Update and Fundraising Appeal

Lesbian Action for Visibility in Aotearoa (LAVA), is a typical gender critical lesbian group, with the usual concerns and strategies. This particular concern began in March 2021 with LAVA being told the Pride organisers were cancelling our booking for a stall at Out in the City – the fair which is one of the main events in the Wellington Pride calendar. It is important to realise that the cancellation was nothing to do with the purpose of our stall which was to display an inspiring map of Wellington places of historical, political and social significance to lesbians. The cancellation was because of what we believed. Wellington Pride have never asked for details of the proposed LAVA stall, and they did not respond to our request for a meeting to discuss the issue.

They were cancelling our booking because LAVA believes that sex and gender are different, that people can’t change sex and that lesbians (and gay men) are same-sex, not same-gender, attracted. Attending a Pride celebration while holding such views would, they said, make any trans people who might also be there feel unsafe, and the Pride organisers believed they had a responsibility to ensure the “most marginal of the marginalised” were safe and not harmed.

On the day of the fair, LAVA displayed the map at a demonstration outside the event. Pride supporters, including some Board members mounted a noisy counter-protest, holding signs bearing slogans such as “Fuck TERF Cunts”. At one point they surrounded us, chanting in our faces such things as “pack your shit and go”. Lesbians from stalls inside the event were harassed when they came outside to show us support.
We were aware that New Zealand was not the only country where lesbians were being banned from Pride for holding these same beliefs, and felt outraged that lesbians, many of whom had worked to set up Pride in the beginning, were now banned because we don’t subscribe to the belief that gender is more important than sex. We thought speaking up about this and challenging Pride’s decision, was critical in the ongoing effort to ensure that lesbians remain visible and that young lesbians (and gay men) know that they have choices and that being gender non-conforming does not mean that they were born in the wrong body and are really the opposite sex.

We subsequently made a complaint to the Human Rights Commission (HRC) and then attended two mediation sessions with the Wellington Pride Board. We didn’t reach a resolution through mediation and after much discussion and deliberation, LAVA finally decided to lodge a complaint with the Human Rights Review Tribunal alleging that Pride breached the Human Rights Act (HRA) when they excluded us from the Out in the City fair.

They unlawfully discriminated against LAVA on the basis of our political opinions about trans issues and women’s rights, and because of our views that sex and sexual orientation exclude trans women from being women and lesbians. We say that in inviting applications for stalls, Pride was offering a service and so should not discriminate on the basis of political opinion (sections 21(1)(j) and 44 of the Human Rights Act 1993). Victoria University of Wellington political philosopher, Ramon Das, has provided an expert opinion that LAVA’s views on these issues are political opinions, and will appear as a witness for us.

LAVA’s case is important for everyone with gender critical or sex realist beliefs, because the debate over whether views such as ours are “worthy of respect in a democratic society” has not yet been had here. No New Zealand Court has confirmed that such opinions are political and that discrimination against people for holding these views is prohibited by the Human Rights Act 1993. Our HRA protects political and ethical beliefs but not philosophical beliefs. “Political” has traditionally been given a narrow interpretation but has not been tested by a case of this nature.

Pride denies that LAVA’s opinions are “political opinions” and sets out the multiple circumstances that, in its view, demonstrate LAVA’s support for “anti-trans rhetoric” and for known “anti-trans activists”.
We are represented by Nicolette Levy KC, who is instructed by Franks Ogilvie, lawyers of Wellington. Ms Levy acted for Speak Up For Women (SUFW) in 2021, securing a judgment from the High Court of New Zealand requiring Palmerston North City Council to allow SUFW to hold a meeting to discuss proposed self-ID amendments to the Births, Death, Marriages and Relationships Registration Act. The Supreme Court of New Zealand has confirmed that that case was correctly decided. Ms Levy also acted for Speak Up For Women in a claim in the Human Rights Review Tribunal against Christchurch City Council for discrimination on the basis of political opinion. This claim was settled, with an agreed joint statement being published.

Pride’s expert witnesses (up to 19 in total) have not addressed this ‘political’ issue at all. Essentially, they have taken the line that our beliefs are hateful and bigoted and therefore not worthy of protection. It is this number of witnesses who have pushed out the hearing time to four weeks. We have to respond to them otherwise it seems as though there is no one with expertise in this area who agrees with us and that we are out on a limb. Fortunately, we have a number of high-profile New Zealand and international experts who are supporting us and showing that we are not alone in the views we hold.

And, of course, we now know that 5 judges of the Supreme Court in the United Kingdom agree with us too.

The dates for our 4-week hearing later this year are:

• 21-25 July
• 1-5 September
• 15-19 September
• 6-10 October

A four-week hearing costs money – a great deal of money – probably upward of $100,000. As well as preparing for our case we are also starting to fundraise in earnest.

If you can help, even a little, please donate via the LAVA website or donate directly to our ANZ bank account: LAVA 06-0730-0417676-50.

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