Fighting battle on gender laws

TASMANIAN LGBTI advocates have called on the State Government to allow transgender people to change their sex on their birth certificate without having major surgery.

As it stands, transgender people cannot change the gender on their birth certificate unless they have sexual reassignment surgery which involves removing reproductive organs.

Tasmanian Gay and Lesbian Rights Group spokeswoman Martine Delaney on Thursday said the Government should stop intervening in the lives of transgender and gender diverse people.

“We are talking to the Government about also removing the requirement that transgender people must have surgery before their gender is officially recognised on their birth certificate,” she said.

“Some transgender people can’t have surgery for medical or financial reasons, and it is unfair to leave them in legal limbo.”

Greens justice spokeswoman Rosalie Woodruff labelled the current laws “unjust” during a budget estimates hearing on Thursday.

“I know of one young person who has undergone psychological assessment to affirm their gender identity, is currently on hormone therapy and has had their breasts removed but cannot get consensus from medical professionals that breast removal fits within this definition of ‘sexual reassignment surgery’ under the act,” she said.

She said breast removal was a “dramatic statement of intent and permanence to live life as another gender”.

She said the law required another operation that was unnecessary and carried risks.

Attorney-General Elise Archer said she was prepared to look at the issue but could not make a change “overnight”.

“As a government we support the rights of members of our community to be protected against discrimination,” she said.

“I am sorry that these things can be delayed but it is the process that has to occur in relation to changing the law. I am consulting with the various stakeholders that wish to speak to me about this.”

Ms Archer has committed to removing the requirement that transgender people divorce before their gender can be officially recognised by early December this year.

Martine Delaney