A federal court has overturned an earlier ruling against a lesbian action group. The tribunal had determined the Lesbian Action Group could not exclude transgender women from its events. Now the case returns to the administrative tribunal for further consideration.

The Lesbian Action Group challenged the earlier ruling. The group argues it has the right to set participation criteria for its events. The tribunal ruled against this position. However, the federal court has now decided this case is more complex than initially assumed.

This issue has troubled Australia for some time. It raises fundamental questions: what rights do organisations have in determining membership? How do you balance this against anti-discrimination laws? The case will now return to tribunal.

This is not a final resolution of the dispute. Both parties can present their positions again. The tribunal must then decide whether the action group has the right to exclude transgender women. Or whether this violates existing anti-discrimination legislation.