The issue in Australia (apart from general transphobia and homophobia) is that while the States are responsible for Births and Deaths, it's the Federal Govt that's responsible for Marriages (which are administrated by the States on its behalf).
This means that though reassigned gender may be recognised on a State basis, there is no such compulsion to do so on a Federal level, and without a proper inclusion in legislation, a "straight" marriage between a trans person and their partner may or may t be legal. In the absence of legislation it tends to be a hit and miss affair in the courts, which may be either State or Federal.
Also of course, Intersex persons might not be allowed to marry under the current (and recently revised) Marriage Act, as it now states that "Marriage is between a man and a woman" (and Intersexed may be both or neither).
Not sure about genderqueer. That's new territory for me.
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Re: The problem
Date: 2010-08-16 04:54 pm (UTC)This means that though reassigned gender may be recognised on a State basis, there is no such compulsion to do so on a Federal level, and without a proper inclusion in legislation, a "straight" marriage between a trans person and their partner may or may t be legal. In the absence of legislation it tends to be a hit and miss affair in the courts, which may be either State or Federal.
Also of course, Intersex persons might not be allowed to marry under the current (and recently revised) Marriage Act, as it now states that "Marriage is between a man and a woman" (and Intersexed may be both or neither).
Not sure about genderqueer. That's new territory for me.