One of the deeply contested issues in Western societies at the moment is whether the law recognises the reality of biological sex. This is not only a question for faith groups, but it is one that most religious traditions regard as crucial- that there is a difference between men and women, and this difference can matter in some important contexts. But the question is also important for others in society, as this fundamental feature of humanity comes under challenge from those who claim that sex (or gender) is changeable.
The decision of Moshinsky J in the Federal Court of Australia, in Lesbian Action Group Inc v Australian Human Rights Commission [2026] FCA 432 (15 April 2026), arguably moves the law of Australia one step closer to acknowledging biological reality. The litigation is not over (and the very important appeal in Giggle v Tickle is still awaited, on similar issues – see my previous comments here) but it seems there is some progress.
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