Sunday, 9 October 2011

MaltaStar: Transgender Australians win landmark court case

http://www.maltastar.com/pages/r1/ms10dart.asp?a=16741
06 October 2011 12:41

Australian transgender campaigners say the ruling will prevent others from undergoing medically unnecessary surgery to have their chosen gender recognised. Photograph: Christophe Archambault/AFP/Getty Images

Two transgender people have won an appeal in Australia's highest court giving them legal recognition as men despite not completing sex-change surgeries.

Transgender and intersex organisations praised the ruling as a precedent that would spare others from having to undergo medically unnecessary surgery to have their chosen gender recognised.

The court ruled that characteristics that identify a person as male or female are "confined to external physical characteristics that are socially recognisable". This recognition does not require knowledge of a person's sexual organs, the court said.

The pair, who have not been named, had their breasts surgically removed and underwent male hormone therapy, but retain some female sex organs.

The Western Australia state Gender Reassignment Board had refused to certify them as male because their sex change surgeries were incomplete.

Aram Hosie, spokesman for the Western Australia Gender Project, said transgender people had previously been unable to legally change their gender "without invasive, medically unnecessary surgeries that may be unwanted, impractical or unattainable".

A spokesman for the campaign group Gender Agenda, Peter Hyndal, said the judgment was in line with South Africa, Britain and some other European countries that have relaxed surgical prerequisites for legally changing gender.

Last month, Australia altered its rules to allow transgender people to change the gender on their passports without sex-change surgery.

Source: The Guardian

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