ADVOCATES CALL FOR REPEAL OF TAS TRANSGENDER FORCED DIVORCE LAW AFTER LANDMARK U.N. RULING
Tasmanian LGBTI community advocates have urged the Hodgman Government to repeal a law forcing married transgender partners to divorce if they want their birth certificate to reflect their gender identity.
The call comes in the wake of a landmark UN Human Rights Committee decision upholding the right of a transgender Australian to remain married under federal law and have her NSW birth certificate amended.
Tasmanian Gay and Lesbian Rights Group spokesperson, Rodney Croome, said,
“The Tasmanian Government should move to repeal our law forcing married couples to divorce if it wants to be seen as respecting Australia’s human rights obligations.”
“As the UN has pointed out, it makes no sense for Australia to issue passports that reflect true gender identity but not to issue birth certificates that do the same without the onerous pre-requisite of divorce.”
“It is cruel to make transgender partners choose between being true to themselves and their solemn vows of lifelong commitment.”
“Anyone who supports the institution of marriage should support removing a law that forces couples to divorce.”
Mr Croome dismissed concerns from the federal government that repeal of forced divorce laws would create an unacceptable conflict with the federal Marriage Act which does not allow same-sex couples to marry.
“The ACT and South Australia have both repealed their transgender forced divorce laws without the sky falling in.”
NSW, Victoria, Tasmania, Western Australia, Queensland and the Northern Territory all require married partners to divorce if one partner transitions their gender and wants this gender identity reflected on their birth certificate.
Tasmania was the first state where legislation was tabled to remove transgender forced divorce. The legislation was introduced by then Greens’ Justice spokesperson, Nick McKim, in 2014.
For a news report on the UN decision: http://bzfd.it/2skTw4i
Rodney Croome, just.equal
