had to be in a room on my o'n4 and the other cam) $ had to
be in a room 'ith the teachers% 3o other student 'as treated li@e that%
:6h4 $ 'as )ut on medication4 'hich $ later had been told that there 'as no
need for me to be )ut on medication% And told that )art of my )ost(
traumatic stress 'as that $ 'as a lesbian and that $ had )hobia of men4
and all this @ind of stuI4 'hich 'as com)letely unfounded%
:And even the )sychologist $ 'ent and sa' recently4 at #7 years of age4
and he still said that being gay can be a sym)tom of a )sychological
disorder and 'anted to 'or@ on that% 5his 'ould have been about three
'ee@s ago Fin #??;G%
:$ -ust told him that $m not )re)ared to tal@ about it and $ said4 as far as
$m concerned4 $m a lesbian4 $m ha))y being a lesbian4 and $ dont thin@
that4 see that4 as a )roblem in need of !xingZAnd he sort of too@ a very
big bac@ ste) and said o@ay4 that he 'as ha))y to do that%
:$ve had to see lots of counsellors in my life 'hove also ta@en that
stance% 5hey thought it 'as a sym)tom of bi)olar disorder and4 umZ
evidently a border(line )ersonality can have traits of being gay%
:SoZ$d )robably call it moreZ homo)hobia from )rofessionals and $ thin@
its more )art of the medical model that anything diIerent has to be
something 'rong4 something deviant and its classi!ed as a sic@ness so $
thin@ thats more 'here that comes from%
:$d li@e say it got better at uni4 but it didnt% $ @no' a lot friends that 'ere
bashed on cam)us% Lesbians4 lesbians that 'ere bashed on cam)us% $
@ne'4 actually4 more lesbians than gay males that 'ere bashed%
A23= 63490653547 Erinyes > #?"?
Page /8 of +#
:And 'al@ing around the streets4 $d been 'al@ing do'n the street 'ith my
mum and had )eo)le yell out4 JAuc@ing lesbian[K and4 li@e4 my mum
doesnt s'ear% $ 'as horri!ed it 'ould ha))en in front of my mum%
:And my favourite 'as getting yelled at4 JAuc@ing )oof[K4 at 'hich )oint $
0ashed my tits and say4 J$m a lesbian[ ,et it right ( tits4 girl[K
:So $ had my o'n 'ays of dealing 'ith it% 2ut $ sort of4 $ found it
every'here and $ve been reluctant4 'here $ live no'4 to hold hands even
though $ can hold hands 'ith my )artner% $ @no' t'o gay guys living on
my street4 and theyre too afraid to do it4 as 'ell%
:$ts -ustZ$ sort of !nd it every'here% ,oing out in )ublic4 $ used to go to
bars 'ith )artners and get guys 'anting to -oin in and get very4 very in
my face4 li@e they 'ould literally try and @iss me 'hile $ 'as @issing my
)artner4 and stuI li@e that% So $ dont li@e going to any situations li@e that
no'%
:$ thin@4 its the ex)eriences $ had gro'ing u)4 'here )eo)le thought that $
'as instantly attracted to them :cause $ 'as gayZAnd all lesbians are
some sort of Jsex machinesK4 attracted to everyone4 that dont have any
taste%
:$ thin@ the funny thing is4 no'4 )eo)le thin@ that it doesnt ha))en% Cust
because being gay and lesbian is more acce)ted4 it doesnt mean that it is
com)letely acce)ted% $ got onto counselling 'ith youth% 5here 'as a lot
more acce)tance there% Exce)t4 they still turned around and said4 li@e4
-o@ingly to each other4 :5hats so gay[ And $d )ic@ them u) on it%
:$ 'as tal@ing to one of my mates4 on stuI li@e that% He said4 J$ts o@ayK4
and JPeo)le call each other dy@es and )oofsK% Although4 if you are gay4
thats4 that really hurts to hear it%
A23= 63490653547 Erinyes > #?"?
Page /. of +#
A%%endix 12 Sa%%"o/s 6arty Inc and EO %ractices in SA
5his A))endix is a con!dential statement by a Sa))hos Party Partici)ant%
$t is for AHRC Eyes only
Provided se)arately
A23= 63490653547 Erinyes > #?"?
