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RE Kevin and the right of transsexual persons to marry in Australia

McConvill, James and Mills, Eithne 2003, RE Kevin and the right of transsexual persons to marry in Australia, International journal of law, policy and the family, vol. 17, no. 3, pp. 251-274, doi: 10.1093/lawfam/17.3.251.

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Title RE Kevin and the right of transsexual persons to marry in Australia
Formatted title Re Kevin and the right of transsexual persons to marry in Australia
Author(s) McConvill, James
Mills, Eithne
Journal name International journal of law, policy and the family
Volume number 17
Issue number 3
Start page 251
End page 274
Publisher Oxford University Press
Place of publication Oxford, England
Publication date 2003
ISSN 1360-9939
1464-3707
Summary This article considers the decision of the Family Court of Australia in Re Kevin (Validity of Marriage of a Transsexual) [2001] FamCA 1074, which was upheld by the Full Court of the Family Court of Australia in February 2003. Re Kevin was the first case in Australia to deal directly with the question of whether a transsexual person could marry under Australian law. In the past, Australia had adhered to the judgement of Ormrod J in Corbett v Corbett [1971] P. 83, which set the benchmark for what is ‘male’ and what is ‘female’ under the common law. Prior to Re Kevin the question of what is a man and what is a woman for the purposes of marriage in Australia mirrored the strict biological test established in Corbett. In other words, the Australian courts relied upon biological factors, as espoused by Ormrod J, when determining a person's true sex. In Re Kevin, Chisholm J examined in detail what it is to be a man or woman, but unlike Ormrod J considered ‘brain sex’ to have a significant impact on a person's view of their own innate sexual identity. The Full Court of the Family Court agreed with the powerful and well-reasoned judgement of Chisholm J at first instance.
Language eng
DOI 10.1093/lawfam/17.3.251
Field of Research 180113 Family Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Oxford University Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002277

Document type: Journal Article
Collection: Law
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