Posted: 2024-10-16 01:42:31

The independent MP behind a new equality bill seeking to give greater protections to members of the LGBTQIA+ community has accused the Coalition of setting a worrying new precedent by denying their MPs a conscience vote on the issue.

Sydney MP Alex Greenwich introduced the bill to state parliament a year ago and it's currently being debated in the lower house.

It includes provisions to give transgender people in NSW the right to update their birth certificate without undergoing gender-affirming surgery. 

NSW is the only jurisdiction that requires surgery on reproductive organs for people to change identification documents.

But the original bill has been watered down to remove measures that would have prevented private schools from discriminating against gay or transgender teachers and students.

After being discussed at Labor caucus and special cabinet meetings, the state government has thrown its support behind the bill, but Liberal Party MPs have been denied a conscience vote on the issue and instructed to vote against it.

'A right-wing trend developing with the Coalition'

Mr Greenwich welcomed news that the Liberal member for North Shore Felicity Wilson will cross the floor to vote in favour of the bill, but said her party's stance was "worrying".

"Today what we are seeing is the shadow attorney general and some in the Coalition… using my community as a political football, as a political punching bag with no care or regard for the impact that has," Mr Greenwich said.

"I am concerned that we are seeing a right-wing trend developing within the Coalition.

"This will be a new precedent for the Coalition. No other leader has denied their members a conscience vote on LBGT issues. I think back to Nick Greiner, Barry O'Farrell, Gladys Berejiklian — all supported their members who wanted to support our community."

Mr Greenwich reiterated that every other state and territory has allowed transgender people to update their birth certificate "without removing a sex organ".

A close-up shot of a man in a shirt tie with an earnest expression on his face.

Sydney MP Alex Greenwich hopes he can shore up enough support for the bill to pass parliament this year. (AAP: Joel Carrett)

Ahead of the debate, Ms Wilson told ABC Radio Sydney she felt she had a duty to reflect the views of her constituents, who respected individuals' rights to make choices about themselves.

"Just because your party doesn't have a conscience vote doesn't mean you don't have a conscience,' she said.

"This is something that happens in every other state and territory and the sky has not fallen in."

Ms Wilson said she had lobbied Opposition Leader Mark Speakman for MPs to be granted a conscience vote, and said the partyroom respected her decision to cross the floor.

A young woman addresses the media

Liberal MPs like Felicity Wilson were denied a conscience vote on the new legislation. (AAP: Bianca De Marchi)

Henskens worried bill is 'moving too quickly'

The Shadow Attorney General Alister Henskens appeared at a press conference flanked by representatives from some religious, feminist and other community groups opposed to the bill, and defended his party's position.

"We believe it's unacceptable that children under the age of 18 can have their sex changed on their birth certificate without their parents or guardians being informed or involved in the process — that's one of the provisions involved in this legislation," Mr Henskens said.

"We are also highly concerned about the impact upon the privacy of women's spaces that will be created through this legislation. We are worried about the impact on women's sports, women's refuges, women's prisons," he said.

"It's moving too far and it's moving too quickly."

However, Attorney General Michael Daley refuted many of Mr Henskens's assertions, saying the opposition had many facts wrong about the bill and its implications.

"I do want to make it clear that this bill does not change anything in relation to how organisations already appropriately regulate people's involvement in sport, it does not change anything in relation to how schools operate, it does not change anything in relation to how correctional facilities operate," Mr Daley said.

"It does not allow children to make applications without parental support to change their birth certificates — members of the opposition I say this again for your benefit… particularly the benefit of the shadow attorney general."

An older man in a suit appears at a press conference, flanked by eight other people, all are speaking about the equality bill.

Alister Henskens was flanked by representatives from some religious, feminist and other community groups opposed to the equality bill. (ABC News: Nick Dole)

Mr Henskens has denied that he had been a factor in his party's position.

He also defended the decision to deny Liberal MPs a conscience vote.

"Well Labor doesn't have a conscience vote either," he said.

"These are not matters which are automatically conscience votes and the partyroom decided by an overwhelming majority that we would not have a conscience vote."

Daley denies bill has been rushed

Mr Daley said it was ludicrous to suggest the bill was being rushed, pointing out the bill had been introduced over a year ago and had been the subject of a parliamentary inquiry. 

"This is not legislation that has been rushed, on the contrary it proceeded very, very slowly — frustratingly so.

"The amendments in this bill will not make an iota of difference to the overwhelming number of citizens in NSW," Mr Daley said.

"But they will make a huge difference to the small percentage of people who need the protections inherent in this bill. That is the thing we must all unselfishly and respectfully remember today."

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