By Kerry Vernon
BRISBANE — The Queensland Anti-discrimination Tribunal ruled on January 31 that the medical group QFG had discriminated both directly and indirectly against a lesbian when it refused her access to artificial insemination through a sperm bank.
Since the decision, anti-discrimination commissioner Ros Atkinson and her staff have received several abusive phone calls and the Coalition state government has indicated it may attempt to over-ride the decision of the tribunal to award $7500 in compensation. Deputy prime minister Tim Fischer has also threatened to tighten provisions so that fertility clinics can only treat medical conditions causing infertility. QFG doctors are now appealing the ruling under their working guidelines which where agreed upon under the conservative 1984 Demack recommendations which restricted access to fertility clinics and sperm banks to heterosexual couples.
Queensland health minister Mike Horan is preparing to revise clinic licensing arrangements to exclude lesbians, and state minister for families, youth and community care Kev Lingard has said that "the tribunal's decision might open the floodgates to women using donor sperm according to their whims and fancies, not their fertility". But the woman involved, known as "JM", points out that "artificial insemination is used by fertile women; it is not IVF".
Already "the legal problems of bringing up a child are astronomical for lesbian women", said JM. You have no legal rights over each other's biological children ... you can't sign school forms, get passports for your children or take them to the doctor. I can't sign a Medicare form for my partner's biological daughter, who is also my daughter".
That private sperm donors can seek custody of her child later is a serious concern for JM. The use of private donors also "puts lesbian women at far greater risk of getting HIV or other sexually transmitted disease than using a sperm bank where sperm is screened", she said.
The Queensland Council for Civil Liberties has condemned the politicians' response as "homophobic". According to the Gay and Lesbian Welfare Association, however, the state government probably will not legislate against lesbians using sperm banks since that would require the removal of references to sexuality from existing anti-discrimination laws.
The Brisbane International Women's Day collective has responded by calling for full access for lesbians to free, safe fertilisation services, a demand that will be raised at the IWD march and rally on March 8.