Episode 3: Navigating Women’s Rights and Gender Identity in Australian Law with Anna Kerr

Episode 3:  Women's Rights and Gender Identity in Australian Law with Anna Kerr

In this episode of the Veriditas Podcast, hosted by Dr. Petra Bueskens, guest Anna Kerr, founder and principal solicitor of the Feminist Legal Clinic, provides a comprehensive overview of the current state of women's sex-based rights in Australia. Anna discusses key legal cases affecting women's rights, such as Tickle vs. Giggle and the Lesbian Action Group case against the Australian Human Rights Commission. The conversation covers important topics like the implications of changing sex markers on legal documents, the impact of sex discrimination and gender identity laws, and the contentious issue of conversion therapy bans. The episode also delves into broader philosophical and ideological aspects, highlighting the challenges faced by feminists between progressive and conservative stances. The discussion underscores the urgency for women to speak out to preserve and advance sex-based rights.

00:00 Introduction to the Veritas Podcast
00:55 Meet Anna Kerr: Advocate for Women's Rights
01:46 Legal Developments in Women's Sex-Based Rights
02:39 The Tickle vs. Giggle Case
05:45 Lesbian Action Group's Legal Battle
10:49 Challenges in Defending Women's Rights
16:18 Impact of Legal Changes on Women's Spaces
38:08 Conversion Therapy Bans and Their Implications
43:11 Mastectomies and the Pharmaceutical Industry
43:52 The Impact of Binders and Hormones
45:46 Therapy and Legislative Challenges
49:27 Constitutional Conflicts and Legal Implications
56:31 Feminism and Women's Rights
01:10:41 Historical Erasure and Feminist Legacy
01:21:28 Concluding Thoughts and Future Outlook

Links
Feminist Legal Clinic - https://feministlegal.org/ 

FiLiA Hague Mothers’ Project: https://www.hague-mothers.org.uk/

Maternal Scholars Australia - https://www.maternalscholarsaustralia.org/ 

Petra Bueskens, ‘The Absurdity of Tickle v. Giggle’, Fairer Disputations, August 30, 2024. https://fairerdisputations.org/tickle-v-giggle/ 

Anna Kerr – 'Tickle vs. Giggle case', Women's Declaration International. https://www.youtube.com/watch?v=4xAushrF9Uk 

What is a ‘legal fiction’? https://www.britannica.com/topic/legal-fiction  
‘In law, a "legal fiction" is a statement or assumption that is known to be untrue but is accepted as true by the court to achieve a desired legal outcome or apply a rule in a way that is different from its original purpose.’

‘Urinary leash’ - https://www.bbc.com/news/world-41999792  
‘The "urinary leash" is a phrase used to describe the restrictions on women's movements and opportunities due to the historical lack of adequate public toilets, particularly for women, and the social stigma surrounding their use. 

Independent MP Alex Greenwich's Equality Legislation Amendment (LGBTIQA+) Bill 2023 was passed. See here: https://www.nsw.gov.au/media-releases/nsw-government-supports-amended-equality-bill  

As usual views on this bill (gender ID versus sex-based rights) split into two paradigmatically opposed positions:   

 
Pro: 
https://www.alexgreenwich.com/equality_bill  
https://www.theguardian.com/australia-news/2024/oct/17/new-south-wales-parliament-passes-bill-to-strengthen-lgbti-rights  

Anti: 
https://www.womensforumaustralia.org/thisisnotequality  
https://www.spectator.com.au/2023/08/alex-greenwichs-bill-set-to-erase-sex-based-rights-in-nsw/  

 

CEDAW – ‘The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), often called the "international bill of rights for women," is a UN treaty adopted in 1979 that requires countries to eliminate discrimination against women and girls in all areas.’
https://humanrights.gov.au/our-work/commission-general/convention-elimination-all-forms-discrimination-against-women-human#:~:text=On%2018%20December%201979%2C%20the,twentieth%20country%20had%20ratified%20it.  

Jennifer Bilek interview– slide of profits from double mastectomies - https://www.youtube.com/watch?v=tLXdoqXbC6k 

Re: double mastectomies, Anna is quoted in the following article by Julie Szego, ‘Absolutely devastating’: woman sues psychiatrist over gender transition’, The Sydney Morning Herald, 24 August, 2022. https://www.smh.com.au/national/absolutely-devastating-woman-sues-psychiatrist-over-gender-transition-20220823-p5bbyr.html  

Research on trans social contagion:
Littman L (2019) Correction: Parent reports of adolescents and young adults perceived to show signs of a rapid onset of gender dysphoria. PLOS ONE 14(3): e0214157. https://doi.org/10.1371/journal.pone.0214157    

On detransition and transition regret see the studies listed at SEGM: https://segm.org/studies 

   
Jorgensen, S. C. J. (2023). Transition Regret and Detransition: Meanings and Uncertainties. Archives of Sexual Behavior. https://doi.org/10.1007/s10508-023-02626-2 

Gribble, K. D., Bewley, S., & Dahlen, H. G. (2023). Breastfeeding grief after chest masculinisation mastectomy and detransition: A case report with lessons about unanticipated harm. Frontiers in Global Women’s Health, 4, 1073053. https://doi.org/10.3389/fgwh.2023.1073053