A COMMITMENT to review and repeal laws in Tasmania that “discriminate” against transgender and gender-diverse individuals has been described as “well overdue”.
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During budget estimates on Thursday Attorney-General Elise Archer confirmed the Tasmanian government would review its laws that force transgender individuals to divorce their spouses.
Under the Births, Deaths and Marriages Act, married transgender individuals who had gender-changing surgery cannot change the sex on their birth certificates unless they divorce their spouses.
The same law prevents a transgender person from changing the sex on their birth certificate unless they have gender-changing surgery.
Transgender Tasmania spokesman Avery Roddam said the laws were discriminatory.
“When one spouse has transitioned, the law essentially says that their marriage is null and void,” Mr Roddam said.
“Couples often separate when someone transitions, there are a lot of complicated changes happening, so when couples do stay together the thought of them being forced to divorce when they are in love and have remained strong together is horrible.”
Mr Roddam suggests transgender individuals should be able to change the sex on their birth certificate after they receive a gender dysphoria diagnosis.
“It is discriminatory because it says ‘we are not going to recognise your preferred gender unless you have this surgery’. But a lot of people can’t have the surgery for various reasons ... it is really invasive.”
Mr Roddam said he was still collecting paperwork to change the sex on his birth certificate six months after his own top-surgery, and that hidden expenses continued to rise.
He said the inability to change the sex raised unwanted questions when applying for jobs, and led to forced invasions of privacy.
He added there are variances in policy between government departments, for instance Medicare recognised him as a male, but Centrelink requires birth certificate identification and does not.
All states and territories in Australia are required to amend their laws relating to this issue as part of changes to the Marriage Act, and if they do not, the federal government will act.
