Not a well crafted bill
The House has voted through the Legislation (Definitions of Woman and Man) Amendment Bill to select committee. I understand the intent of the bill, but is is really badly drafted. The key provision is:
13A Meaning of woman or female
In any legislation, regardless of gender identity,—
(a) woman means an adult human biological female; and
(b) female means a human biological female.
13B Meaning of man or male
In any legislation, regardless of gender identity,—
(a) man means an adult human biological male; and
(b) male means a human biological male.
So three big issues.
- They define female as meaning a human biological female. So they say a female is a female. Umm.
- They don’t define adult, making it 20 by default
- They don’t define biological woman or male, which Liam Hehir sets out as a problem below
https://twitter.com/PronouncedHare/status/2056981151156437214
I also have a substantive problem in that the proposed law would potentially remove flexibility, where it is warranted.
My preferred legislative solution would be:
- Define sex as meaning biological sex as determined by gametes.
- Define gender as meaning your sex unless you have gone through a legal process to change your gender identity to either the other gender or non-binary.
- Birth certificates would reflect sex
- Passports would reflect gender
- In legislation any reference to male or female would be assumed to be sex, unless explicitly stated to be gender. This would allow flexibility as appropriate.
