The gender diverse folk of Western Australia have a pretty raw deal at the moment.
Did you know that in order for a transgender person to begin a case of discrimination regarding identity, they must have a gender recognition certificate?
But why would someone want to start a case for discrimination, I hear you ask.
Well there are a number of issues that still face the transgender community while they are transitioning: which toilet will you use at your workplace or how will you travel with a passport that reads one sex while you look like another.
These problems are still very real; one source explained at a previous place of employment, his employer said he would inform the company positively of his transitioning but he would have to continue to use the ladies restroom.
Or perhaps you would like to make a complaint against the state who denied you a gender recognition certificate?
At the moment, if you are denied a gender recognition certificate by the Gender Reassignment Board of WA, you can appeal the decision to the State Administrative Tribunal.
This is exactly what two transgender men in WA did just last year.
And they won. Hoorah!
There were cheers and celebrations all round until WA Attorney-General Christian Porter raced in on his white steed of ‘community standards’ and appealed the decision.
Fast-forward to last month and the certificates that these two transgender men had fought for and won were snatched away by the Supreme Court; thanks to yours-truly, Mr Porter.
Now, if you look on the Gender Reassignment Board website, its reads quite clearly ‘If your application to the Gender Reassignment Board is unsuccessful, you may be able to make an application for a review of its decision to the State Administrative Tribunal.’
Once again, this was the exact course of action that these men took and yet Porter stepped in anyway and appealed the decision.
Where’s that Batman signal when you need it?!
As for the Supreme Court’s ruling, they basically told these two trans* men they weren’t man enough where it counts.
Supreme Court Chief Justice Martin decided with a majority of two to one that this pair of WA men just weren’t big enough by ‘community standards’.
Keep in mind, both of them present themselves as men in appearance and have been on testosterone treatments for well over 4 years now.
These treatments have developed more masculine appearances; deepened their voices; menstrual cycles have ceased and they have experienced significant clitoral growth up to one inch.
Despite this, the final decision came down to the fact that while they did retain female reproductive organs, the ultimate decision rested on the ‘absence’ of male genitalia.
So what now for these two blokes?
Right now, they’re forming a case to go to the High Court of Australia since they cannot make a case of discrimination in WA, which is an enormous feat by any standards.
Now stay with me here, but wouldn’t it seem common sense that the people most in need of protection would be the ones who don’t have one of these certificates?
I mean, once you have this fanciful sheet of paper, you can change those pesky identity documents and more or less stop explaining yourself.
That’s probably too simplistic but it’s clear that there is a glaring problem with the system right now.
According to the EOC, WA is the only state left that doesn’t have protection measures for people transitioning genders.
Finally, it seems the irony of this situation must come as a double-whammy for these men; they cannot complain to the Equal Opportunity Commission about this injustice because they no longer have the Gender Recognition Certificate they once had.
Benn Dorrington
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