More? You want more?..of course I do! Transsexualism and birth certificates-changing records or attitudes?

Gurney, Karen 2005, More? You want more?..of course I do! Transsexualism and birth certificates-changing records or attitudes?, Flinders journal of law reform, vol. 8, no. 2, pp. 209-233.

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Title More? You want more?..of course I do! Transsexualism and birth certificates-changing records or attitudes?
Author(s) Gurney, Karen
Journal name Flinders journal of law reform
Volume number 8
Issue number 2
Start page 209
End page 233
Publisher School of Law, Flinders University of South Australia
Place of publication Adelaide, S. Aust.
Publication date 2005-09
ISSN 1325-3387
Summary In 2004, the Victorian Government enacted legislation allowing people treated for transsexualism to correct the record of their sex on the Register of Births, Deaths and Marriages and obtain a new certificate reflecting their contemporaneous circumstances. It was the last of all the States and Territories to do so.

The legislation gave effect to some important changes to the law and was generally couched in terms more sensitive than those already in place in the other jurisdictions. In the view of the author, however, its proponents failed to both understand the import of the expert medical evidence adduced in, and to implement the common law position enunciated by, the Family Court in Re Kevin (validity of marriage of transsexual) [2001] FamCA 1074 and subsequently confirmed on appeal two years later by the Full Court.

The author argues that, while a welcome improvement to the human rights record of successive Victorian Governments, the result is still a largely disappointing piece of legislation. Rather than being truly 'beneficial' to all who need security of their personal identities, it perpetuates some of the very worst discrimination directed at people with transsexualism and their families by continuing to portray them as psychologically deluded rather than physiologically atypical and denying a small number of them their rights on the basis of legal reasoning which is no longer regarded as tenable. She asserts the legislation serves as a clear demonstration that prejudices and misconceptions about transsexualism stilI abound and explains much more is needed if real human rights, acceptance and freedom from discrimination are to be eventually obtained by those affected by the phenomenon.

Language eng
Field of Research 189999 Law and Legal Studies not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
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Document type: Journal Article
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