When Elara, a transgender woman, tried to enter Fernwood Fitness, an all-women gym, that changed. The gym refused her entry because their policy only allows people who are “biologically born females.” In the wake of a recent shocking incident in Victoria, Australia a valuable conversation that began in our Twitterverse should continue. It focuses on gender identity, safety concerns, and discrimination in women-only spaces.
When she arrived at the gym, Elara was “taken aback” and “deeply wounded” by being turned away. The whole ordeal has now left her profoundly disillusioned with the protections she thought were afforded to trans people in Australia. She shared her frustration over the suggestion that she could be a safety risk just for being a transgender woman.
Elara went on Reddit to explain her experience and the Reddit community responded with their support. Trans women, including many other trans women of color, soon followed with their own stories about having been turned away from Fernwood Fitness. Following the social media backlash, Elara received a phone call from the national CEO of Fernwood, further highlighting the gravity of the situation.
“I did think we were better protected in Australia … we thought our legal protections were stronger than apparently they are.” – Elara
The incident has highlighted the patchwork laws that already govern discrimination against someone for their gender identity. Paula Gerber, a human rights law professor at Melbourne’s Monash University, made an even more salient observation: Women-only gyms are completely legal in Australia. She stressed that, under current law, it’s illegal to exclude transgender women. The federal Sex Discrimination Act 1984 makes discrimination on the basis of sex, sexual orientation, intersex status and gender identity unlawful. In Victoria, the Equal Opportunity Act 2010 prohibits discrimination by taking affirmative action to protect individuals from discrimination. Specifically, it makes it unlawful to discriminate against someone because of their gender identity.
Closing Elara’s story is a microcosm of the reality for many trans people in society today. According to a national survey conducted in March 2023 of 3,099 transgender individuals, one half of the respondents had experienced anti-trans hate. This fact highlights the importance of developing better awareness and understanding about how gender identity intersects with public safety issues.
“Trans women and cis women have much in common, including being disproportionately impacted by men’s violence.” – Spokesperson, Zoe Belle Gender Collective
Zoe Belle Gender Collective [2] drives home an important concern. Second, they assert that justifications for excluding trans women from women-only spaces usually do not stem from genuine safety issues. Instead, it seems to be an ideological litmus test on the issue of gender identity. The organization states that the same societal factors including transphobia and sexism that contribute to violence against cis women also put trans women at risk.
“People who are saying that we need to exclude trans women for safety aren’t really talking about women’s safety. They’re talking about an ideological position about whether or not trans women are women.” – Spokesperson, Zoe Belle Gender Collective
Elara’s story sheds light on how experiences of exclusion can exacerbate feelings of unworthiness and otherness among the transgender community. These encounters can heavily discourage trans people from seeking out important services and support networks established for those facing violence.
Of course, despite her recent experience at Fernwood, Elara still believes there’s hope in the fight for equality within women’s spaces. She noted that her perception of Melbourne as a welcoming city for transgender people came under threat. That fear still lingers on.
“My experience of being a trans woman so far in Melbourne has been that the level of vitriol and pushback and rejection that we expect from watching the news isn’t there.” – Elara
As the legal landscape surrounding gender identity and discrimination continues to change, we’ll be watching every step of the way. Others, including experts such as Paula Gerber, argue that cases like Elara’s require swift and decisive action. It’s time to reconsider discriminatory policies that exclude transgender people from spaces intended for women.
“Fernwood is perfectly entitled to have a women-only gym. But women include trans women in Australia.” – Paula Gerber
According to legal experts, discriminatory policies often lack any legal basis. To the extent these policies survive court challenges, they may still be undermined by the lack of political will. Our collective dialogue on inclusion, acceptance, and belonging in today’s society has only begun. Every day, new and diverse voices are adding to this vitally important discourse.
Elara’s experience is an important counterintuitive case study that underscores how far we are from achieving true equality. She articulated her feelings poignantly:
“It really took me aback and made me think about all the rights that we think we have here … to just find out that some people can be like, ‘nah,’ that company policy is to just say no.” – Elara
