Gender change recognition when still married

[Anonymous]

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Dear Jade,

Under the Constitution, marriage is a Commonwealth jurisdiction. Registration of Births and Deaths is the responsibility of the States.

Until the Federal government is willing to change it’s position with regard to same-sex marriage there is nothing you can do. The States would be in breach of the Constitution by tacitly recognising an ‘illegal’ union between 2 women.

I fully appreciate that you both may not wish to dissolve the marriage, but you will be unable to change your legal gender unless you formally end the marriage.

Sorry for being a wet blanket. We have many challenges.

Hugs
Christina

That was the policy under the Howard government. The law hasn’t changed but the policy interpreting it has: the federal government have said that our marriages remain valid, even after one of the couple later changes their sex, as long as the marriage was between a man and a woman at the time of the marriage.

However, it’s just empty words; you still can’t actually do it because none of the state or territory governments will let you change the sex on your birth cert without getting a divorce.

[Anonymous]

I understand the interplay of the Constitution and the Federal and State Laws that were changed in 2004 to prevent married transsexual people from obtaining a new birth certificate which showed not only their current name but also their correct sex without any disclosure of precious names and sex.

The only way this situation will change is through changes at the State Level to the RBDM and possibly at the Federal level as well.

I am having discussions with a friend who is a Human Right Lawyer since the 90s who is connected to others considering how to mount a campaign on this specifically from the Transsexual person’s point of view. I am also very lucky that my partner by marriage is 100% behind this cause and is willing to be completely open about our relationship and the obvious personal challenges that will be thrown her way in the media etc.

Unless we can change this the other forms of disclosure such as credit checks, Company Records are likely to remain as is.

On a positive not it is simply fantastic that the Californian Prop 8 banning same sex marriages was declared this week as unconstitutional! Its only round two and there is a long way to go!

Hey no one said transitioning was easy but life post SRS should not be this hard legally!

Jade

Moderator

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These postings have been split and moved because the connection with credit card checks is pretty thin!