Page /1 of +#
A%%endix C 7 Labels used on forms for self identifcation
$n survey design in research on ,L25$ )eo)le ( as 'ell as the )resentation
of statistics in Australian Human Rights Commission community
consultations ( care needs to be ta@en to ensure that the labels used in
the demogra)hic section of surveys and forms includes the most
commonly used terms%
5he follo'ing table )rovides the relative numbers of ,L25$ )eo)le in
various research surveys 'ho identi!ed in diIerent 'ays% $t can be seen
that the ma-ority of res)ondents identify as either Lesbian or gay4 rather
than transgendered or <ueer%
As can be seen from the follo'ing information and table4 Lesbians4 'hen
given the o))ortunity to self(identify4 )refer the term Lesbian and yet this
term is often not used in oPcial survey forms%
uring the Sydney and Belbourne consultations4 some very diIerent
claims 'ere made 'ith regard to the numbers of transgendered )eo)le in
the ,L25$ )o)ulation from the !gures in the follo'ing table4 'ith
transgender re)resentatives claiming highly in0ated statistics%
5he table belo' ma@es it clear that in the surveys listed the ma-ority of
)eo)le identify as Lesbian or gay and that only a very small number of
res)ondents identi!ed as transgender%
Erinyes ac@no'ledge that4 due to the )artially(hidden nature of the ,L25$
)o)ulation )robability sam)ling is not )ossible% 5hus generalisability is
also not )ossible% Aurthermore it is not )ossible to determine the numbers
of )eo)le in the )o)ulation 'ho are gay4 lesbian4 bisexual or intersex and
it is not )ossible to determine ho' many )eo)le in the )o)ulation are
transgendered )eo)le%
A23= 63490653547 Erinyes > #?"?
Page /7 of +#
Sexual Orientation'Gender Identity Re%resented in *arious Australian Sureys of 8on$
Heterosexual 6eo%le +,,9$:;+;
3o% of Survey Partici)ants4
5itle4 Eear Published and State
ata Collection Bethod4
9nderta@en/S)onsored by=
$dentify as=
Lesbian/y@
e/
,ay
&oman/
Homosexual
,ay Ban/
Homosexual 2isexual
5rans(gender
$ntersex Queer 6th
er
3ot
,iven
n^"??# ";;+ D$C
3ot a ay ,oes 2y
Hard co)y survey
,ays and Lesbians Against
iscrimination
+8? +87 .. + F3ot as@ed H
may be
included in
:6therG
. . "#
n^.?? #??/ 3S&
Eou Shouldnt Have to Hide to be
Safe
Hard co)y/online survey Y 7 focus
grou)s4 Attorney(,enerals e)t of
3S& F9rbis4 Leys4 EoungG
#8" #;1 /1
Fincl # trans(
gendered
)eo)leG
; .
3^;8 #??/ D$C Frural4 ,ram)ians
areaG
3ot so ,ay in the 2ush= :Coming 6ut
in Regional and Rural Dictoria4
Pa)er <uestionnaire and )ersonal4 in(
de)th intervie's4
9niversity of 2allarat and Dictorian
e)artment of Health Services
F,ottschal@ and 3e'tonG
+? :lesbian
1 :gay
?
:homosexua
l
? :lesbian
/? :gay
+
:homosexual

&omen ( +
Ben ( ?
&omen
( #
B
en ( 8
&ome
n ( #
Ben
( "
n^.+; #??8 D$C
3ot Eet E<ual
Hard co)y survey
Dictorian ,ay and Lesbian Rights
Lobby FBc3air and 5homacosG
/1.
/88
:lesbian
"; :gay
?
:homosexua
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### /+ 8
F" identi!es as
:lesbian4 # as :bi(
sexual4 # as
:otherG
"
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lesbianG
"? "
n^/;? #??7 D$C
Coming Aor'ard
6nline survey
Dictoria La' Aoundation4,ay and
Lesbian Health Dic4 Dictoria Police
FLeonard4 Bitchell4 Patel and AoxG
;8
;8 :lesbian
"# also
:gay
?
:homosexua
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#"# /8
Fincl
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" A#BG
B#A 7
A#B +
FPlus / B#A 'ho
identify as
:lesbianG
" ; #/_
A23= 63490653547 Erinyes > #?"? Page /; of +#
n^"?;+ #?"? QL
S)ea@ing 6ut
6nline survey4 )lus 1 focus grou)s
Qld e)t of Custice and Attorney(
,eneral4 ,riPth and 2ond
9niversities F2erman and RobinsonG
+1#
+/;
:lesbian
?
