Calls to end forced divorce for trans partners in Australia

Calls to end forced divorce for trans partners in Australia

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“The ACT and South Australia have both repealed their transgender forced divorce laws without the sky falling in,” he said.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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One response to “Calls to end forced divorce for trans partners in Australia”

  1. It is the fucking 21st century and I am a 21 year old cisgender gay man currently who works for the NSW government pays taxes and works bloody hard – who thinks that in NSW both euthanasia and abortion should be legalized within the state and that birth certificates, drivers licence’s and federal marriages should be gender-neutral to recognise not just gay people, but also both intersex and trans* people! I am currently dating a trans* guy and these laws in Australia and within NSW are a total international embarrassment and a complete disgrace! No wonder why Australia is well known now around the western world as bigots island! In 2019 vote 1 Greens! I am thinking of moving to Norway! In Norway, Ireland, Denmark, Belgium, Iceland and soon Luxembourg both intersex and trans* people have “self determination laws”! That means no forced divorces, forced sterilisations, judges approval, sexual reassignment surgery is required at all!