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Can transsexual folk get married?
I was chatting to friends today about gay marriage and was asked if couples can get married if one or both is TS. I was not sure so I said that I would ask.
I assume that one would have to have had SRS and a change of birth certificate but what is the state of affairs in Australia today? -
4 Replies
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Hi,
Tho im not a transsexual , being I S i can because i am a female / woman , legal yes birth is female at birth, so yes i can get married, & if i live in Austraila yes i can as well & no ?s would be asked,
Would i is another matter, i dought i will .
Now you can have a civil union that covers same sex & registered partnerships,
Performed in some jurisdictions Austraila, A C T , N S W ,Q L D, T A S , V I C,
As an aside i did ring about being on the pension about 3 year ago & as a woman i would have been able to 2 years ago age being 63, for women men at the time was 65,
Unregistered cohabitation ,is another,
Tho you would need to ask birth deaths & marrage dept, to make sure,
My info could have changed since then, any way
…noeleena…
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This is how I understand the situation currently in Australia: The federal Government does not recognize same sex marriages and all the legal implications that a marriage has.
What does this mean for Gender Diverse people?
Currently (except for Australian Passport Applications) the Australian government determines sex by genitalia in most cases. Basically it is what is written on a birth certificate. So if 2 people have different sex listed on their birth certificates, they can become married, if not, they cannot.The situation comes up for Gender Diverse people in where when a legally married couple, one transitions including all the surgeries. Currently that person cannot change their birth certificate if they are married, as that would be then a ‘same sex marriage’.
Australia is so backward in recognizing same sex marriages: Many very religious countries, like Argentina, Brazil already do.
By not recognizing same sex marriage, and all the legal implications, The Australian Government discriminates.
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Dear Christina,
YES. Thanks to John HoWARd & Phillip Ruddock, I am able to marry a man, just like any woman may
In the Case of ‘Re Kevin” (2001), Solicitor Rachael Wallbank applied to the Family Court to have recognised the marriage of “Kevin”, a F2M man, to his wife, Jennifer. Justice Chisholm agreed that Kevin was legally recognised as male & the marriage was valid. This was a world first & the judgement has subsequently been used in other jurisdictions
The Federal Attorney General than appealed this decision to the Full Bench of the Family Court who unanimously upheld the decision of Justice Chisholm
http://www.nswccl.org.au/unswccl/issues/transexual.php#theAppeal
Phillip Ruddock stated his intention to appeal this decision further, to the High Court of Australia. Subsequently, John HoWARd chose to follow the actions of his pin-up Geo. Dubya, & amended the Marriage Act, codefying a marriage as being between a man & a woman. This led to Ruddock dropping his plans to appeal the Full Bench of the Family Court ruling.
I then wrote to Johnny who asked Ruddock to write to me & confirm that I could marry in my legal gender. This personally signed correspondence is carefully filed.
Now, in WA, we have several F2M men seeking to challenge the definitions & requirements of changing gender, i.e., sterilisation, which is an interesting area of debate & ongoing.
If you’re able to have your Birth Certificate corrected to state your true gender, then you may legally marry in that gender.
If you are legally married in your previous gender, in NSW (& all juristictions, as far as I know), you may not change your gender on your birth record, unless you first divorce. This is also another issue being challengedFor me, even though it is highly unlikely, it’s nice knowing I have the same right as any other woman, to marry a man.
Hope this clarifies things
Blessings
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Hi, many thanks for those concise posts. I shall pass on my new found information.
