EQUALITY advocates have urged Australia’s state governments to repeal laws forcing married trans partners to divorce if they want their birth certificate to reflect their gender.

The call comes in the wake of a landmark United Nations decision upholding the right of a trans Australian to remain married under federal law and have her NSW birth certificate amended.

“State and territory governments should immediately repeal their laws forcing married couples to divorce if these governments wish to be seen as respecting Australia’s human rights obligations,” said just.equal spokesperson and marriage equality advocate Rodney Croome.

“As the UN has pointed out, it makes no sense for Australia to issue passports that reflect true [gender], but not issue birth certificates in the same circumstances without the onerous prerequisite of divorce.

“It is cruel to make transgender partners choose between their gender identity and their solemn vows of lifelong commitment.”

Mr Croome dismissed concerns from the NSW and federal governments that a repeal of forced divorce laws would create an unacceptable conflict with the federal Marriage Act, which does not allow same-sex couples to marry.

“The ACT and South Australia have both repealed their transgender forced divorce laws without the sky falling in,” he said.

NSW, Victoria, Tasmania, Western Australia, Queensland and the Northern Territory all require married partners to divorce if one partner transitions and wants their true gender reflected on their birth certificate.

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