The Northern Territory parliament has passed laws to removed forced divorce requirements for people wishing to have their gender change recognised.
The move leaves Western Australia and Tasmania as the only jurisdictions in Australia that still requires transgender people who are married to seek a divorce prior to gaining a gender change recognition certificate.
When the federal government changes the marriage laws to allow same-sex marriage states were given 12 months to bring their laws into line with federal legislation. If the laws are not changed by 9th December the state government would be open to legal challenges on the basis of discrimination in the High Court.
Western Australia’s legislation passed the lower house last week after a prolonged debate that lasted several weeks. The legislation is now before the upper house. There are only three days remaining where the upper house will be sitting and transgender rights advocates are hoping the issue will be dealt with within the short time frame.
In Tasmania the government has delayed further discussion on the bill until parliament resumes next March. Meaning the state’s laws will not be compliant with federal legislation. The laws were not passed by the state’s upper house because of opposition to additional amendments that would see changes to the way birth certificates and gender reassignment were recognised.
In the Northern Territory, alongside the removal of the marriage status requirement, the government has also removed the requirement for people to have surgery before their new gender can be recognised. Western Australia changed these laws many years ago.
Members of the Northern Territory’s LGBTIQ+ communities have welcomed the passage of the legislation. Stephen Kerry, a member of LGBTIQ+ rights group Rainbow Territory, said the change of laws would see people being recognised for the first time.
“Being Territory born and bred is a source of pride for many. The birth certificate is a key source of truth for this. By updating these laws we are recognising another truth, that Territorians who are intersex or transgender exist and have always been part of the fabric of the Territory.” Kerry said.
Rosalina Curtis, a Central Islander Sistergirl from Alice Springs, is thrilled that she’ll be able to change her legal gender to female on her Northern Territory birth certificate.
“The Territory is known as a live and let live place. Updating these laws shows the Territory is big enough to be inclusive of all Territorians, regardless of the sex and gender of a person,” Curtis said.
“I feel very excited about the bill being passed. Now I am able to be recognised as my preferred gender on my birth certificate. I’m very happy for these new changes.”
“It would mean a lot to me to change my birth certificate, because I wouldn’t have to justify myself being transgender. I can now apply to be legally recognised as female. This will help me with gaining employment and to be recognised for who I truly am,” she said.
The government has also made amendments to the laws regarding birth certificates allowing people to identify as non-binary or non-specific in relation to gender.
Jane Black from Rainbow Territory said updates to these laws were long overdue, noting that they last time they were amended was when The Adventures of Priscilla, Queen of the Desert was in the cinemas.
Lee Carnie, the Senior Lawyer for the Human Rights Law Centre, welcomed the changes saying it was great to see states and territories finally catching up and delivering marriage equality for all.
“Your birth certificate is the first document you’re given, you should be able to change it to reflect who you are. But up until now, married Territorians would need to get divorced if they wanted identification documents that matched who they are.” Carnie said.
The decision to allow people as neither male or female drew an angry response from Sky News host Paul Murray who described it as the “we’ll get back to you” category.
Murray said a statement from the Northern Territory’s Attorney General Natasha Fyles who said the laws needed to be changed as a consequence of the changes to federal marriage laws was inaccurate and Australians had not voted for a third gender to be allowed.
“This is going to be a seismic change in the debate about religious freedom and about where to next about how we can ensure that two blokes being allowed to marry or two sheilas being allowed to marry is as far as that change went.” Murray said.
Murray said he was not opposed of adults option out of the “boy / girl” system but drew the line at people being allowed to change their official documents.