:homosexua
l
++8 "#/ B#A "/
A#B ""
FSee :6therG FSee
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8+__
_ $ncludes heterosexual/straight F"1G4 )ansexual4 Jdont use any of these labelsK4 Jgenerally use same sex attractedK and Jgay only
under certain circumstances/contextsK%
__ $ncludes <ueer4 asexual4 )ansexual4 0uid4 transsexual4 omnisexual4 intergender4 <ueer as )artner is transitioning4 sex 'or@e
A23= 63490653547 Erinyes > #?"? Page +? of +#
A23= 63490653547 Erinyes > #?"? Page +" of +#
A%%endix D2 Surey of Lesbians$1orn$<emale on Issues of Lesbian 1orn <emale 8eeds for Lesbians$
1orn$<emale S%ace
Ra# Data
"G $s it im)ortant to you that Sa))hoOs Party is a gathering for lesbians raised female*
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Sa))hoOs Party 'as o)en to all self(identifying 'omen4 attracted to 'omen4 eg bisexuals4
transgenders4 transexuals*

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A23= 63490653547 Erinyes > #?"? Page +# of +#
8G &hen ma@ing your decision to come to Sa))hoOs Party 'as it im)ortant to you that
there 'ere no boy children*
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A23= 63490653547 Erinyes > #?"? Page +/ of +#
A%%endix E2 T"e Catc"$:: of Lesbian A&ed Care
2his ppendi% deals )ith the e.ects of the 0%ceptions and 0%emptions to the
01ual &pportunity ct Aic 56>6 <in parallel )ith legislation in other states=$ )hich
gives -es!ians no legal recourse if they are discriminated against$ or a!used$ in
community or residential aged care run !y religious !odies,
2his is in direct contravention of rticle M of the UDHR$ rticle B of the ICCPR$ the
Aictorian Charter section >6$ Yogyakarta Principles >6 and$ especially$ Principle 5L
regarding 8accounta!ility",
&alton4 'ho 'rote the !nal re)ort on the Aederal governments Aged Care
Accreditation and Aged Care Com)laints consultations4 found that Lesbians #ere
often reluctant to com%lain .because t"ey may be re)uired to disclose
t"eir non$ "eterosexual identity or t"e same sex relations"i% for fear of
ictimisation/ F&alton4 #??;=/#G% 5his 'as sho'n to be a terrifying )ros)ect for
older Lesbians4 'ho had lived in a time 'hen homosexuality 'as de!ned as mental
illness FBatrix ,uild4 #??;4 #??7G%
$n consultation submissions4 it 'as re<uested that the la' be changed to allo'
anonymous com%laints :)articularly as a safety mechanism to su))ort
com)lainants 'here there is &enuine fear of retribution====Some care
reci%ients "ae been t"reatened #it" .outin&/ by %roiders if t"ey raise a
com%laint about serice standards/ F&alton4 #??;=+?G% 5his breaches their
right to :)rivacy F9HR Article "#4 Dictorian Charter section "/4 and Eogya@arta
Princi)le .G%
Article /%8 of the Australian Bedical Associations Position Statement on Sexual
iversity and ,ender $dentity states that .Australia/s A&ed Care %olicies ma0e
no reference to t"e s%ecifc needs of GL1TI older %eo%le=== in relation to
institutional care=== are not bein& ade)uately addressed #it" culturally
a%%ro%riate care/ F6nline4 #??#G%
5he Exce)tions and Exem)tions allo' these vulnerable aged care residents no
:eIective remedy as )er $CCPR Article #F/G and Eogya@arta Princi)le #7% &hen4 as
sho'n in Batrix ,uilds research F#??7G4 they )rescribed libido su))ressants4 aged
care facilities 'ere in breach of Eogya@arta Princi)le "7 on :medical abuses% &hen
they discouraged Lesbians cultural ex)ression FBatrix ,uild4 #??7G4 they
contravened CEA& Articles " and /4 $CESCR and Article "4 $CCPR Articles " and
#14 and Eogya@arta Princi)le #.%
Service )rovider managements ignorance of the long(term eIects of lesbo)hobic
discrimination can aIect their ability to deliver sensitive and com)etent care to
their Lesbian clients F,RA$4 &A4 #?"?N Batrix ,uild4 #??;4 #??7G% 5hey may fail to
)rovide relevant )rofessional develo)ment to their staI% &hen )resented 'ith
evidence of discrimination against Lesbians in aged care4 one manager re)lied=
