Trans advocacy in Victoria and Australia - 1st in a 3 part series

Introduction 
I recently wrote an article on my historical perceptions of TGD advocacy in Victoria & Australia.

I though that as the TGD community continues to emerge and evolve it might be helpful to look back and see what we could learn to ensure we continue to move ahead effectively.

The background is written to ensure understanding from a perspective beyond Australia.

All opinions are my own.

Part 1 - Background & Victoria to 2001
Part 2 - Victoria 2001 to 2014
Part 3 - National Co-operation

On with the show!


Background

Australia is a country covering a large geographical area with a small population. Our current population of 23.5 million is 10% more than New York state’s population - in an area slightly less than that of the United States.  As well, our country has a 3-level system of government being the federal (dealing with matters such as defence and foreign affairs), 6 states and 3 territories (the difference between states and territories not being of relevance for this paper) and local government.

Further, the evolution from 6 colonies in the 1890’s to a federation in 1901 is of relevance. Australia’s constitution, rather than largely enshrining freedoms or human rights has on occasions been described as a power-sharing arrangement between the colonies which were to become states and the federation-to-be. As a result, similar legislation e.g. anti-discrimination protection (often called equal opportunity law in Australia) needs to be achieved 9 times - in each state or territory and at the national level. Further, different jurisdictions have different wording for their laws e.g. definitions around gender identity, birth certificates. With tongue wedged firmly in cheek, getting nine groups of politicians to agree to standardise matters can be a challenge. Finally, Australia’s constitution provides that in the event of an inconsistency between a state and a federal law, federal law overrides state.

Local government, similar to counties in the United Kingdom or the USA, has the role of service provision. However, it has little relevance to legislation and advocacy. Work done at this level is becoming more relevant as policy and law reforms are achieved at state/territory and federal levels.

The result of this has been that until at least 2005, most trans movements were focussed on state/territory reform and there was little communication and co-operation around the country. The shift in the last 5-10 years has in part due been due to the advances of internet, email, social media and expanding technology e.g. Skype and decreasing telecommunications costs. While the full benefits of face-to-face communication will remain as long as the human race exists, technology has been critical for Australian trans people.

It is also worth introducing the political background in Australia. Similar to the UK and USA, Australia is largely a 2-party system with party lines enforced relatively rigidly. The Australian Labour Party (ALP) is roughly a centre-left social democrat party (approximately the equivalent of the US Democrats or British Labour Party), although critics would argue in recent times it has struggled to stick to a cohesive philosophy. The Liberal/National Coalition (LNP) represents the right of centre (similar to the UK conservatives and USA republicans). The National Party was until 1974 named the Country Party in line with its rural origins. The Liberal Party, despite its name, has become more conservative since the late 1980’s and the “small-l liberal” wing has declined in influence. The Liberal and Nationals are very similar in philosophy and therefore mostly work together in coalition, whether in government or not.

Until around 2004, the third largest party was the Australian Democrats, a largely centrist party founded by a small-l liberal and former Liberal government minister (Don Chipp) who was concerned about increasing conservatism. The Greens have since assumed the third-party mantle after rising to prominence in the 1980’s and 1990’s. Both these parties have been key supporters of LGBTI rights.

Further, compared to the USA and Europe the philanthropic sector is relatively small and our tax system also tends to limit funding available to advocacy. The voluntary nature of most advocacy work remains a major challenge

Finally: a note on definitions. Through most of this paper transgender and trans are used as umbrella terms for those people whose sense of gender identity or expression differs from broader societal expectations given their body at birth. This expands to trans and gender diverse towards the end of the paper to note the rapid expansion in numbers of those more comfortable identifying in non-binary ways. These terms are used for consistency rather than because they are “more correct” than others and acknowledgement is given to the right of people to use labels (or none at all) that authentically represent their own life experience.

In light of this background, I have chosen to focus on the history of the trans movement in the state of Victoria and expand this to a national perspective from around 2010.

The story of Transgender Victoria (TGV)

The story of TGV begins around 1996 with the demise of a Victorian group called GLAD (Gays and Lesbians Against Discrimination). This group had played some part in achieving the inclusion of the attribute “lawful sexual activity” in Victoria’s Equal Opportunity Act in 1995. (This development emerged following the 1994 Tasty nightclub raid, which was a case of systemic harassment by Victoria Police similar to the events at Stonewall in 1969). While this gave, albeit with very poor wording, some protection for people in the area of sexual orientation, it did nothing for trans people. This was despite the great efforts of Victorian advocacy pioneer Julie Peters, a trans woman who had also run many times for state and federal parliament for the Australian Democrats.

