Elara, a trans woman, recently faced a distressing experience when she attempted to enter Fernwood Fitness, a women-only gym in Australia. Elara was turned away from the gym due to not being a “biologically born female.” She was blindsided and wounded by the gym’s trans-exclusive policy, which only allows people who identify as female but were assigned female at birth to join. This incident has ignited a much-needed discussion on questions of inclusivity and the vulnerability of transgender women in spaces created for women.
Their comments on Elara’s denial went in a deeply inappropriate direction. They even alleged that she might become a danger to public safety herself. This implication hit her really hard, as it crystallized the stigma and misinformation that trans women experience regularly. Following her experience, Elara posted on Reddit to share her story. Once there, she was received with massive support and eventually ran into a few other transgender women who had been denied by Fernwood.
After this online uproar, Elara got a call on the phone from the national CEO of Fernwood personally. For all this ceremony though, she told, she felt let down by the protections she thought were in place for transgender people in Australia.
“I did think we were better protected in Australia … we thought our legal protections were stronger than apparently they are.” – Elara
Elara’s sentiment is one that’s echoed across the transgender community, and for good reason — legal protections are rarely enough. Elara currently resides in Victoria, where protection from discrimination on the basis of gender identity is protected under the Equal Opportunity Act 2010. This statute holds true, irrespective of an individual’s biological sex. Additionally, the federal Sex Discrimination Act 1984 makes it unlawful to discriminate against an individual based on their gender identity.
For faculty of Monash University Paula Gerber, a specialist in human rights law, this is a vitally important matter. While recognising women-only gyms are legal in Australia, she stressed excluding trans women was not legally permissible.
“Fernwood is perfectly entitled to have a women-only gym. But women include trans women in Australia.” – Paula Gerber
Gerber said Fernwood’s case would likely fail to withstand legal scrutiny. Legal experts say the actual risk to women’s safety is from men. On the one hand, they have libertarian impulse member trans women don’t really have an impact here.
“The response from the Human Rights Commission and the [Federal Court] tribunal is that the threat is not from trans women. The threat is from men.” – Paula Gerber
Elara’s experience is not an isolated incident. A national survey of 3,099 transgender people held in the early months of 2023 found that half of respondents had faced anti-trans hate. Transgender Americans are often forced to face discrimination in multiple critical aspects of their daily lives, as this statistic illustrates. One key concern is their access to safe spaces, like gyms.
Zoe Belle Gender Collective spokesperson Norrie Forrest said the exclusion of trans women from women’s spaces is damaging. The spokesperson explained that these kinds of exclusions are ideological positions disguised as concern for women’s safety.
“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.” – Zoe Belle Gender Collective
The spokesperson emphasized that the vulnerabilities faced by cisgender women are often the same ones that transgender women experience.
“Trans women and cis women have much in common, including being disproportionately impacted by men’s violence.” – Zoe Belle Gender Collective
The systemic issues that affect gender identity and safety resonate beyond the individual experience, impacting society’s perceptions and attitudes. As the daughter of immigrants, Elara articulated the burden of these challenges and burdens clearly. She believed her experiences made her want to reassess the rights she previously believed were guaranteed.
“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
Even with this disappointment, Elara is optimistic looking forward. She’s convinced inclusive policy interventions are particularly important in spaces created for women.
“I think it’s a lot easier for trans women in women’s spaces, fundamentally.” – Elara
The conversation started by Elara’s experience highlights the need for continuing conversations about how to create inclusive and safe environments in gendered spaces. The reality of this conversation is that we are overdue in changing legal frameworks. These amendments are necessary and long overdue to better protect, better serve, and better represent all people—and that includes transgender individuals.
