Vic: Sex change woman remains male on birth certificate

AAP General News (Australia)
08-16-2006
Vic: Sex change woman remains male on birth certificate

MELBOURNE, Aug 16 AAP - A woman who underwent sex change surgery has failed to prove
that she was discriminated against when her attempt to change her gender on her birth
certificate was refused.

The woman, who was born a man, had asked the Federal Court in Melbourne to award her
compensation of $1,000 for discrimination on the grounds of marital status by the Victorian
Registrar of Births Deaths and Marriages.

The woman, referred to as "AB", also sought to have the decision of the Registrar overturned
and for her birth certificate to be altered to show she was now a woman.

The court heard AB had completed sexual affirmation surgery in April 2002.

It was also told she had married in 1967 and remained married to the same woman, although
they had separated six years ago.

Having previously changed her given names to those of a female, AB sought to have her
gender altered from "male" to "female" on her birth certificate following her sexual affirmation
surgery.

But her application was refused under two sections of the Births, Deaths and Marriages
Act which require an applicant to be unmarried.

AB's counsel Fiona McLeod, SC, argued that, under provisions of the Sex Discrimination
Act, AB was entitled to change her gender on official documents.

But Justice Peter Heerey rejected that argument and other claims that AB's case was
supported by United Nations conventions.

AAP mh/dk/it/sd

KEYWORD: GENDER

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