In the latter part of 1997, community members held 3 public meetings to form a new advocacy organisation. According to Julie and others, there was much debate about for whom the new body should advocate. Some said it should cover trans people rather than simply avoid us; the other argument was trans issues would be subsumed and progress delayed because gay and lesbian issues would receive priority. (It was unclear where bisexuality came into this scenario, if it all).

A better alternative arose from the excellent leadership from the two people who became the founding co-convenors of the Victorian Gay and Lesbian Rights Lobby, Braith Bamkin and Janet Jukes. They promised to help the trans community set up their own organisation and to offer mentoring and community development until the new organisation was able to stand on its own feet. As a result, TGV was eventually formed in 1999. The vision and foresight of that kindness resulted in a great foundation for trans people Victoria and a close partnership that lasts until this day. Trans people were able to have an organisation that focussed on specialised issues while working with gays and lesbians to combat common issues e.g. harassment and violence. This outcome paid dividends very quickly.

In late 1999, the LNP state government, which had won huge majorities in 1992 and 1996, experienced a huge drop in popularity. As a result, the ALP won 43 of 88 seats in the Legislative Assembly (the lower and governing house of the state parliament) and with the help of three independents, two of whom being very conservative, was able to form government.

The ALP had promised at community meetings and during the election campaign to introduce two new attributes to the Equal Opportunity Act, namely sexual orientation and gender identity. It moved very quickly to fulfil this promise, with progressive Attorney-General Rob Hulls introducing the bill to Parliament in March 2000.

The bill was delayed for eight weeks by one of the two conservative independents. It was understood this member was heavily influenced by religious fundamentalist thinking. Two days before the end of the (southern hemisphere) autumn session of Parliament he proposed amendments that would have watered down the proposed laws e.g. exempting trans people who worked in contact with the public from protection, proposals re toilets that are unmentionable. Over the winter, parliamentary secretary to Mr Hulls, Richard Wynne, spent 2 days negotiating with him (the independent refused to meet with trans people, claiming he didn’t meet with “paid lobbyists”). To Mr Wynne’s immense credit, using a combination of fact, logic and social justice arguments most of the proposed amendments were withdrawn. Any subsequent adjustments had little effect on the effectiveness of the law and when Parliament resumed, it comfortably passed both houses in early September 2000.

The effects of having this law were hugely positive. Trans people had a seat at state ministerial advisory committees on law reform and health. A police GLBTI liaison unit was established as well as a GLBTI police reference group. TGV was either directly represented on these groups or had people who were able to report back to TGV and the community. Further, individuals facing alleged discrimination had access to the processes for conciliation offered by Victorian Equal Opportunity and Human Rights Commission rather than outing themselves in a court process. The tide had started to turn.

Next week - part 2 - Victoria 2001-2014

Back...to the Future: speech at Health in Difference 18 April 2013

Intro

I thought I'd share a speech/presentation I gave last year at Health in Difference 8. Unfortunately, the audio recording didn't quite work; I hope the words can at least give the sense of sense of vision and possibility. And a few things have changed since, but I'll post it as it was delivered.

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I acknowledge the original inhabitants of the land, the people of the Kulin nation, and pay my respects to elders past and present.

I also welcome people to Melbourne. As a city that tries to celebrate diversity we arranged that our weather was also suitably diverse for our interstate guests. I humbly apologise to anyone from Tasmania for any remarks I have ever made about it being too cold in the Apple Isle. Seriously, welcome and please enjoy your stay.

Very seriously, I have the pleasure today of talking about building on the strengths of intersex, trans and gender diverse people. As a person who, next Saturday week, will have been out to myself for 18 years– I’m legal - I have seen those strengths emerge in our communities over that time, acknowledging the different degrees of emergence amongst intersex, trans and gender diverse – and for that matter amongst gay, lesbian and bisexual as well. I also acknowledge regional differences in strength around Australia. Overall that strength has improved. Today, I want to look to the future and building on those strengths. What would we like to have achieved in 10 years time for intersex, trans and gender diverse people? What will have changed for the better? Well, let’s get into a car from a well known trilogy of movies and find out.

