ࡱ> egd%` n0bjbj"x"x *>@@n( $S22222222-8@48xS$ThWDS22S22Suuu 22uuuu2& !S~uS0SuYWdYWuYWuH2L~6u,3222SSv222S  Please find my responses to the consolation on Protection from discrimination on the basis of sexual orientation and sex and/or gender identity I have included my responses within the questions below. 1. What benefit would there be in federal anti-discrimination laws prohibiting discrimination on the basis of sexual orientation and sex and/or gender identity? This would bring in to place consistent laws across the country. To send a message that such discrimination is not acceptable. 2. What benefit would there be in federal law prohibiting vilification and harassment on the basis of sexual orientation and sex and/or gender identity? As per 1 above. 3. Can you provide examples of situations where federal protections from discrimination on the basis of sexual orientation or sex and/or gender identity are needed because state and territory laws do not provide adequate protections? Yes. As I understand it shops are not required to provide service to Intersex or Transgendered people if they choose not to. EG, they can refuse to allow Intersex or Trans people permission to try on clothing. I think that they may also refuse permission to allow trans people to use the toilet of their choice in some states. Also, I am still pretty sure that if I express that I am Intersex, and not female or male, that I can not marry. During the round table consultation one of the speakers indicated that the marriage act allows for an Intersex person to marry if they fit into either a male or female identity. Why should I be forced to take on a gender identity that I am not? That is like telling a female that she has to identify as a male in order to marry. I identify (quite rightly too) as Intersex. Why should I have to change my gender to marry? 4. Have you experienced discrimination because of your sexual orientation or sex and/or gender identity for which there is no legal protection? Yes (at leats if there is legal protection I am not aware of it): When I found a lump in my breast I was referred to a breast specialist who refused to see me straight away because I might scare the women in the waiting room. I was instead required to wait 7 days before the specialist would see me. Before attending university I attended a 1 year Year 12 equivalence program. I studied very hard and consistently scored grades well above what any other student scored. I know this for a fact, and often compared scores with other students. I also assisted other students with their studies. However, at the end of the year during our graduation ceremony I was mortified when a scholarship was granted to another student and it was announced to the group that that she had the highest scores of any student. Later I asked to see the scores and was told that only female students were eligible for the scholarship, which was provided to encourage more female students into university. This was despite the fact that in 1996, there were more female students attending university than male students and certainly far more than Intersex students. Later it was confirmed that my scores massively exceeded those of the student who was awarded the scholarship. I have twice been refused permission to try on clothing at a lingerie store in Kingston ACT. I have been refused permission to try on a dress at a chain store in the Canberra Center, ACT. I have been both refused permission to try on clothing, and refused service at several other stores over the years. More times that I can count I have encountered various forms that do not allow me to correctly indicate that I am Intersex. Some of these go on to threaten punitive action for not providing correct information. This is quite stressful as I am continually not given the option to tell the truth, and are treated if I dont tell the truth. It wears you down after a while. 5. Have you experienced vilification or harassment because of your sexual orientation or sex and/or gender identity for which there is no legal protection? Yes. While a public servant I was referred to as the freak by several co-workers and received ongoing harassment by one particular employee after I had mentioned that I was Intersex. As I understood it then, there was no protection for harassment on the basis of being intersex as the sexual harassment laws only protected males and females, and not Intersex. 6. What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sexual orientation is to be included? Dont assume that gender identity has anything to do with sexual orientation. 7. What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sex and/or gender identity is to be included? I am in favour of the use of the term Gender to refer to Intersex people. I mean male is a gender, female is a gender, why is it that Intersex is referred to as a Gender Identity? People born male or female are not referred to as identifying as male or female so why should people born Intersex be referred to as identifying as Intersex or as Intersex as being their gender identity? I find it EXTREEMLY INSULTING that Intersex is still not recognised for what it is, a gender, not a gender identity. What are the advantages or disadvantages of the terms used in state and territory laws, including: gender identity; chosen gender; gender history; a gender reassigned person; or a recognised Transgender person; or transexuality? As above. Should protection from discrimination be provided if a person has or appears to have the characteristics of any gender? Yes. All people should be protected from discrimination regardless of whoever and whatever they are or any specific distinguishable features or traits they have. 8. What terminology should be used to ensure that people who identify as intersex are protected from discrimination in federal law? Should the term intersex be used? Should protection from discrimination on the basis of sex include people who are of indeterminate sex? Yes, I think the term Intersex should be used. I myself prefer Intergender, because too many people associate the word sex with sexual intercourse. This is why I prefer the term gender over sex. But Intersex seems to be generally acceptable. I defiantly would not support any term which includes disorder such as disorder of sexual development. I find that term disgusting. I am not a disorder of anything. 9. What special measures designed to benefit specific groups based on sexual orientation and sex and/or gender identity should be allowed by federal anti- discrimination law? A positive education and employment plan. If it is good enough for females to have such things, then it is good enough for Intersex people to have such things. Failure to do so is clear discrimination. 10. What other actions would you like to see the Australian Government take to better protect and promote the rights of LGBTI people in Australia? Dont use stupid names for studies like the sex files. To do so makes a serious report / study sound like a pornographic film. It takes away from the legitimacy of such work. I also found that name to be particularly insulting. Stop referring to Intersex as a gender identity and instead refer to it as what it is, a gender. If you employ staff to protect equality among the genders, then those staff should be looking after Intersex rights as well. If you employ staff to look after the rights of a particular gender, such as female for example, then you should employ staff to specifically look after the rights of intersex people. To fail to do so is clear discrimination. It would be good if schools were required by law to take reasonable efforts to provide toilet and changing facilities for Intersex students if an Intersex student requests it. Why should an Intersex student be forced to change with people who are not their same gender, and a result, face harassment and possible sexual assault? I mean if females were forced to change with males against their will there would be an uproar. Similarly, sexual education in schools must include that there are Intersex people, and that such people are just as natural as the female and male genders. This should help remove the stigma and guilt forced on to Intersex people for merely being born different than the majority of people. Just because were different does not mean theres anything wrong with us. Try to avoid grouping sexual orientation (LGB) with gender identity (TI). Me being an Intersex person has nothing to do with my sexual orientation. Similarly I have heard from many Trans people that being Trans does not have much, if anything, to do with their sexual orientation. I also feel that as an Intersex person, many of our needs are far different from LGB people. I have done many Internet searches for the terms LGBTI and GLBTI to see how many actually include the word Intersex on the web page beyond explaining what the acronym means. Very few web sites about LGBTIs or GLBTI actually have anything on them about Intersex people or Intersex issues. It is very frustrating as an Intersex person to see web sites from organisations claiming to support intersex issues when clearly they dont, and some even seem to have no real idea of what issues are important to Intersex people as those organisations have never communicated with an Intersex person. I feel so strongly about this that I would go so far as to say that if any funding is provided to such organisations to support Intersex issues, that they should actually have Intersex members, or be actively seeking to have Intersex members instead of paying lip service to Intersex people and our issues. Finally, PLEASE change the wording on your sex discrimination page from Equality between men and women is a principle that lies at the heart of a fair and productive society to Equality between all genders is a principle that lies at the heart of a fair and productive society The statement is totally offensive and insulting to me as an intersex person. 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