The Lesbian Action Group Court case update
The Lesbian Action Group are going to the Federal Court in February 2026 to fight for the rights of lesbians to have singe-sex public spaces and events.
LAG receives no funding and relies on the generous support of people like you.
You can donate to the LAG cause at lesbianactiongroup.org.au/donate-to-lag
Who are the Lesbian Action Group?
The Lesbian Action Group Inc. or LAG for short, are a group of lesbians originating in Victoria and with members around Australia. They are an incorporated association with around 15 members of varying ages from 20’s through to 80s.
Objectives
LAG’s objectives are to fight for the rights of lesbians to have public single-sex events and spaces. Due to current anti-discrimination legislation it is illegal for lesbians to have single-sex events. In order to have single-sex events, you have to apply for a single-sex exemption to the Australian Human Rights Commission (AHRC) which LAG did. Their application was refused.
History of the case
August 2023 LAG applied to the Australian Human Rights Commission (AHRC) for a five year, single-sex exemption under the Sex Discrimination Act 1984 (Cth) (SDA), to be able to legally hold lesbian-only public events and to be able to lawfully exclude anyone who wasn’t a lesbian. This would exclude males, heterosexual females and trans people who weren’t born female.
At the same time they applied to hold a lesbian exclusive event to celebrate International Lesbian Day on October 8th, 2023, at the Victorian Pride Centre. The Pride Centre rejected their application. Noting that the multimillion dollar, Government funded, Pride Centre, a centre dedicated to serving the LGBTIQ+ community, rejected lesbians from their centre!
October 12th, 2023 The AHRC refused the exemption. They concluded that it was not appropriate or reasonable to make distinctions between women based on biological sex or transgender identification.
2024 Lag applies for a tribunal merits review at the AAT/ART (Administrative Review Tribunal)
September 2nd and 3rd, 2024 LAG vs AHRC two day hearing at the Tribunal before General Member Fenwick.
LAG’s case emphasised:
Freedom of association
CEWDAW and international human rights instruments protecting women and lesbians
that the exemption would be a special measure to help lesbians achieve substantive equality and access safe, lesbian-only public spaces
January 20th, 2025 - Tribunal Decision
General Member Fenwick, for the ART, affirmed the AHRC’s refusal of the exemption.
Key Conclusions:
Section 44 SDA (Sex Discrimination Act) must be exercised consistently with the SDA’s objects: eliminating discrimination “so far as possible” on grounds including sex, sexual orientation and gender identity. Exemptions should not be granted lightly.
The SDA does not give priority to lesbians’ or women’s rights over protection for gender identity; all protected attributes must be balanced.
Approving a public exemption to exclude trans women at advertised events would amount to state-endorsed discrimination, with potential detrimental effects on trans women, and was not justified in the public interest.
LAG remains free to hold private or members-only events under existing SDA exemptions (e.g. voluntary bodies), but not broad public events excluding trans lesbians.
What this effectively says is that LAG CAN legally discriminate against any group EXCEPT trans women.
February 17th, 2025 Federal Court Appeal
LAG appeals the ART decision to the Federal Court of Australia
February 23rd and 24th, 2026
LAG vs AHRC Federal Court Hearing will be heard over two days in Melbourne.
At it’s core, this case asks whether Australian anti-discrimination law must treat lesbian-only public events that exclude males (including trans women) as unlawful discrimination, or whether - via s 44 SDA, CEDAW and human-rights principles - the law can (and should) permit such events as justified, time limited special measure for lesbians’ sex -based rights.
It is an important case for lesbian and women’s sex-based rights.
Please support the LAG cause at lesbianactiongroup.org.au/donate-to-lag
Australia is a party to seven core international human rights treaties which cover lesbian rights as follows:
International Covenant on Economic, Social and Cultural Rights, Articles 15.1(a), 25(c) - right to participate in cultural life, right of access to public services for equality.
International Covenant on Civil and Political Rights, Articles 17, 19(2), 21, 22, 26, 27 - freedom of expression, oral, written on all media, the right not to be subjected to unlawful attacks on honour and reputation, the right not to be discriminated against based on sex, which includes same-sex sexual orientation, and equal protection under the law, and freedoms of peaceful assembly and association with own cultural group and equal protection under the law to do so.
International Covenant on Civil and Political Rights, Article 26 - the right not to be discriminated against based on sex, which includes same-sex sexual orientation, and equal protection under the law.
AND Article 17 - the right not to be subjected to unlawful attacks on honour and reputation.
AND Article 19.2 - freedom of expression, oral, written, media.
AND Article 21, 22, 26, 27 - freedoms of peaceful assembly and association with own cultural group, and equal protection under the law to do so.
OUR RIGHTS under CEDAW - the Convention on the Elimination of All Forms of Discrimination Against Women, Article 1 – the right of women not to have restrictions placed on them based on their sex, which nullify their fundamental human rights to enjoy freedoms in political, economic, social, cultural, civil or any other field.
AND Article 2(b)(c) - the right for women to have laws that protect them by prohibiting discrimination against women, and competent government and public officials who are effective at protecting women from discrimination.
AND Article 3 - States are to promote the advancement of women and their enjoyment of fundamental freedoms across all political, economic, social, cultural, civil or any other fields.48
AND under the International Covenant on Civil and Political Rights, Articles 21, 22, 26, 27 - the right not to be discriminated against based on sex, freedoms of peaceful assembly and association within own cultural group, and equal protection under the law to do so