Transgender discrimination is sex discrimination?

Attorney-General Michael Cullen has released a legal opinion from the Solicitor-General on transgender discrimination and the Human Rights Act [PDF]. The issue never having been tested in New Zealand courts, the opinion reviews overseas cases from the UK, US, Canada and South Africa, all of which have dealt with transgender discrimination under existing provisions barring discrimination on the basis of sex. The Solicitor-General concludes that "these decisions will be influential on New Zealand courts", and that therefore

there is currently no reason to suppose that "sex discrimination" would be construed narrowly to deprive transgender people of protection under the Human Rights Act.

This pretty much obviates the need for Georgina Beyer's Human Rights (Gender Identity) Amendment Bill, except for one issue: human rights laws aren't just there to give courses of action in court, but also to signal to the public that discrimination is unacceptable. A clear statement of law protecting the trans-community is preferable to one buried in precedent and government legal advice. Of course, saying that is probably "political correctness"...

Update: Beyer has responded and announced that she will be withdrawing her bill. Face-saving all round...