Today legislation is being tabled in South Australia, Tasmania and New South Wales to abolish laws required married couples to divorce if one partner which to change their legally recognized gender.
As the law currently stands, almost all Australian states and territories have established legislation that prevents the recognition of a gender reassignment when that person is married. This means that some couples where one partner is transgender must divorce before the transgender partner’s gender can be officially recognized. The only state that does not have such legislation in place is the Australian Capital Territory.
The Commonwealth Marriage Act requires marriage must take place between a man and a woman, but there is nothing in the Act that stipulates that that union must end should one of those people choose to legally change their gender.
Couples forced to divorce may have to perjure themselves by declaring an ‘irretrievable breakdown’ of their marriage in court, and the Sex Discrimination Act of 1984 prohibits discrimination on the grounds of marital status in a range of areas in public life.
New Zealand, Canada, Lithuania, Germany, Austria, the Netherlands and a number of US states do not require a transgender person to be unmarried to have their change of gender recognized.
The Australian legislation will be be introduced today in NSW by Greens MLC, Mehreen Faruqi, and Independent MLA, Alex Greenwich, in South Australia by Greens MLC, Tammy Franks, and by Greens MHA, Nick McKim, in Tasmania.
Australian Marriage Equality has called on Australia’s remaining states and territories to follow suit with similar legislation. The organisation’s national director Rodney Croome said:
“These laws are cruel to transgender Australians and their partners, and demeaning of the solemn marriage vows these couples have made.
“Being married is something which can sustain a relationship through the gender reassignment of one of the partners, yet here we have the government forcing an end to that marriage.
“All those MPs who have expressed support for marriage as an institution should support the removal of these laws because it is about keeping married couples together.”
Tasmanian transgender advocate Martine Delaney welcomed the legislation:
“Any one who believes in marriage and in keeping couples together should oppose this cruel and unnecessary provision.” she said in a statement.
“If my late wife was still alive, Tasmanian law would force us to divorce even though we made the decision to stay together despite my gender reassignment.”
“No-one should be forced to choose between the official recognition of their marriage and the official recognition of their gender.”
Sophie Joske. Image: YAY Media
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