Bill to Recognise Biological Sex Fails at 1st Hurdle

One Nation leader, Senator Pauline Hanson during a press conference in Brisbane, Australia, on April 13, 2022. AAP Image/Darren England

A Bill aimed at giving biological sex precedence over gender identity has failed upon its introduction to the Senate.

One Nation’s Sex Discrimination (Acknowledging Biological Reality) Bill sought to replace “gender identity” with the terms “man” and “woman.”

Yet at the First Reading, the Bill was voted down by Labor, the Greens, and independent Senator David Pocock.

Senator Pauline Hanson said she was not confident the Bill would have the necessary support.

“Generations of Australian women have fought for their rights and equality with men, only for transgender (women) to swoop in and take those hard-won rights for themselves,” she wrote on X.

Hanson said despite its failure, the Bill was another “step towards restoring sanity in our laws.”

“Labor and the Greens claim to support women’s rights, but their conduct today demonstrates they do not,” Hanson said.

“Biological women seeking protection from men including on their privacy have no support from these hypocrites who think contrived gender identities are more important than human biological reality.”

Tickle v Giggle

The Bill’s introduction comes hot on the heels of the court case Tickle v Giggle in August.

Trans person Roxanne Tickle sued Sall Grover, the founder of the female-only app, Giggle for Girls.

Tickle was blocked from using the app after the founder determined she was not a biological female.

The landmark gender-identity case ultimately favoured trans Tickle with the Federal Court justice finding Grover had committed “indirect discrimination.”

Grover was ordered to pay $10,000 (US$6,600) to Tickle, who had initially claimed $200,000.

“As we saw in the case of Sell Grover’s Giggle app, biological women’s private spaces and rights are being attacked by biological men,” Hanson said in a statement.

What Does the Law Say?

In 2013, the Sex Discrimination Act 1984 was amended to recognise sexual orientation, gender identity, and intersex—expanding beyond the traditional focus on biological sex.

The guidelines applied to all Australian government departments and agencies when it came to maintaining personal records. The law is also complemented by the Australian Government Guidelines on the Recognition of Sex and Gender, which came into effect in 2013 under the Gillard Labor government.