LAVA Case Update - Week One

 Dear friends and supporters,

Well, we have had our first week in Court with the Human Rights Review Tribunal and what a week it was! Hilary and Marg as our plaintiffs gave evidence and were each cross examined for around 8 hours. We didn’t time it so can’t be exact but they both started on one day and finished on the next.

The case is not about whether LAVA’s and others’ gender critical beliefs are right or wrong, and nor is it about whether we can convince the Tribunal of the rightness of our beliefs. It is very simply about whether our beliefs can be considered a political opinion and, if they can, are they the sort of political opinions that are deserving of protection under the Human Rights Act. Pride’s case is that they are not because they are hateful, transphobic, and based on disinformation.

The thrust of their cross examination is firstly to demonstrate that we have published, done, or said things that are clearly distressing to trans-identified people (and if we can’t see that then we are clearly a bunch of hateful transphobic bigots). Secondly, they are trying to undermine the credibility and expertise of our witnesses.

Cross-examination of our witnesses is founded in the unquestionable right of trans people to be accepted as they say they are, as undifferentiated men, women, and lesbians. Non-binary people must be accepted as having no sex at all. Their right to be seen as the sex they identify is framed as the same as their right to exist. You can’t say transwomen cannot be same sex attracted lesbians because you are asserting trans people have no right to exist.

In the witness box this week, as well as Hilary and Marg, we had our fact witnesses – two women who were there at the Michael Fowler Centre on the day, one of our Expert Witnesses and our Experts who were responding to their Expert Witnesses.

Our Experts who appeared this week were Daphna Whitmore as a political activist, Sue Middleton Emeritus Professor from the School of Education Waikato University, Fern Hickson from Resist Gender Education Aotearoa, Rowena Edge from Save Women’s Sport Australasia, Professor Kristopher Kaliebe MD from the Dept of Psychiatry and Neuroscience at the University of Florida, and Simon Tegg from Genspect.

All were superb and managed to remain calm and dignified as their credibility and expertise were challenged.

The case continues for three more weeks:

1-5 September, 15-19 September & 6-10 October.

5th Floor, District Court, 49 Ballance St, Central Wellington