Transgender advocates have spoken out against a proposed bill that "seeks to exclude trans girls and trans women from participating in sports" based on their biological sex.
Earlier this month, Tasmanian Liberal Senator Claire Chandler introduced her private member's bill to the Senate to amend laws relating to sex discrimination in sport.
Senator Chandler said her "Save Women's Sports" bill, would clarify that the operation of single-sex sport on the basis of biological sex was not discrimination.
She said she did not think it was safe to expect female players to compete against males.
"What my bill is seeking to do is just ensure that these sporting clubs can't have legal action taken against them if they choose to offer single-sex sport for women and girls," she said.
"Women and girls have had a right to access single-sex sport for generations now, that right was hard fought for and I'm just seeking to protect that."
Senator Chandler said sporting clubs across Tasmania and Australia were calling for the changes but was unable to name a single sporting group that was calling for trans-women to be excluded.
"I've been contacted by parents of girls who have realised how despondent their girls have become competing in sport in situations where they're competing against males and feeling like they're not good enough to be in the game and I think that's an untenable position," she said.
"It's not forcing sporting clubs to do anything, it's just providing that legal certainty.
"If sporting clubs and organisations and sport administrators still want to offer mixed-sex sport options or open options, they're still going to be able to do that."
Former Tasmanian anti-discrimination commissioner Robin Banks said the bill was "a legislative solution to a non-existent problem."
"[Senator Chandler] argued that it's about supporting equality for girls and women in sport, the Sex Discrimination Act already permits that," she said.
"This is not a good piece of legislation, it will have unintended consequences and discrimination laws should be about preventing discrimination, not promoting it."
While it is unlikely the bill will be debated in the House of Representatives before the upcoming election, Prime Minister Scott Morrison endorsed it at a press conference in Tasmania on Tuesday.
"It's a terrific bill and I've given her great encouragement," Mr Morrison said.
"Claire is a champion for women's sport and I think she's been right to raise these issues in the way that she has."
Charlie Burton from Equality Tasmania said the bill "seeks to exclude trans girls and trans women from participating in sports".
"One of our key messages is that Tasmanian women stand shoulder to shoulder with their trans sisters and repudiate attempts to exclude them from women's sports and women's services," Dr Burton said.
"Tasmania, partly because of our strong anti-discrimination laws, is a fair and inclusive society and we repudiate and reject the politics of fear and division.
"Our understanding is the vast majority of sporting codes in Tasmania support more inclusion and are happy with the mechanisms they have to navigate balancing inclusion with fair competition."
'They're just looking for some clarity'
Senator Chandler said some sporting administrators in Tasmania were not clear on what the law actually says about inclusion in sport.
"They are deeply worried that they'll have legal action taken against them and they're just looking for some clarity," she said.
"That's why this bill is going to provide that legal clarity to sporting clubs and organisations so that if they want to offer single-sex sport for women, they won't have legal action taken against them for doing so.
"You look at what is happening with Lia Thomas in the United States, where this trans woman swimmer whose beating her female counterparts by seven seconds in the pool, that is just madness."
Lia Thomas is a former male swimmer for the Quakers and has followed National Collegiate Athletic Association and Ivy League rules since she started her transition in May 2019 with hormone replacement therapy.
Her triumphs have been overshadowed by criticism that it was not fair for a swimmer who competed as a man three years ago to now line up against women.
Dr Burton said that under Australian legislation and codes, there would be a case to exempt that swimmer from the competition.
"The Sex Discrimination Act mentions strength, stamina, and physique," he said.
"If any, or all, of those qualities can impede fairness and fair competition, then a person is able to be exempted or not participate in a sport.
