The man and woman bill is unnecessary and deeply problematic

The member’s bill, introduced by Jenny Marcroft, has been framed as a mechanism to protect women and girls' rights, freedoms and safety. However, as outlined in our submission, and our earlier media statement, we are deeply concerned that the bill would:

• Restrict the rights of transgender people, non-binary, intersex, and takatāpui whānau

• Lay the groundwork for discrimination on the basis of sex and gender

• Provide implicit permission to deny people the right to legal protection from discrimination, bullying and harassment on the basis of their gender identity

• Create a dangerous, intolerant social context

• Contradict existing legislation

• Restrict access to healthcare and services for transgender, non-binary, takatāpui, and intersex people

• Raise concerns about bodily autonomy and privacy

• Restrict access to reproductive healthcare, including abortion, for people under 20

• Restrict access to cervical screening for trans, non-binary, and intersex people

• Create legal confusion, leading to increased exclusion

In our opinion, the true purpose of this bill needs to be clearly stated: it is the initial step in a much greater attempt to dismantle legal frameworks which protect the rights, freedom and safety of intersex, non-binary, transgender, and takatāpui as well as women and girls. There are several international examples which show how seemingly innocuous legal changes operate to gradually erode rights for these groups, restricting their access to services and choice. It is essential to ask: what is this bill really trying to fix?

This effort to identify individuals as either woman or man has no scientific basis and the risks that accompany this bill are far-reaching. Its implementation would translate into significant threats to the very groups it purports to protect. Women and girls in New Zealand are not asking for, nor do they need, the government to create this false categorisation. Their perceived fragility is being used to justify a harmful bill with threatens their own freedoms.

People currently possess the right to identify themselves as they wish according to New Zealand law. It is essential to protect hard-earned rights including how an individual understands and experiences their gender on their own terms. This is an area in which government should not be involved. The proposed legislation is an example of imported American Conservative influence and a divisive culture war which is not reflective of the inclusive, multicultural identity and spirit of New Zealanders. This international influence suggests that we may anticipate additional legislation that reduces rights for all people. We have seen examples of this around the world, particularly pertaining to reproductive rights. It is essential that we remain aware of these insidious influences and recognise this bill for what it is: a red herring. Despite the stated intentions of this bill, it would immediately and negatively affect a small, but highly vulnerable groups (intersex, transgender, non-binary and takatāpui whānau) and ultimately lay the foundation to erode the rights of rights for women and girls.

This reveals the true intention of the bill: to restrict the rights and freedoms of people who do not conform to a strict gender binary and potentially lay the groundwork to inhibit the rights of much larger groups, specifically women and girls. It attempts to police the diversity of humanity, and in so doing denies several groups just that: their humanity and their freedoms. It is unnecessary and deeply problematic with far-reaching consequences for citizens more broadly.

Read the full submission