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NSW: Individual can be registered as NOT male or female
In the news today is a decision by the NSW Court of Appeal that provides “Legal recognition for those who don’t identify as either ‘M’ or ‘F'” (SMH words not mine)
Pamela_R has also linked this news article which has the tag line
“Gender-neutral ruling in NSW court could have legal implications across Australia”http://www.abc.net.au/news/2013-06-01/gender-story/4727326?WT.svl=news2
As the case was brought by the NSW Registry of Births Deaths and Marriages I assume this landmark decision is fundamentally about sex (physical stuff) not gender (what’s in your head) – the right of individual to not be registered as male or female. So maybe the SMH journalist is closer to the mark!
The SMH reports that:
Quote:“This is the first decision that recognises that ‘sex’ is not binary – it is not only ‘male’ or ‘female’ – and that we should have recognition of that in the law and in our legal documents,” one of Norrie’s solicitors, Emily Christie from DLA “and also
Quote:strictly the decision only applies to those such as Norrie who have had sex affirmation surgery (previously known as sex change surgery)…..I’m guessing because after such surgery your body is neither phsycially 100% male nor 100% female.
Quote:….it has potential implications for many others, including babies who are born with ambiguous genetalia, and people who do not identify as male or female despite having physical characteristics of a man or a woman.That is probably the interesting future development for those of us who don’t associate with the binary.
But before you get out the bubbly – note that
Quote:the NSW Attorney General is seeking legal advice on the decision.– a High court appeal perhaps?
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2 Replies
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Wow. Incredibly important.
I wonder what this means for the Marriage Act. Currently M+W is OK but same sex isn’t. How about M+? or W+?. Does ? get the benefit of the doubt? -
Quote:I wonder what this means for the Marriage Act.That’s why I wouldn’t rule out a high court appeal!