A23= 63490653547 Erinyes > #?"? Page
++ of +#
8It )as interesting reading !ut I don"t really kno) if )e )ould do
anything, 4e don"t really have enough num!ers of <G-F2I= clientsK
4e see a!out M666 clients a year, 4ith everything else going on this
)ould not !e a priority unless )e had the clients" <(atri% Guild$
566@/NO=,
5he Australian Bedical Association suggests that bet'een 7 and "" )ercent of
Australians are :not exclusively heterosexual FABA4 6nline4 #??#G% So she is
ignoring +??(88? residents s)ecial needs%
5he follo'ing information illustrates the needs of a )articularly vulnerable grou) of
Lesbians4 'ho are at ris@ of suicide% ue to a fear of being se)arated from )artners
and )otential abuse of their rights4 some older Lesbians %refer to commit
suicide rat"er t"an be admitted to residential a&ed care FHarrison4 #??+G%
5here is anecdotal evidence of lesbian cou)les not being allo'ed to enter the
same aged care facility4 and of their -oint home having to be sold if one member of
a lesbian cou)le needed to enter aged care FDictoria Legal Aid4 Dictorian ,ay and
Lesbian Rights Lobby4 and La' $nstitute of Dictoria4 #??1G%
iscrimination and abuse of elderly Lesbians continues4 both in the broader
community and in residential aged care F,RA$4 #?"?N Batrix ,uild4 #??;4 #??7G%
5his directly lin@s through to ris@ of de)ression and self( harm4 suicide ideation4
and suicide% &hilst organisations li@e beyondblue and the Council for the Ageing
run such )rograms as :Baturity 2lues Fbeyondblue4 #??1 6nlineG4 this )rogram is
not targetted s)eci!cally to the needs of older Lesbians4 nor of any L,25 )eo)le%
5he Dictorian Charter of Human Rights and Res)onsibilities FDE6HRC4 #??.G4 states
that %ublic a&encies are obli&ed to consider t"at %eo%le "ae t"e ri&"t to
en>oy t"eir "uman ri&"ts #it"out discrimination and t"e ri&"t to en>oy
t"eir identity and culture= T"is includes sexual identity and LG1TI
cultures%
Partly due to the decision of many L,25$ residents not to disclose their sexuality4
some :aged care service )roviders are una'are of ,L25$ clients and their )articular
needs% 5his invisibility4 and the lac@ of evidence regarding the ex)eriences of
,L25$ seniors4 )er)etuates the status <uo in 'hich discrimination often goes
unchallengedZ% 5here are many facets to the <uestion of )rivacy and if sexual and
gender identity are rendered J)rivateK then ,L25$ seniors remain invisible FBatrix
,uild Dic $nc4 #??;=.74 /;G%
Heterosexist discrimination4 li@e other forms of discrimination4 is often the result of
fear and ignorance=
t the !ase of a lot of homopho!ia is a fear of a di.erent se%uality,,,
of ho) a person can have a di.erent se%uality$ also that a )oman
could !e a les!ian !ut might also !e straight for some of her life,
A23= 63490653547 Erinyes > #?"? Page
+8 of +#
#ome )omen deny their se%uality !ecause they don"t )ant to deal
)ith the oppression that they might ?nd, <(atri% Guild$ 566L/NO=,
5here is evidence of historical and ongoing discrimination in )sychiatric and
residential aged care=
Having 8shock therapy" )as supposed to teach me ho) to !e straight,
ll it taught me )as to keep my mouth shut <(atri% Guild Aic Inc$
566L/>7=,
I keep my mouth shut, I have to !e careful )hat I say, I have no
conversation, I can"t talk to the sta. in here" <(atri% Guild Aic Inc$
566L/>7=
8K )omen )ere taught to !e self*e.acing, lot of older )omen try
not to attract unfavoura!le attention$ and once it )as noticed that you
<sic= )ere a les!ian it perhaps )ent against them, 2hey !ecame very
good at keeping 1uiet$ some of them <nne$ BB years$ les!ian= <(atri%
Guild Aic Inc$ 566@/NO=
In an aged care day care centre$ one -es!ian )ho decided to come
out$ said/ 8I get called a 'fucking thing+ in here and everything$ and 'a
poor e%cuse for a !loody )oman+" <(atri% Guild$ 566@/76=,
