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Australia refuses to recognise married transsexual

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Reader comments

  1. This is a very stupid article, and comments being made by Australian court – They don’t understand the basics of a legal marriage contract. Though Australia does not have policy on “same sex marriage”, that does not enter into this – As a legal commitment at the time of marriage, the couple entered into an agreement as a man/woman – The courts and the state have NO jurisdiction on this, as by law of which they were married at the time was accurate to the laws of the state, a marriage between a man and a woman – The state cannot legally interfere in this couples legal recognition of marriage.Such a stupid thing, and any good lawyer knows this –

  2. what a thoroughly nasty bigotted establishment the Aussies have – even worse than ours. So much for western liberal secular democracy. Should we coninue to recognise their marriages if they won’t recognise our CPs?

  3. Grand-Duchy of Luxembourg is by no way better !!!! I am transitionning. After GRS, if it becomes to be known officially, I even risk forced divorce !! Civil Partnership exists, but no same sex marriage. Modifying gender and name only possible after divorce and it takes VERY long to get it, if ever. I travel with a female photo on passport with birth gender and name. Not so funny at all.

  4. I’m in a similar situation. I was born in the UK, am married, but a UK Interim GRC has no effect under Australian Marriage Law. Moreover, neither is a “friendly divorce” possible, there must be complete separation for 12 months. No having coffee together for example, and the parties must swear there is no chance they can ever live together again in any form of relationship. Until May this year, transgendered people were denied passports completely. “Transgendered” meaning even post-ops who could not get their documentation changed, as well as the usual CDs, TVs etc. Now TS people can get passports, but only in the gender of their Australian BC.BCs are issued by the States and Territories – like countries in the EU – while marriage is a Federal matter – like EU law. When the Australian Capital Territory passed legislation allowing Civil Unions on the UK model – and allowing changes of BC to those who are married – the Federal Government vetoed it using emergency reserve powers only ever used once before in history.Australia is, in general, possibly the most trans-friendly society in the world. The problem is that governments at both state and federal level, and bi-partisan, are beholden to either conservative Irish Catholic socialists on the Left, or a Christian Taliban cult (the Exclusive Brethren) on the Right.

  5. apYrs – probably not. The Australian concept of marriage is wholly different from the UK one. The mere fact that one or both partners transition has zero effect, it is a nullity. There is no concept of a civil union as an alternate. Such a marriage-like alternative is anathema.Unlike Luxembourg, where the marriage would be forcibly dissolved, marriage here is deemed so sacred that the sexes of the partners once married are irrelevant. It is thus denied to all but conventionally heterosexual couples when contracted, the others being deemed unworthy. Changes after the marriage is contracted don’t signify, and only true, irretrievable breakdown of anything resembling friendship – with witnesses required to attest to that – is a ground for divorce.

  6. Jaye Newland 25 Sep 2007, 12:16am

    I live in Australia, i have no respect for people in power who do not have respect for people.I hope PM Howard is given the boot at the coming election.

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