Discrimination claim served on Pride Board

Te Whanganui a Tara | Aotearoa
30 December 2022

Lesbian Action for Visibility in Aotearoa (LAVA) has made a discrimination complaint to the Human Rights Review Tribunal (HRRT) against the Board of Wellington Pride Incorporated. LAVA claimants Hilary Oxley and Marg Curnow received notification just before Christmas that their claim has been served on the Pride Board for their response, due by late January 2023. Currently the HRRT takes approximately 2 years to hear claims.

The Pride Board cancelled LAVA's stall booking at Out in the City 2021, claiming that a LAVA stall would make trans people at the event "feel unsafe", because LAVA members don't share the Pride Board's belief that men can become women. Pride made this claim despite their stated kaupapa of “inclusion and diversity” and a commitment to “engage in the hard conversations about intersectional justice in a peaceful and productive manner”. Marg and Hilary say their complaint to the HRRT addresses unlawful discrimination against LAVA and other lesbians, on the grounds of ethical belief, political opinion, and sexual orientation.

Early in 2021 Hilary and other lesbians at the annual Lesbian Summer Camp created a detailed map showing Wellington places of historic, social, and political importance for lesbians. LAVA booked a stall at Out In The City in March 2021 to display the map with the aim of inspiring lesbians and promoting lesbian visibility. When the stall booking was cancelled just four days before the event, LAVA requested a meeting to discuss the issues, but received no response from the Board. LAVA then decided to hold a peaceful demonstration outside the Michael Fowler Centre (MFC) where the event was to take place, to display the map and protest the cancellation.

At the event a crowd, including members of the Pride Board, formed a noisy counter-protest, very close to the LAVA demonstration and blocking it from view. Some counter-protesters were very aggressive to LAVA demonstrators, and carried signs displaying slogans such as ‘Fuck TERF Cunts’.

A lesbian from a stall inside the event went out to support the demonstration. On trying to return to her stall, she was physically barred from entry by Pride board members, who had arranged with Police to trespass her if she did not leave the premises. She was not permitted to return to her stall.

LAVA complained to the Human Rights Commission, and in December 2021 engaged in mediation with the Pride Board but no resolution was reached. After seeking advice and taking time to consider all their options, LAVA decided to submit a claim to the Human Rights Review Tribunal, with Marg Curnow and Hilary Oxley as claimants on behalf of LAVA. Marg says, "this is a positive step for LAVA and all women and lesbians in Aotearoa and around the world who are battling to maintain our sex-based right to organise without including men”. Hilary says, “I hope the case will be inspiring for lesbians and same-sex attracted women who call themselves non-binary, enabling wide discussion of this and other issues affecting everyone born female.”

For comment contact: lava.aotearoa@gmail.com

Background Information about LAVA

LAVA is a civil society organisation established in 1988 to represent the political interests of lesbians, especially in relation to matters concerning the Human Rights Act 1993. LAVA members were instrumental in ensuring that lesbians are explicitly included as a protected category in the Act. LAVA reformed in 2020 because of concerns about the lack of lesbian visibility in Rainbow organisations and our interests not being represented. Since 2020, LAVA has taken political action over matters such as a change made in secret by the Ministry of Women to include men in the category of women, the introduction of sex self-identification in the Births, Deaths, Marriages and Relationships Registration Bill, and the introduction of conversion therapy prohibition legislation that confuses sexual orientation with gender identity, to the detriment of same-sex attracted people. LAVA does not believe people can change sex and are very clear that lesbians are always female.