Australia confirms the existence of a “non-specific” sex

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Australia confirms the existence of a “non-specific” sex

(Blogmensgo, gay blog April 13, 2014) The High Court of Australia confirmed, April 2, 2014, that any person considering himself nor woman neither man had the right to administratively a kind "non-specific". This judgment of the highest Australian jurisdiction could apply to the entire federal territory.

Judgment of the High Court: all | conclusions in PDF , RTF (Judgment made ​​by the Chief Justice and judges French Hayne, Kiefel, Bell and Keane, after hearing three hours of March 4, 2014)

The case began in 2010 when Norrie (see above video interview, March 8, 2012 ) has requested and obtained from the register of civil status of New South Wales that his identity be accompanied by an 'unspecified' sex. We had discussed the history of Norrie when, four months later, the government of New South Wales have backtracked and private Norrie its "gender neutral." Norrie was 48 years and was previously called Norrie May-Welby (Norrie May Wellbeing). This person born man underwent sex reassignment surgery, but then feel more comfortable in a woman's body than in a man. The physical appearance of Norrie is perfectly androgynous.

Norrie has appealed to the Administrative Court of New South Wales. After losing in the first instance, Norrie has appealed. "The word sex is not limited to the binary meaning of" male "or" female "," according to the judgment of the Court of Appeal made unanimously by three judges.

The register of civil status of New South Wales has brought the matter before the High Court of Australia , with the main argument that the creation of a third category of sexual identification could create confusion unacceptable.

The judgment of the High Court of Australia states that Australian law on marriage is "the main - perhaps the only - where the sex of the parties regarding the establishment of a relationship effective legal significance."  The court was referring to its judgment of 12 December 2013 which cancels the law on gay marriage in the Federal Capital Territory .

"Most often, says the supreme court, the sex of the individuals involved has nothing to do with their legal relations. "And the five judges to" consider unanimously that the 1995 law on the registration of births, deaths and marriages [New South Wales] authorizes the register of civil status to mention that sex a person is "non-specific", "that is to say incapable of being specified.

However, the High Court refused to impose the creation of an administrative type name "intersex" or "transgender" as called Norrie. Although the court states in its decision, the fact that New South Wales has approved an amendment in 1996 that confirms the existence of people of indeterminate gender, shows that "the sex of a person is not [...] in all cases and unequivocally male or female. " The Supreme Court ordered that the New South Wales make up a "non-specific" genre on Vital Norrie documents.

The judgment of the High Court of Australia is required in New South Wales and could set a precedent in other states and territories in Australia.

The Federal Capital Territory no longer requires people since March 2014 to be identified as a man or woman. In addition, the change in the type "administrative" there is subject to a sex reassignment surgery.

As for Australian passports, since September 15, 2011 they left their holder the free choice of sex between male, female or X (unknown).

This article has been translated from our French blog, to view the original, click here.

Philca / MensGo (via any Australian Press April 2, 2014, including The Sydney Morning Herald [comprehensive] and The West Australian [more succinct])

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