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Sex binary no longer applicable in Australian registries

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Vitaphone Racing
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Sex binary no longer applicable in Australian registries

Postby Vitaphone Racing » Fri May 31, 2013 6:24 am

Tall, androgynous and decked out in a rainbow T-shirt, Norrie looked a little out of place among the dark-suited solicitors.

As the 52-year-old sexual equality campaigner later quipped, ''there's not that many of us 'odd bods' around''.

In an Australian first, the NSW Court of Appeal on Friday gave people who do not identify as male or female formal legal recognition.

It overturned a ruling that everyone must be registered as a man or a woman with the registry of births, deaths and marriages. Previously this right was restricted to passports.

It is also likely to be drawn upon as a guide for cases interstate.

''This is the first decision that recognises that 'sex' is not binary - it is not only 'male' or 'female' - and that we should have recognition of that in the law and in our legal documents,'' said Emily Christie, one of Norrie's solicitors, from DLA Piper.

The Human Rights Law Centre's Hugh de Kretser said the court's decision would be ''persuasive'' in legal disputes in other states. ''Agencies, non-government organisations will be looking to apply this more broadly than just in NSW,'' he said.

In 2010, Norrie, who identifies as neuter and uses only a first name, became the first in NSW to be neither man nor woman in the eyes of the government with a formal ''sex not specified'' registration.

But four months later the registry wrote to Norrie, saying the change had been ''issued in error'' and was invalid.

''It was completely unproblematic for a month - the world didn't collapse, the sky didn't fall in, human life continued,'' Norrie recalled.

''Then it was on the front page and they suddenly said: 'Oh, no, we couldn't possibly do that!'''

Norrie appealed the decision to the Administrative Appeals Tribunal, but the case was dismissed.

Norrie then went to the Court of Appeal, where the three-judge appeal panel unanimously declared that ''as a matter of construction … the word sex does not bear a binary meaning of 'male' or 'female'''

The matter has now been sent back

to the Administrative Decisions Tribunal which must decide on a sexless designation.

The decision has both symbolic and practical significance.

Unlike passports, which currently allow for someone to declare their sex as ''X'', registry documents such as birth certificates are ''cardinal documents'', meaning they create a person's identity. They are thus recognised by government departments, courts and other legal authorities.

Though the decision only applies directly to those such as Norrie who have had sex affirmation surgery (previously known as sex change surgery) it has potential implications for many others, including babies born with ambiguous genitalia.

The decision also comes as the federal government prepares to pass a law that would protect lesbian, gay, transgender and intersex people from discrimination on the basis of their sexuality for the first time.

Record-keeping is exempt from the bill in its current form. Ms Christie said it was too soon to tell what would happen but the judges had considered the flow-on effect of their decision on other legislation.

Transgender Victoria spokeswoman Sally Goldner said the ruling was a ''step in the right direction''.

''From a point of view of transgender people, in particular, it does recognise the fact that people's sense of identity can be neither male nor female and that we don't have to fit everyone into one of two dot points because simply people are not one of two dot points,'' Ms Goldner said. ''This ruling does respect the reality of gender diversity and that's a good thing.''

The world's first intersex mayor, Tony Briffa, said while the decision was a ''good step'' for people like Norrie who are androgynous or neuter, there were still questions about how the ruling would affect intersex people who are both male and female.

''Of course this decision is a good step for people like Norrie … but I have to consider the decision a bit further before I can determine how it will apply to intersex people,'' the Hobsons Bay councillor said.

''This decision presumably says that you can either be male, female or nothing,'' Cr Briffa said. ''I'm an intersex person. I'm not nothing. I am a combination of male and female and the registrations should be accurate and give someone like me the right to have our birth certificates reflect our sex as male and female. We shouldn't have to choose which one we are because that's impossible and it's not accurate.''

Norrie said the decision recognised that not all people were ''unambiguously male or female''. ''I know there's not many of us, but the law has to be for everyone.''

Read more: http://www.theage.com.au/national/pleas ... z2UsN8owuu


Not sure how many places around the world have made a similar ruling but, given Australia's backwards stance on things like gay marriage, it's pleasing to note Australia is moving away from traditions into what really exists in the present.

This is just a small step, It's only applicable in NSW, it doesn't remove the sex binary completely from Australian society and only applies to post-surgery cases, but at the least it's showing the Australian government no longer recognizes only two sexes.

Thoughts NSG?
Last edited by Vitaphone Racing on Fri May 31, 2013 6:25 am, edited 2 times in total.
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Blekksprutia
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Postby Blekksprutia » Fri May 31, 2013 6:26 am

I guess that's good.
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Ifreann
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Postby Ifreann » Fri May 31, 2013 6:27 am

Cool, good on NSW.


Now if you'll excuse me, I have to batten down the hatches. There's a shitstorm a-comin'.
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Postby Blekksprutia » Fri May 31, 2013 6:30 am

Oh yes, inb4 all hell breaks loose with the conservatives.
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Postby Olivaero » Fri May 31, 2013 6:32 am

Excellent! Very happy for this person and for all the other gender Neutral people in NSW. The only party that's really looking for this here in the UK at the moment is the Greens but hopefully this judgement gives this issue some more air time and makes us one step closer to a non binary Gender society!
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Postby Lunatic Goofballs » Fri May 31, 2013 6:32 am

Somehow, this has to be Prince's fault. :unsure:
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Postby Blekksprutia » Fri May 31, 2013 6:33 am

Lunatic Goofballs wrote:Somehow, this has to be Prince's fault. :unsure:

Don't you know? Everything is Prince's fault.
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Zott: I see our Blekky has discovered the joys of amphetamines.
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Veccy: you're the worst blekky
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Postby Zammora » Fri May 31, 2013 6:33 am

*Sigh*

This is just plain ridiculous......
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Postby Lunatic Goofballs » Fri May 31, 2013 6:33 am

Blekksprutia wrote:
Lunatic Goofballs wrote:Somehow, this has to be Prince's fault. :unsure:

Don't you know? Everything is Prince's fault.


