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In these days of' desperately declining' birth rates the Catholic Church is trying to prevent lesbian and single women having access to IVF services. In October 2000 the Church appealed to the High Court of Australia seeking to overturn a Federal Court decision in July 2000, which allowed access to the services to all infertile women. The federal government has responded to the decision by enacting legislation allowing the States and Territories to pass laws that would otherwise be discriminatory excluding lesbian and single women from IVF services. Leesa Meldrum who is a single woman seeking to have access to IVF services is reported as being frustrated by the latest moves to prevent her having a child. She is a Catholic who considers the appeal by the Catholic Church to be 'hypocritical'.
[See also the article on p.288 of this edition on this case. Ed]
In the heated debate that has flurried around this issue much has been made of the 'right of a child' to have a father. Last time Girlie looked heaps of women were bringing up children on their own. And, alas and alack, some of those mothers were dykes! Many began by trying to play the role of good wife but found that shenanigan to be most unsatisfactory. One lapsed heterosexual told Girlie, 'Trying to bring up a child with the assistance of a husband was like having two children to look after. I'm now in a lesbian relationship. My partner is fantastic and we share responsibility. My husband was allergic to the notion of responsibility.'
Meanwhile the Herald-Sun in Melbourne (18.10.2000) reports that a Los Angeles man has abducted his grand son from a gay couple because they were teaching him ballet rather than baseball. What is the world coming to?
If you are a lesbian parent and trying to get pregnant or seriously considering your options and a resident of Victoria you may be interested in assisting Deborah Dempsey with her research. Deb, who describes herself as, 'a lesbian-friendly researcher' would like to interview you about your experiences at a convenient time and place. The interview will take an hour or two. Your contribution will be confidential, and you will be anonymous in the written results of the research. As there is little Australian research on lesbian (biological and non-biological) parents or prospective parents, your contribution will help make visible the history and contemporary experiences of this group of women. If interested contact Deb Dempsey at the Australian Research Centre in Sex, Health and Society at La Trobe University on (03) 9285 5396 or (03) 9285 5382, or email: d.dempsey@ latrobe.edu.au
In a public spirited response to the terrible news about declining birth rates, three feminist lawyers have rallied to the call. At a recent wedding Girlie could not help but notice the busty appearance of the three prominent Victorian feminist lawyers. It appears the bride, Kath Ettershank, her Mistress of Ceremonies, Hilary Bonney and wedding guest, Fabiola Superino have all chosen motherhood as well as careers etc. etc. Congratulations to all three expectant mums and let's hope that, like Jennifer Keyte, you find motherhood to be 'sheer bliss'. Hilary is an ex-compiler of 'Sit Down Girlie' and, not content with one baby, she is expecting twins.
Mel Gibson, described in the media as 'ever-so-cool', 'on the wrong side of 40' and 'an icon' has confessed he is hopeless when it comes to understanding women. He was reported in the Melbourne Herald-Sun (18.10.2000) as saying he had no idea what women really wanted: 'I think it's somewhere between conversation and chocolate', he guessed. Come on Mel, you must have some idea! After all you are the father of seven. Does this mean you're a very good talker or that you pack a powerfully seductive box of chockies. Women do, of course, like squeezing chocolates to determine whether they have soft or hard centres. However, Mel may be right, having seven babies may mean he really doesn't understand anything much about women at all.
Following the recommendations of a pregnancy and work report by the Human Rights and Equal Opportunity Commission, McDonald's decided (on 13 November 2000) to introduce unpaid parental leave for casual staff. McDonald's big hearted move is not going to cost them anything and this corporation has been responsible for a huge 'casualisation' of the workforce by employing around 40,000 casual staff, representing 80% of its workforce. The ACTU has launched a test case in the Federal Industrial Relations Commission to try to have parental leave enshrined in all federal awards. About a third of all female employees are casual and there are about 2 million casual workers throughout Australia. Many women have no option but to work part time. Unpaid parental leave will at least mean they should have jobs to return to.
In November 2000 the Senate passed new Commonwealth legislation allowing couples to enter into contracts in case their marriages collapse. Previously couples could enter into such agreements but the Family Court of Australia could overturn them. The new laws make the agreements more binding. Some lawyers and counselling services have greeted the legislation with extreme caution. Concerns have been expressed that being coerced into agreeing to unfair conditions may disadvantage the 'weaker' member of a couple. Lawyer Annemaree Lanteri of Wisewoulds was quoted in the Herald
Sun (10.1.2000) as saying, 'Normally rational people often agreed to ridiculous terms and conditions because they were blinded by love.' She also predicted that wealthy men, and those who 'had been burnt before by failed marriages, were likely to insist on the contracts'.
