Anti-Trans Activists Rattled by NSW Graffiti Hate-Speech Laws

Anti-trans campaigners in New South Wales are raising the alarm on X that newly passed legislation—aimed at criminalising Nazi symbols—could limit their ability to publicly threaten trans people with violence. Under the amendments to the Crimes Act, inciting or threatening violence on the basis of “race, religion, sexual orientation, gender identity, or intersex or HIV/AIDS status” with graffiti would explicitly be considered a criminal offence.

While nothing has actually changed, beyond making it explicit that graffiti is covered in the laws, some TERFs are learning that it is a crime to threaten us with violence. They have some opinions about that.

What’s really going on here?

The amendment that Katherine Deves Morgan references actually just explicitly adds graffiti to the definition of “public act”, which makes threatening violence or inciting violence on the grounds of “race, religion, sexual orientation, gender identity, or intersex or HIV/AIDS status” with graffiti explicitly illegal.

The offence “publicly threatening or inciting violence on grounds….” is already an offence, and is not being introduced in this legislation.

To be absolutely clear, publicly inciting violence against trans people was already illegal, and given that Katherine Deves is a lawyer, it is reasonable to believe that she understands this, and was merely seeking to rile up her anti-trans fanbase.

However, the reactions to the news from the anti-trans fanbase appear to make it clear that they feel their rights are being infringed. With Sue Clarke, co-leader of the anti-trans “WomanUp” brisbane-based group, stating on X “They always sneak in legislation that will benefit the trans extremists.”

All in all, this is not surprising. Some of these same anti-trans activists rallied alongside neo-Nazis and far-right groups in 2023 at the Let Women Speak rally, which according to Victoria Police event reports was “supported” by neo-nazis. They’re calling it “unfair” because they feel they can no longer freely harass or incite violence against trans people without risking legal consequences.

Bigotry and hate speech—whether directed at Jewish communities, people of color, or trans folks—are cut from the same cloth.