I thought that was Obama/Bush?
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Postby Olivaero » Fri May 31, 2013 6:33 am

Zammora wrote:*Sigh*

This is just plain ridiculous......

Nope, not really.
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Postby Luziyca » Fri May 31, 2013 6:34 am

Congratulations, Australia!
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Blekksprutia
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Postby Blekksprutia » Fri May 31, 2013 6:34 am

Lunatic Goofballs wrote:
Blekksprutia wrote:Don't you know? Everything is Prince's fault.


I thought that was Obama/Bush?

Aren't Bush and Prince the same person? :blink:
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Founder of Kotturheim, home to my GAY POLECATS, who are TOO FABULOUS FOR YOU.
Arg: Blekk does that. The topics of same sex marriage and the human race's fight against idiocy motivate him to write some truly impressive and glorious rants that deserve to be remembered and sigged.
Zott: I see our Blekky has discovered the joys of amphetamines.
Horus: blekky you are blekky i am horus
Rio: Blekky you are the best person on this website. Figuratively, kiss me.
Blekky is like a bunny. He looks adorable, yet he might bite you till it hurts.
Veccy: you're the worst blekky
The Balkens: Blekk does that, he has been taught by NSG's greatest practitioners of Snark to Snark combat.
Napki: Marry me, Blekk
Aeq: Blekk, you are Jesus!!!

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Postby Diopolis » Fri May 31, 2013 6:36 am

Olivaero wrote:
Zammora wrote:*Sigh*

This is just plain ridiculous......

Nope, not really.

Yes really.
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Postby Rocopurr » Fri May 31, 2013 6:36 am

Grab an umbrella, everyone, a shitstorm is due.
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Postby Ifreann » Fri May 31, 2013 6:38 am

Blekksprutia wrote:
Lunatic Goofballs wrote:
I thought that was Obama/Bush?

Aren't Bush and Prince the same person? :blink:

I've never seen them in the same room....well, aside from his time with this prince.
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Postby Lunatic Goofballs » Fri May 31, 2013 6:39 am

Blekksprutia wrote:
Lunatic Goofballs wrote:
I thought that was Obama/Bush?

Aren't Bush and Prince the same person? :blink:


God, I hope so. :)
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Olivaero
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Postby Olivaero » Fri May 31, 2013 6:39 am

Diopolis wrote:
Olivaero wrote:Nope, not really.

Yes really.

Nah. Adding an extra option on forms and recognizing people who do not identify as female or male a man or a woman does not do any one any harm at all. Unless you mean it was ridiculous that some one had to get a legal ruling to allow them to officially do this in which case you are correct it was ridiculous.
Last edited by Olivaero on Fri May 31, 2013 6:43 am, edited 1 time in total.
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Postby Forster Keys » Fri May 31, 2013 6:40 am

Good work.
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Postby New Britannia of America » Fri May 31, 2013 6:41 am

Blekksprutia wrote:Oh yes, inb4 all hell breaks loose with the conservatives.

no, u

I'm actually happy discrimination is coming to an end.
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Postby Khadgar » Fri May 31, 2013 6:45 am

Ifreann wrote:
Blekksprutia wrote:Aren't Bush and Prince the same person? :blink:

I've never seen them in the same room....well, aside from his time with this prince.


Open mouth kissing, clearly not just a chaste peck. That dirty boy.

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Postby Tsuntion » Fri May 31, 2013 6:46 am

Zammora wrote:*Sigh*

This is just plain ridiculous......


Sometimes infants are born with ambiguous genitalia (they are said to be intersex). When this happens, surgery may be done to "correct" their genitals so that they are easily classifiable as either male or female. However, doctors sometimes make an ambiguous child into a boy when they're really a girl, or vice versa. Allowing a non-binary classification means that there might not be such a push to give these children "corrective" surgery, so they can have it later in life when it won't be done wrong. This saves money and heartache. Why is it a bad thing?
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Postby Lunatic Goofballs » Fri May 31, 2013 6:47 am

Ifreann wrote:
Blekksprutia wrote:Aren't Bush and Prince the same person? :blink:

I've never seen them in the same room....well, aside from his time with this prince.


Yay! :)
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Postby Khadgar » Fri May 31, 2013 6:47 am

Tsuntion wrote:
Zammora wrote:*Sigh*

This is just plain ridiculous......


Sometimes infants are born with ambiguous genitalia (they are said to be intersex). When this happens, surgery may be done to "correct" their genitals so that they are easily classifiable as either male or female. However, doctors sometimes make an ambiguous child into a boy when they're really a girl, or vice versa. Allowing a non-binary classification means that there might not be such a push to give these children "corrective" surgery, so they can have it later in life when it won't be done wrong. This saves money and heartache. Why is it a bad thing?


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Lyassa and Nairoa
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Postby Lyassa and Nairoa » Fri May 31, 2013 7:01 am

:palm:
What would you expect from one of the Bee Gee-st, most republican, gayest States of the Commonwealth ?

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Threlizdun
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Postby Threlizdun » Fri May 31, 2013 7:04 am

Great, it's wonderful to see progress being made.
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