A Federal Court in Australia has allowed an appeal for a trans-exclusionary lesbian group to legally ban trans women from its public events for five years amid a lengthy, high-profile battle.

The Melbourne-based Lesbian Action Group has been fighting for an exemption to Australia’s Sex Discrimination Act for years, with the most recent court date on 15 April being its third attempt.

The group’s first attempt at securing the exemption was in 2023, when it submitted a later rejected application to the Human Rights Commission. The second was in the form of an appeal to the Administrative Review Tribunal, which was dismissed.

Lesbian Action Group describes itself as a group that supports “lesbians who were born female and are same sex attracted” to “enable them to live their lives to the full and enjoy the benefits of inclusive Lesbian cultural events and gatherings in Australia from a Radical Feminist perspective”.

During the proceedings, Justice Moshinsky found that exemptions to the Sex Discrimination Act could be allowed even if they permitted conduct that would otherwise be discriminatory, ABC reported.

He also ruled that the tribunal was wrong to say that discriminating against transgender women would automatically be unlawful, as he believed it is possible that the discrimination could result in a “positive” outcome.

Following Justice Moshinsky’s ruling, Lesbian Action Group still cannot ban trans women from their public events, but the Administrative Review Tribunal must reconsider the case.

Posting to X on 15 April following the ruling, Lesbian Action Group said: “So, the judgment is out and we are VERY happy! We are so grateful to our legal team and all the wonderful supporters on X, here in Australia and around the world!”

Despite the group’s celebration, the legal director of Equality Australia, Heather Corkhill, said that it was only a technical win.

“The court has not endorsed discrimination against trans women, and it has not decided whether the exemption should be granted,” she said outside the court. “It has simply identified legal errors in the tribunal’s reasoning, so the matter must now be reconsidered.”

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