by NAZIYA ALVI RAHMAN – LABOR’S Minister for Women Katy Gallagher has defended blocking a bill to restore into law the traditional definition of “man” and “woman” – saying debate could cause “harm”.
One Nation Leader Pauline Hanson raised the issue of her Sex Discrimination Amendment Bill 2024 on September 17.
- Gallagher says Senate “not qualified” for gender debate.
- Amendment would protect integrity of women’s spaces and rights.
- Second time Hanson has been blocked to advance such a proposal.
The amendment, however, was voted down prior to the first reading by Labor, The Greens and Leftist independent Senator David Pocock.
It would have removed the term “gender identity” from the Sex Discrimination Act, and revived the old definition of “man” and “woman” based on biological sex.
REJECTION
The rejection marks the second time Senator Hanson has been unable to advance such a proposal.
The first reading is a formality and is normally done to notify the Senate of the existence of a bill.
The clerk will read out the title and purpose of the bill, no debate occurs, and senators will vote on whether it proceeds to the second reading stage – it is rare for the Senate to block a bill on the first reading.
Senator Hanson took issue with how her Bill was dealt with.
“I was denied the right – something very unusual in this place. Labor and Greens have taken the highly unusual step of voting down a bill at the first reading that sought to reinforce the biological definitions of man and woman,” she said.
Senator Hanson said the bill’s intent to align legal definitions with biological sex, a move that she argued would protect the integrity of women’s spaces and rights.
Opposition to the bill, however, was strong.
Labor Senator Katy Gallagher acknowledged it was a rare move but argued its necessity.
“We did take the rare step of not agreeing with the first reading. The reason we took that decision – and we did think about it carefully – was about the debate that would happen in this place if a Bill like that was introduced.
“This is a vibrant democracy, but when you have Bills that seek to harm people, including young people, we will draw the line,” she told the Senate.
DIVERSIVE
Gallagher further stressed the vulnerability of the gender-diverse community.
“We know how vulnerable the gender-diverse community is. We know how they struggle,” she said.
“We do not think the Senate is a qualified place for that debate. That debate should be had at home with friends, with professionals, with health professionals who seek to guide some of those difficult decisions for young people in this country.”
Although rejecting the amendment, Leftist Liberal Senator Simon Birmingham expressed concern with the process and the precedent it would set.
“In practice, the first reading is almost always passed without opposition and is regarded as a purely formal stage,” he said.
“The Coalition supports these normal procedures, as we have with many Greens, Labor or crossbench bills that we strongly oppose.”
He further warned, “It will become an increasingly difficult and dangerous precedent if Parties that can muster the numbers to deny the first reading of a bill.
“The structure and process we have in this Parliament for bills to be considered on three substantive votes is important, starting with the first reading.” PC