$nternalised lesbo)hobia can have long reaching eIects% 5he fact that she gre' u)
@no'ing that her sexuality 'as :anathema to the Christian church in 'hich she
'as raised reverberates in one Lesbians interactions 'ith other )eo)le to this day=
82he pro!lem is that part of you !elieves that you are an anathema, It
a.ects your self*esteem and things like that, 2he e.ects are insidious,
2he thing that I have )orked out is that if you kno) something and
can )ork it out intellectually it has less po)er, Fut the pro!lem is that
a lot of this is so insidious you can"t )ork it out and so there it still
retains its po)er and that"s the pro!lem" <0liPa!eth$ B5 years$
-es!ian= <(atri% Guild$ 566@/NB=,
Some comments from aged care )roviders and advocates in the sector regarding
sexuality 'ere=
82here is a silence,,,#ome of the sta. )hisper and snigger,,,2hey don"t
talk a!out it, It"s not part of their le%icon,,,4e need to ackno)ledge
our discomfort,,It re1uires constantly )orking )ith sta. to say that it
is &3 to talk a!out it <se%uality=" <(atri% Guild$ 566L/>7=,
5he normal reaction4 in some aged care facilities4 'hen sexual ex)ression occurred
:'as often a res)onse aimed at eradication FBatrix ,uild4 #??;=/8G=
8Geriatricians are not good at ackno)ledging se%uality, 2here is
increased a)areness )hen there are issues !ut it is addressed from a
medical rather than psycho*social perspective, #ome geriatricians are
positive a!out se%ualityQ others struggle and are homopho!ic" <8viva"$
A23= 63490653547 Erinyes > #?"? Page
+. of +#
geriatrician$ hospital:community care and education= <(atri% Guild$
566L/NM=,
Consensus 'as reached by one focus grou) of aged care service )roviders that a
L,25$ senior 'ould have :to be very brave to disclose in aged care FBatrix ,uild4
#??;=//G due to )otential sexuality discrimination by those 'ho are charged 'ith
Lesbians care%
$t 'as found that :A sense of mistrust and fear 'as a))arent in many stories
FBatrix ,uild4 #??;=#1G as a result of )ast discrimination%
5he situation of lesbian seniors in rural aged care facilities can be )articularly
vulnerable and isolated because there are a :hell of a lot of )eo)le 'ho are bigoted
because they dont encounter sexual diversity FBatrix ,uild4 #??;=//G% 6lder rural
Lesbians 'hose )artners die can often face exclusion because they are invisible=
8In rural Aictoria a lot of les!ians are not out, #ome of them have !een
living together for many years !ut haven"t come out to )ork or to
their family, #o$ )hen their partner dies they are devastated !ecause
they can"t tell anyone" <(atri% Guild$ 566L/NN=
6ften aged care staI misunderstand sexual orientation and gender identity to
mean only a )ersons choice of sexual )artners% 5hey do not com)rehend the
:cultural isolation FBatrix ,uild4 #??;=/.G of Lesbian residents 'ho have lived their
younger lives embedded 'ithin the lesbian community%
Diolation of a residents right <uietly to en-oy her culture 'as the irector of
3ursing in her nursing home a))roaching her4 saying that 82he (uslim girls )ho
)orked there o!Jected to the les!ian porn videos that <she= had" F:Canet4 87 years4
LesbianG FBatrix ,uild4 #??7=/;G% PuRRled by this4 since she o'ned no such videos4
:Canet could only conclude that they had seen her 'atching the 5D series Queer as
Aol@ FBatrix ,uild4 #??7=/;G%
Heterosexual co(residents need to be educated4 if Lesbian residents are to be in a
safe environment in aged care services%
8&ne of the things that )orries me )ith support is that )e need to
educate not Just sta. !ut other residents )ho are homopho!ic as )ell"
<(atri% Guild$ 566L/75=
As Batrixs4 ,RA$s and Harrisons research ( 'hich is some of the only research on
the needs of older Lesbians in Australia ( sho's4 there is still a long 'ay to go in
)rotecting the human rights of older Lesbians in aged care%
A23= 63490653547 Erinyes > #?"? Page
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