• Transgender Media

  HISTORIC HIGH COURT DECISION

  Posted by Anonymous on 06/10/2011 at 3:24 am

  CONSORTIUM OF TRANSGENDER & INTERSEX ORGANISATIONS WELCOME
  HISTORIC HIGH COURT DECISION

  Thursday, 6th October 2011: A consortium of organisations representing transgender and intersex
  people around Australia today welcomed the High Court of Australia’s decision to uphold the appeal of
  two trans men who challenged the interpretation of the West Australian Gender Reassignment Act
  (2001), saying that they hoped the decision would set a precedent for the way similar laws around the
  country would be applied.

  Sally Goldner, spokesperson for TransGender Victoria said “The High Court ruled that the law should be
  applied in a beneficial way that makes life easier, not harder for people, and therefore that there was no
  justification for requiring people to have costly and unnecessary surgeries in order to have their sex
  recognised.”

  Goldner added that the decision “is in line with the findings of the Australian Human Rights
  Commission’s Sex Files Report in 2009 which recommended that surgery should not be considered a
  necessary pre-requisite for the legal recognition of a change of sex.”

  Aram Hosie, spokesperson for the WA Gender Project said “Previously transsexual people in Western
  Australia, as in other parts of the country, have been unable to legally amend their sex without invasive,
  medically unnecessary surgeries that may be unwanted, impractical or unattainable.”

  “This has resulted in difficulties in proving ones identity on essential documentation, a loss of privacy,
  and the risk of exposure to discrimination, harassment and sometimes even violence.”

  Hosie added that “in Western Australia in particular, a person’s inability to legally amend their sex
  leaves them without any legal discrimination protections.”

  “The High Court’s decision will now make it much easier for transsexual people in Western Australia to
  obtain documentation that accurately reflects their identity and physical appearance. In turn, this will
  further help those same people to more easily obtain discrimination protection under West Australian
  law.”

  Peter Hyndal, spokesperson for A Gender Agenda said he hoped that the decision would “set a
  precedent about the way that laws governing the recognition of sex in Australian should operate, and so
  help make life easier for transsexual men and women in Western Australia and the rest of the country.”

  “To this end, we call on other State and Territory Governments around Australia to reflect the High
  Court’s decision in their interpretation and administration of the law and to act on the recommendations
  of the Australian Human Rights Commission Sex Files report” Hyndal added.

  “We would also like to acknowledge that this historic case would not have been possible without the
  generous pro bono support of Freehills. Freehills commitment to this case over more than three years
  demonstrates their support for human rights in Australia, and we are very grateful for their efforts. We
  congratulate AH and AB – and also people like Conor Montgomery in NSW – for their courage and
  determination in tackling unfair situations. They make a huge difference for the lives of many other
  people in standing up for what they believe.”

  – ends –

  Media Comment:
  Sally Goldner (TransGender Victoria) 0407 946 242
  Aram Hosie (WA Gender Project) 0403 317 618
  Peter Hyndal (A Gender Agenda): 0408 111 410
  Martine Delaney (Australian Coalition for Equality) 0417 530 621
  Gina Wilson (OII Australia) 0418 290 336

  The full high court decision is available online at: http://www.austlii.edu.au/au/cases/cth/HCA/2011/42.html

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