Comprehensive coverage

(This article has been lost online due to the merger of the Southern Star and Sydney Star Observer websites. Below is the original unedited article. Apologies for any inconvenience).

Comprehensive coverage

Imagine contacting a Federal government department, being called a “bloody poofter” and finding out that it was departmental policy as to what action you could take – if any. Imagine after years of struggling to accept your gender identity, summoning the will to go your supervisor in a Federal authority, stating your need to transition, only to be told “we don’t have to help you, there’s the door.”

Sounds unthinkable? Well, maybe not. Currently, apart from some workplace protections, there is no protection of equal rights for GLBT individuals at the federal level in basic areas of public life such as employment and provision of goods and services. Thankfully, 85% of Australians think these basic rights deserve protection, as shown by the Galaxy Poll commissioned by Australian Coalition for Equality and PFLAG that was released on 1 July.

Currently all States and Territories have laws covering sexual orientation. All have laws recognizing gender identity, but not giving comprehensive coverage. Western Australian law, for example, only covers those transsexuals who have completed surgery. Given that a large amount of discrimination ion the basis of gender identity occurs at the first point of coming out and at the point of transition and that not all transsexuals have surgery, this clearly is inadequate. Those people experiencing gender identity issues but not making a permanent transition also need protection.

Having comprehensive laws gives a massive muscle to flex for both individuals and those working for societal change. Currently, an individual seeking redress at the Federal level would have to use the Federal court. This probably means outing yourself, facing expensive legal costs and the stress of a court case. The better alternative means a confidential conciliation process and an 80-85% chance of no legal costs in a much more amicable setting.

Systemically, the benefits of Federal law are indefinite. I wonder if Ali Humayun, trapped for months in a detention centre and unable to go back to Pakistan due to homophobic persecution would have had a quicker or easier struggle with such laws in place. Laws that deny sex and gender diverse people basic medical treatment could be challenged – and that doesn’t even get to the lack of full Medicare coverage of surgery. Federal government funding could be used for programs to celebrate diversity and reduce homophobia. Programs to reduce violence. Keep adding to the list…

I admit personally to being happily surprised by the overwhelming extent and uniformity, including on the basis of voting intention, of the poll. There are no reasons for further delay, and that includes ideas such as harmonizing all laws and waiting for a human rights charter. They are good ideas, but we can proceed without them. It’s also important to note no existing law should be weakened, only strengthened. We’ve waited 14 years since the Spindler Bill was introduced into the Senate and that’s long enough.

Every GLBT Australian deserves full protection across all of government. It’s time, as insurance of our basic rights, that we have comprehensive coverage.

By Sally Goldner the spokesperson for TransGender Victoria.