Which movies? I briefly digress, and have to admit, as a purveyor of 70’s dag culture, I nearly got my cars mixed up. I thought initially of a TRANS-Am...and realised I was thinking of the movies starring Burt Reynolds and Sally Field called Smokey and the Bandit. They perhaps were not a big 10-4. An intersex, trans and gender-diverse-am didn’t roll off the tongue too well either.

So, to get it right, and acknowledging any possible copyright to Universal Pictures and Steven Spielberg, let’s get into the de Lorean instead... it’s actually grown into a de Lorean 747 jet with lots of seats...especially 2 seats for 2 people called Marty and Doc...and an extra seat for Einstein the dog...and...I won’t do the voices all the time...let’s go Back...to the intersex, trans and gender diverse Future!
Hang on Doc, before we get going, shouldn’t we make sure we have...paperwork?

Paperwork Marty...where we’re going, we don’t need birth certificates.  Let’s travel to 2023. 88 miles per hour...and

We’re at our first stop - a Birth, Deaths and Marriages Registry. Look, there’s a trans woman applying to change the marker on her birth certificate.

We’ll be here a while she jumps though all the hoops, fills out all the forms, supplies the signed copies of everything...

No we won’t. So many things happened the over the last 10 or so years. It started with the AH and AB case in the High Court in 2011 which upheld the idea that birth certificate laws were about helping trans people, not putting up hurdles for them. Then it went further. In 2014, the UN upheld the case of another Australian trans man who claimed that to have to undertake surgery when concurrent medical conditions prevented that surgery from happening was a violation of human rights. The huge public and cross-partisan support for his case, combined with virtually zero backlash, meant all state and territory governments moved quickly to amend their birth certificate laws in line with the principles of self-determination, with use of the Argentine approach as a model – and this is the same all around Australia. See look, she’s already filled out the one-page form changing name and marker, paid the small fee and now it’s off to a for celebratory lunch with friends and family.
Wow, that’s awesome...hey Doc, just looking around there’s a really busy counter and a really empty counter over there. What’s that about?
That was because once trans and intersex people were really able to get full say in the equal marriage debate, Australia finally got equal marriage for couples regardless of sex, gender identity or intersex status. People were horrified when they heard that just because someone’s body was considered a tiny bit different to so-called ideals of male or female that some intersex people couldn’t marry at all. The good networks built by intersex and allies with a range of lawyers built an impeccable argument that was a game-changer for the whole marriage debate. The vote in Parliament was hugely in favour. The celebrations were huge. And people had 4 spare Saturdays every year because they didn’t have to go to marriage rallies any more.

So what’s the empty counter then?

That symbolises the other side of the coin, the divorce counter. Because there’s no more “forced trans divorce,” no one needs that counter any more.
Any way, next stop...Broome, WA. There’s a person who lives in Hobart, identifies as genderqueer and who’s unfortunately got a dose of tummy trouble while on holidays - I’ll tell you which cafe to avoid later. Anyway, they’re off to the local GP for some medication.

Uh-oh, they’re going to have to go through a big rigmorale explaining genderqueer and pronouns to a doctor over here.
Not any more. Granted this was a huge problem 10 years ago. So intersex, trans and gender diverse decided on an all out approach from both the top down and the grass roots up. They networked the top brass in the AMA and similar bodies. They found every GP they knew and got them up to speed on intersex, trans and gender diverse...and then got those professionals to nominate one other health professional who they thought would be interested in learning as well. Health professionals who were also University lecturers around the country caught on and made sure that intersex, trans and gender diverse was considered throughout all of medical and psych studies and not just tucked into a corner for an hour. The conservatives in the health profession who showed prejudice against this ended up looking dated. See they’ve got their antibiotics and are on their way to enjoy the rest of their break.
Medical types used to be pretty binary on children who were deemed to be intersex at birth as well. Did that change?
For sure! Let’s pop up to the parental ward at the local hospital...see that paper on the wall? It lists contact details for intersex representatives who can make sure every parent or guardian gets to talk with intersex people before making any decisions about surgeries. Giving parents a free and informed choice where intersex comes up at birth is now compulsory for every hospital in Australia. After comprehensive protection of intersex went through the Tasmanian and Federal parliaments in 2013, other states and territories steadily followed. The combination of law and education of health professionals has made a huge difference.
Off we go again...
Hey this looks a bit gloomy...it’s a jail!
We needed to come here. People used to be housed pretty much on a surgical basis often with tragic results. Now, following some overseas models, every intersex, trans or gender diverse person who sadly ends up in custody is housed on their merits allowing for their wellbeing, with respect to the person’s own input, the wellbeing of others in custody and custodial staff. An intersex, trans or gender diverse person sits on a committee along with prison brass and grass roots staff and helps work out the best course of action. Violence against these groups in custody has dropped by 75%, STIs amongst them by 90%. There’s at a least a more equal chance of getting a fresh start after custody. The shock-jocks still try to make a big deal out of it though...unfortunately some things haven’t changed.
Can we go somewhere a little brighter now?
Sure...he we are: Charleville primary school and the happy recess playground.
OK, let me try this time Doc. I can see kids of what looks like lots of gender identities playing kick to kick on the oval and others, also of lots of gender identities just quietly chatting nearby and it’s all good...one of the year six students is talking with friends about starting puberty blockers next month...the friends are sharing the excitement...awesome...
You’re getting it Marty. Educations departments, schools and principals realised that affirming people in every way was important, it helped make classes happier and more interesting as well as being better of course for the students. Bottling things up never helped. And that year six student’s 2 dads don’t have to spend thousands going to the family court to prove what the family already knew. Thank the brave family who went to court to challenge that and change things.