At the AIC Women in Corrections Conference in Adelaide (October 2000), just prior to the commencement of a Panel Session 'Managing Women's Prisons', in front of a panel comprising corrections commissioners from Australia and overseas, prison advocates Amanda George and Jade Blakkarly stripped naked, held out their arms, opened their hands and poked out their tongues in a graphic representation of what happens to women in our prisons when they are strip searched. Amanda told Girlie she and Jade had stopped short of a full depiction of a strip search by not bending over, parting their cheeks and removing tampons and felt the predicament of women prisoners being strip searched warranted dramatic action. According to Girlie’s sources the panelists and audience were 'gob-smacked'.
Strip searches in prisons were the subject of an article by Amanda in the Alt.L.J (February 1993) entitled, 'Strip searches: sexual assault by the state'. Amanda and Jade say they are appalled at current practices in women's prisons. They have been told that the number of searches has increased dramatically and, contrary to policy manuals, women are being asked to remove tampons during these searches.
A West England University experiment has revealed that British politicians were much more strongly sexually aroused by the steely stem gaze of Margaret Thatcher than they were by images including two women kissing and a semi naked man. Girlie is unaware of the gender of the tested pollies but thinks it probably would make a difference.
Men will quit the game in disgust if they have to play with women, the Victorian Administrative and Civil Tribunal was told on 18 October 2000.
The game, the Tribunal was told, is too rough and aggressive for women. Men will do almost anything to make sure they win. What is this aggressive, macho game that women must be protected from? Lawn bowls. Emily South wants to play with the men in the Royal Victorian Bowls Association's male-only pennant competition on Saturdays instead of the women's competition on Tuesdays but the boys don't want her. She has appealed to the Anti-Discrimination Tribunal.
Recent information placed in the Northern Territory News on behalf of the Northern Territory Legislative Assembly included a Ministerial Statement by the Honorable Denis Burke MLA, Chief Minister of the Territory.
Mr Burke announced that 'ground breaking research' is being undertaken in the Territory on the issue of domestic violence. The focus of such research, it was announced, is 'on how restraining orders can be made more quickly, with out the delay of appearing before a magistrate ... using the information available to the police officer at the time'.
Groundbreaking indeed. A call to the Office of Women's Policy and the Attorney-General's Department fails to turn up any research.
The now defunct Darwin Domestic Violence Legal Help, and other women's service providers have been lobbying the Territory government for several y1ears for a greater police response to and involvement in domestic violence issues including restraining order applications. Girlies in the Territory may find it ironic that police may be given increased powers, when ser vice providers have complained for years that police do not adequately use the powers that they have when responding to domestic violence.
Concerns with respect to the handing over of more responsibility to police have been raised since the introduction of mandatory sentencing and the increased importance of police cautions. It has been argued that the police may have taken on the court's judicial function, which is clearly not their role.
In relation to domestic violence, Girlies have similar concerns. They have called for, and would no doubt welcome, a greater involvement of police in domestic violence issues, including making applications to the court for restraining orders and arresting people who have committed crimes, including those against women. However, the relegating of the power to grant a restraining order to police raises three concerns from Girlies. First, why is such a proposal necessary when magistrates currently have the power to make restraining orders over the telephone on the application of police? Second, it raises questions about the role of police and their training. Finally, the perception may arise that the handling of domestic violence issues in a non-judicial forum diminishes their status as a crime in the eyes of offender, survivor and the community.
It was hoped that the lack of any female magistrates in Darwin for many years would be addressed with the recent advertisement of two magistrate positions. Sighs of relief were almost audible among women's service providers when rumour had it that there were several excellent Girlie applicants and the word on the street was that it was desired by the powers that be that at least one appointment be a Girlie.
Gender balance appears not to have been in the mind of the final selector when it was heard that neither of the appointments were women.
Girlies would have thought that are cent case in which a 15-year-old girl was severely bashed by her boyfriend and the offender was sentenced to one day in gaol would highlight the need for a few feminine touches on the bench.
Congratulations to Sally Marsden whose achievements include being visual arts director of Somebody's Daughter Theatre Company at Fairlea Prison for nine years. Sally has been awarded the Ros Bower Award established in 19 81 for artistic commitment and a commitment to improving community. The award comprises recognition and $40,000. Well earned.
Primi Gravida
Primi is a Feminist Lawyer.
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URL: http://www.austlii.edu.au/au/journals/AltLawJl/2000/113.html