LAVA’s Expert Witness Statements LAVA v Pride HRC Tribunal Case
Thank you to our Expert Witnesses
Our Expert Witnesses have agreed to our posting their expert witness statements on our LAVA website.
We appreciate their generosity in bringing their expertise and wisdom to the Tribunal, and for their courage in standing up and speaking out when it matters most.
How did we choose our witnesses?
Our witnesses were chosen to counter the witness statements from a selection of people selected by Wellington Pride (the defendants). They had been asked to demonstrate that LAVA’s opinions are “expressions of bigotry, false facts and disinformation, that are actively harmful to an already vulnerable and disadvantaged group in society, and are not worthy of protection under the Human Rights legislation in New Zealand.” Those statements have all been published on Wellington Pride’s website.
Do we have transcripts of the cross-examination of our witnesses?
Unfortunately, we are unable to provide the transcripts of the cross-examination of each witness as they have not been released to us by the Tribunal. As we have mentioned previously, LAVA was unable to take notes in the public gallery, and our two named complainants (who were permitted to take notes) had to give their notes to their lawyer before they could exit the courtroom. We will release the cross-examinations when (or if!) they are released.
As a reminder, here are the women-centric beliefs LAVA holds that Pride deems transphobic and hateful.
That trans identified men (men who believe that they feel like women, with or without medical or surgical intervention, and regardless of appearance or dress) are not women, and so cannot be lesbians (because “lesbian” is a descriptor of sex-based sexual orientation).
That trans identified men should not be permitted in spaces reserved for females, such as changing rooms, prisons, and refuges.
That females should be able to request same-sex personal care and intimate searches, and not be required to accept trans identified men carers or searchers as satisfying such requests.
That trans identified men, being males, should not be allowed to participate in female sports categories.
That children should not be prescribed puberty blockers
LAVA’s Witness’s Briefs of Evidence.
DAPHNA WHITMORE Brief of Evidence here
Daphna Whitmore is an Auckland-based activist, free speech advocate, and nurse, known for her involvement in gender-critical feminism and socialist politics.
In her evidence, Ms Whitmore discusses how the different views of transgender issues are being played out in society. She noted the infiltration of the trans ideology into Government and education, including the introduction of the Self ID provisions and the impact that this has had on women’s services and spaces, and the expectation that lesbians (same sex attracted) would now accept transwomen (Men who had a sex ID certificate) as potential relationship partners.
Daphna’s evidence supports LAVA’s position that our views are political rather than hateful by showing that gender ideology has emerged as a significant political topic over the last decade.
PROFESSOR DIANNA KENNY Brief of Evidence here
Prof. Dianna Kenny is the Principal of DK Consulting (Psychology, psychotherapy, family dispute resolution, and medico-legal services), and was formerly Professor of Psychology at the University of Sydney.
Prof. Kenny has written extensively on the contribution of social contagion to the recent increase in gender dysphoria in adolescents.
Prof. Kenny asserts that views such as LAVA’s being dismissed as bigotry and hatred toward trans identified people are common examples of the resistance encountered by anyone attempting to have respectful and open discussions regarding sexuality and gender, and the safeguarding of children. To prepare, Dr Kenny had read and rebutted the expert briefs of four psychologists, each of whom gave evidence that LAVA’s views were “hateful”.
DR EMMA HILTON Brief of Evidence here
Dr Emma Hilton is a developmental biologist at the University of Manchester.
Dr Hilton has undertaken extensive research into the physical differences between men and women in sport and concludes that the advantage remains even if the transwoman has undergone testosterone suppression.
While the transgender agenda promotes the consideration of inclusivity over fairness, Dr Hilton argues that the opposite argument (fairness prevails over inclusivity) is ‘rational’ and scientifically evidenced within the lens of safety and fairness to women.
Dr Hilton gave evidence that LAVA’s views on the inclusion of trans identified men in women’s sports are neither bigotry nor false facts, and also refuted that sex is anything other than binary, providing evidence to support her position.
FERN HICKSON, RESIST GENDER EDUCATION Brief of Evidence here
Fern Hickson from Resist Gender Education draws on three decades of educational experience and research into gender dysphoria trends. Ms Hickson and RGE agree with LAVA’s position that sex and gender identity must remain distinct in the classroom.
She is a vocal advocate for children’s freedom from gender stereotypes and expresses serious concern regarding the promotion of gender ideology in schools.
PROFESSOR JON PIKE Brief of Evidence here
Jon Pike is a Professor of Philosophy at the Open University in the United Kingdom, specialising in the Ethics of Sport.
Professor Pike has written extensively on the inclusion of trans identified men in women’s sport.
Professor Pike shares LAVA’s view that the exclusion of trans identified men from women’s sport is a matter of fairness, and that reducing testosterone does not eliminate the innate advantage being male-born has in female sport. Prof. Pike states his views are “in good faith from sound factual data and rationally held beliefs about fairness in sports.” LAVA’s views share the same basis.
