'Lesbian rights' group granted appeal in court case over excluding trans women

A court has allowed an Australian 'lesbian rights' group to appeal a previous ruling that prevented it from excluding trans women from its public events, in a decision that has reignited debate around sex‑based rights and discrimination.

The Australian Federal Court ruled on Wednesday (15 April) that an earlier decision by the Administrative Review Tribunal should be set aside, after finding errors in the tribunal’s legal reasoning. The case was brought by the Lesbian Action Group (LAG), which is seeking a temporary exemption from federal anti‑discrimination laws to hold events restricted to lesbians assigned female at birth .

The ruling does not give the group permission to exclude trans women, nor does it determine whether such an exemption should ultimately be granted. Instead, the court ordered that the case be sent back to the tribunal for reconsideration in line with the law .

In his judgment, Justice Mark Moshinsky said the tribunal had been wrong to conclude that an exemption allowing discrimination could never be lawful. He found that exemptions under the Sex Discrimination Act could be granted in limited circumstances, even where they permit conduct that would otherwise be discriminatory, though he emphasised that this did not mean the exemption should be approved in this case .

The Melbourne-based Lesbian Action Group has been seeking a five‑year exemption since 2023, after its initial application was rejected by the Australian Human Rights Commission and later dismissed on appeal by the tribunal. The group argues that 'lesbian‑only spaces' are needed for community, safety and identity, and describes the court decision as a “win” .

However, equality and LGBTQ+ organisations stressed the limited nature of the ruling. Equality Australia said the decision was procedural rather than substantive and did not endorse discrimination against trans women.

“This is a technical win,” said legal director Heather Corkhill, adding that the court had not ruled on whether excluding trans women is lawful or justified, but had simply required the tribunal to reconsider the case after identifying legal errors in its earlier reasoning .

Trans advocates and LGBTQ+ groups warned that allowing exemptions could undermine protections for transgender women and contribute to stigma and exclusion. They noted that, under existing law, private groups can already restrict attendance at closed events without seeking legal exemptions, but public events offering goods or services must comply with discrimination law unless an exemption is granted .

The case now returns to the Administrative Review Tribunal, which will reconsider whether an exemption should be granted.