What happens when the young person gets to 18 and if they need to go through with surgery? Won’t someone still be out of pocket for thousands of dollars then?
Not any more. A good combination of getting the government to work with private health insurers meant the out of pocket costs that used to be huge are now far less...at least no more than for other people who stay in hospital for an equivalent length of time for any other operation, which ended up as a fair and equitable outcome.

So, no more fundraiser parties to help people to pay for surgery costs?
Oh don’t worry, there’s still lots of parties; where the parties are fundraisers there are lots of ideas to keep building intersex, trans and gender diverse communities so they go to greater heights. Let’s go to a party now...
Lots of people having fun together here...
...and look, there’s a trans woman who hasn’t had surgery yet who seems to have just met a special someone. They’re off home. Thanks to all the sex positive education that was fully inclusive, people now know how to have safe, consensual and respectful intimacy with anyone of any body or any identity. More love in the world and less loneliness...that’s the power of love...it’s all good.

Next stop...here’s the office of an HR executive consultancy where a person who went through intersex surgeries earlier in their life has just sent in their medical history as the final step before landing a big job.
The recruitment consultant’s just totally turned past those pages in the report.

Yes, they know it’s all in the past, it’s not relevant to the person’s ability to do the job and not relevant how well they’ll get on with their colleagues and everyone else. Once governments, philanthropic bodies and others got the message of how prevention was a better idea than being reactive and funded education and training, everything changed. Employment, housing and accommodation, the lot are all done far more equitably now. Not perfect, but if least if mistakes happen, they get fixed pretty quickly so that’s ok.

We’ve got one last stop...
Why are you setting the time machine to go to 1973 Doc? ....Police strip searching trans women to see what underwear they have on underneath their outer clothes? Amazingly gifted people who can’t get the job they want? Rows of homeless trans people facing alcohol and drug abuse? What do we want to be reminded of this for?

I just want to be sure that we respect where we’ve come from and that we never go back there. I want to be sure we honour those who faced great difficulties and did their best with huge courage to live or change things for others or both. We always need to learn across time and across generations to keep that respect going and avoid complacency. Human rights and human dignity can only be improved with effort. Let’s use the past as a spur to make sure things keep improving, but let’s not be trapped in the past either.
In which case, I’m setting the time machine for 2.30 PM 18 April 2013.

And we’re back.
I hope that ride to the future proved we can help achieve healthier bodies and healthier minds, not only for intersex, trans and gender diverse people, rather for everyone in every stream whose lives we discuss in the next 2 and ½ days. Maybe there was some artistic licence in that trip to the future and some of the ideas. That’s OK. In the words of Einstein  - the human one  - “The significant problems we face cannot be solved at the same level of thinking we were at when we created them.”  With imagination, innovation, love and hope, I wish everyone every success in building on our strengths for HiD 8 – and to quote the final words of Back to The Future 3, “your future is whatever you make it, so make it a good one.”

Have a great conference everyone!

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PS. With a Victorian state election coming, there's a chance to make the future on some of these issues! Watch this space...