PROFESSOR KRISTOPHER KALIEBE Brief of Evidence here
Kristopher Kaliebe, MD, is a Professor of Psychiatry at the University of South Florida in Tampa, Florida. He is Board Certified in Psychiatry, Child and Adolescent Psychiatry and Forensic Psychiatry. He is a Distinguished Fellow at the American Academy of Child and Adolescent Psychiatry (AACAP).
Prof. Kaliebe gives evidence about the rapid rise of gender dysphoria in young people and describes how the basis of trans medicine has turned from evidence-based enquiry to advocacy.
Prof. Kaliebe supports LAVA’s position that biological sex is immutable, and that this view is not grounded in hatred or bigotry but rather grounded in scientific fact. As such, LAVA’s views are worthy of protection by human rights laws.
MATILDA GOSLING, SOCIAL RESEARCHER, AUTHOR, Brief of Evidence here
Matilda Gosling is an experienced Social Researcher who conducted the interviews and research for a well-received report co-written with Sex Matters UK entitled “Women’s Services – A Sector Silenced” in January 2024.
Ms Gosling’s research, and the subsequent Sex Matters written report, clearly showed that the inclusion of trans identified men in women-only services causes detriment to women survivors of male violence, including silencing, self-exclusion, and re-traumatisation.
Ms Gosling supports LAVA’s position that women-only services and requests for same sex intimate care are based on protecting vulnerable women rather than as a result of hatred or bigotry towards trans identified people.
DR RAMON DAS PHD, TE HERENGA WAKA-VICTORIA UNIVERSITY Brief of Evidence here
Ramon Das holds a PhD from the University of Maryland and is a Senior Lecturer in the Philosophy Programme at Te Herenga Waka Victoria University.
His philosophical work primarily focuses on moral and political philosophy, with significant contributions to ethics, meta-ethics, and international affairs.
Dr Das was asked if LAVA’s views are protected as political opinions under the Human Rights Act (1993).
In his evidential brief, Dr Das discusses at length what may or may not constitute a political opinion or be hate speech and concludes that LAVA’s stance is a form of political expression that belongs in a healthy democracy. He also writes that LAVA’s views on transgender rights do not cross the line into hate speech, regardless of whether people agree with those views or not.
ROWENA EDGE, SAVE WOMEN’S SPORTS AUSTRALASIA Brief of Evidence here
Rowena Edge is a founding member of Save Women’s Sport Australasia (SWSA) and of the International Consortium on Female Sport (ICFS). For more than five years, Ms Edge has been undertaking research and advocating for dedicated sporting categories for those born female
Ms Edge introduced research to support LAVA’s stance that trans identified men do not belong in women’s sporting categories. Rather than LAVA’s stance being hateful and dangerous to an already marginalised group, LAVA’s views accurately reflect a 2024 Curia poll of randomly sampled New Zealanders.
Ms Edge was also able to affirm LAVA’s position that male bodies retain an advantage after ‘gender affirming’ testosterone reduction, and that LAVA is not calling for a group of people to be banned from participating in sport; rather, fairness and safety should be given primacy in any conversation about the inclusion of trans identified men in women’s sport.
SIMON TEGG, DIRECTOR GENSPECT NZ Brief of Evidence here
Simon Tegg is a director of Genspect NZ and founder of ‘Fully Informed’ (later folded into Genspect), a group of professionals advocating for evidence-based medical standards in paediatric gender care.
His work focuses on ensuring families are fully informed of the risks and the limited evidence supporting current gender-affirming treatments.
Mr Tegg’s evidence showed ample grounds for concern about the Standards of Care produced by the World Professional Association of Transgender Health (WPATH), and the guidelines from its body, the Professional Association for Transgender Health Aotearoa (PATHA), are based on weak evidence when they advise medicating children.
His expert testimony asserts that critical views on puberty blockers, such as those held by LAVA, are legitimate scientific concerns rather than hate speech.
SUSAN MIDDLETON, EMERITUS PROFESSOR WAIKATO UNIVERSITY Brief of Evidence here
Susan Middleton is an Emeritus Professor in the Faculty of Education at Waikato University of New Zealand.
Professor. Middleton addresses the problem of conflating sex and gender and the introduction of the notion of an innate “gender identity” by the transgender community.
She also supports LAVA by advancing the view that LAVA’s views are not a product of hatred and bigotry but rather are “good faith” views shared by those who have reviewed expert evidence and research to understand the rise in issues related to healthcare, education, and society in general.
Professor Middleton points out that labelling LAVA’s perspectives as hateful or bigoted reflects the typical pushback faced by second-wave feminists. This resistance often hinders the very type of transparent, respectful dialogue about gender and sexuality that the Conversion Practices Prohibition Act 2022 was designed to encourage.