MEDIA RELEASE: Australian court ruling highlights urgent need for clarity in New Zealand law

Speak Up For Women says today’s decision in the Australian Giggle v Tickle case shows why New Zealand urgently needs legal clarity around sex-based rights and protections.

The case centred on whether a female-only app could lawfully exclude a male who identifies as a woman. While the Australian legal framework differs from New Zealand’s, Speak Up For Women says the implications will be watched closely across the Tasman.

“Women have always needed the ability to organise, gather and communicate as a sex class,” said Suzanne Levy, spokeswoman for Speak Up For Women.

“When the law loses the ability to distinguish between sex and identity, it becomes almost impossible to maintain genuine female-only spaces, services and protections.”

The organisation said the decision will increase concern among women who are already seeing confusion around changing rooms, sport, prisons, refuges and community facilities.

“Definitions matter. Rights based on sex only work if sex has a clear and consistent meaning in law and policy,” Levy said.

“Protecting sex-based rights does not prevent transgender people from being treated with dignity and respect. But there must still be legal recognition that women are an observable biological class with specific vulnerabilities and protections.”

Speak Up For Women said the ruling demonstrates why New Zealand lawmakers should move toward an explicit biological sex definition in legislation where sex-based rights are intended to apply. Our elected members are likely to have the chance to debate this in the coming week as Jenny Marcroft's Member's Bill is read in the house.

“We are seeing growing international tension between identity-based policy and sex-based rights. Pretending those conflicts do not exist helps nobody,” Levy said.

“The public understands that sex is real. Eventually the law has to reflect reality clearly and consistently.”

But the final word belongs to the amazing Sall Grover who has had the strength and the courage to take this case as far as she as; "But in a sense, nothing has changed: we will all wake up tomorrow & men will still not be women."