A political activist group, of which Governor-General Sam Mostyn is patron, told a court this week that a baby’s sex was not biologically fixed at birth and could be “liberally construed”.

Most normal mums and dads would disagree.

The LGBTQA+ lobby, Equality Australia, was intervening in Australia’s “what is a woman?” case in Sydney, where a biological man, Roxanne Tickle, is seeking hundreds of thousands of dollars from Gold Coast woman Sall Grover for “misgendering” him.

Tickle identifies as a woman and originally took legal action against Grover for kicking him off her women-only social media application, Giggle for Girls.

Grover lost in the Federal Court last year, but her appeal was heard this week before the full bench.

A judgement will likely take three to six months.

Counsel for Equality Australia Ruth Higgins SC told the court that the question of ‘sex’ “should be answered at the point in time when the alleged discrimination takes place and its meaning will reflect conventional conditions as they exist from time to time.”

That gobbledygook is code for if at any point in his life a man wants to be a woman he must not be discriminated against and must be allowed into all women’s private spaces and sports, or else.

That also applies to girls’ private spaces and sports.

Higgins said the Sex Discrimination Act (SDA), the law or legal statute of which Grover has been found to have breached by discriminating against Tickle, has moved beyond the idea that sex or gender is binary – that is male or female.

“Sex is a way of classifying people along a scale between a man at one end and a woman at the other, but as a matter of ordinary meaning, the statute is agnostic as to where persons are plotted along that scale,” Higgins said.

She told the court that under the SDA, “designation of sex is initially a social act performed by someone in respect of someone else based on certain anatomical markers”.

Reliance on biology involved “a false simplicity”, she said.

This is of course a slap in the face to every midwife, doctor, mum and dad present at the birth of a child where in 99.999 percent of cases there is absolutely no doubt about the meaning of the “anatomical markers” with which a baby is born.

When a midwife tells a mum “It’s a girl”, she is not performing a “social act” based on a “false simplicity”, she is telling the truth.

The Governor General, who should not be patron of any political lobby group, should be asked if she agrees with Equality Australia’s characterisation of babies.

But she won’t be asked because the media run a protection racket for LGBTQA+ political activists.

A group intervening on Sall Grover’s side, the Lesbian Action Group, made points that I and others have been making for 10 years – ever since the LGBTQA+ “Safe Schools” program started teaching school children their gender was fluid.

Counsel for the LAG, Leigh Howard, said the SDA allowed “biological boys to attend all-girls schools, or for biological boys to sleep in the girls’ dormitory, or for men to ­attend a lesbian party.”

He said the Parliament, under then Prime Minister Julia Gillard, did not intend for this to be the case when it amended the Act to make “gender identity” a protected attribute.

That may have been true for most Liberal and Labor politicians who all waved the change through without debate.

Back then, few politicians had the courage or the critical thinking skills to question the consequences of LGBTQA+ political activists like Australian Marriage Equality, now re-badged as Equality Australia.

But there’s no doubt, as EA’s arguments before the full bench yesterday prove, that the same-sex marriage activists knew exactly what they were doing.

Last week The Australian reprised information Family First revealed during the March budget – that EA had been granted a $4.5 million per year leg up from taxpayers through a political decision of the Albanese Government.

EA received Deductible Gift Recipient status in controversial circumstances after its application was rejected by the Australian Charities and Not for Profit Commission (ACNC).

The ACNC ruled that EA had a “non-benevolent purpose of engaging in advocacy to agitate for law reform and social change, and this purpose did not amount to benevolent relief to people in need”.

This raises serious questions about the Governor General’s involvement as patron of EA. The Governor General is supposed to be above politics.

It is clearly inappropriate for taxpayers to help fund a legal intervention designed to give “women” with penises access to girls’ and women’s spaces.

If EA is allowed DGR status, so too should the Australian Christian Lobby.

Both are political activist groups, but the Albanese Government has pulled strings so that one can be more equal than the other.

Assistant Treasurer Dr Andrew Leigh’s role in recommending to cabinet that Equality Australia be granted DGR status—despite earlier knock-backs by the ACNC, the Administrative Appeals Tribunal, and the Federal Court—raises serious questions about political interference in public administration.

Australians deserve answers about how and why those decisions were overruled.

It is highly inappropriate for the Governor-General to be patron of an organisation so clearly involved in political lobbying—especially one that advocates for controversial gender policies affecting children, including access to puberty blockers and medical transitions. These are deeply contested issues that should not be associated with a figure expected to remain above politics.

Prime Minister Anthony Albanese must advise the Governor General to resign as patron of EA.