One of the most frustrating areas of the legal system in relation to transgender and gender diverse people has to be our legal relationships with our partners.
Post-operative Transgender people are now able to legally marry in our true gender identity thanks to the 2001 landmark decision which has come to be known as 're: Kevin'. Many other court battles have taken place though, and not always in trying to have our relationships recognised. Partners have also taken to the courts to settle custody battles and divorces upon learning of our intentions to transition. Relationships certainly are one of the most messy areas for transgender and gender diverse people.
This Relationships (Legal Resources) section of the Gender Centre's website contains a number of articles about the legalities of relationships in relation to transgender and sex and gender diversity, and in time will also include other resources such as books and book reviews, research papers, videos, links to other relationship related services and more. The articles below are just a few of the articles currently on the Sexual Health page of this website.
DOMESTIC VIOLENCE AND TRANSGENDER
Article appeared in Polare 80, July 2009
The Inner City Legal Centre introduces the 'Safe Relationships Project', an initiative that aims to provide a new domestic violence advocacy, information and referral service, a specialist service that offers court assistance and support for transgender people ...
JESSICA AND ANDREW TIE THE KNOT
Article appeared in Polare 53, August 2003
In May 2003 Jessica and Andrew legalised their relationship beginning with a Commitment Service at the Wayside Chapel followed by a Nuptial Mass in full Ecumenical Catholic splendour. As far they are aware this may be the first legal wedding between two transsexuals ...
WHAT DO THESE CHANGES MEAN FOR TRANSGENDERS?
Article appeared in Polare 79, April 2009
The Federal Government has passed laws that recognise same-sex couples in de-facto relationships. This was an important law reform for the gay and lesbian community, but what do the changes mean for transgenders, Inner City Legal's Jasmin Hunter takes a look ...
FOR THOSE WHO ARE, OR HAVE BEEN, LEGALLY MARRIED OR IN A LEGALLY RECOGNISED DE FACTO RELATIONSHIP
Article appeared in Polare 4, August 1994
Rachael Wallbank guides us through some of the legal issues faced by transgendered parents and those with gender issues with regard to child access, regardless of the length of the relationship, and also provides an explanation of how Family Law currently stands ...
THE MARRIAGE BETWEEN A MAN OF TRANSSEXUAL BACKGROUND AND HIS WIFE IS DECLARED VALID BY THE FAMILY COURT OF AUSTRALIA
Article appeared in Polare 43, December 2001
In October 2001 His Honour Justice Richard Chisholm of the Family Court of Australia delivered a landmark judgement. Re: Kevin and Jennifer v The Attorney General for the Commonwealth, whereby a Sydney couple won their legal battle to have their marriage declared valid ...
IF WE ARE NEITHER FEMALE NOR MALE WHAT EXACTLY IS THE NATURE OF OUR RELATIONSHIP?
Article appeared in Polare 94, January 2013
Gina Wilson takes a look at the legal precedents that currently preclude Intersex people marrying anyone at all, and explains that every intervention in the lives of intersex people is done with an weather eye to heterosexual 'marriage readiness' and that need for readiness is propelled by deep seated homophobia ...
RE: KEVIN AND JENNIFER V ATTORNEY-GENERAL FOR THE COMMONWEALTH : A CRITIQUE
Article appeared in Polare 49, December 2002
Andrew Sharpe, Senior Lecturer in Law at Macquarie University explores the legal recognition given to vaginoplasty/phalloplasty and how it may have influenced and severely impacted upon the struggles of transgender people for legal recognition of their sex ...
NEW PERCEPTIONS AND STRATEGIES
Article appeared in Polare 51, April 2003
The Legal Environment Following re Kevin: New perceptions and strategies for effective law reform in respect of the legal rights of people who experience variation in human sexual formation and expression, is a paper presented atN.S.W. State Parliament House on Tuesday February 25th 2003 by Rachael Wallbank, Accredited Specialist, (Family Law) L.S.N.S.W. ...
A VERY ODD DOCUMENT
Article appeared in Polare 85, October 2010
The refusal of both the Government and Opposition to spend more than a sentence or two in dismissing the arguments for same-sex marriage, reiterating the mantra that marriage is to be between a man and a woman, merely indicates that they are going where they think the votes are ...
THE GOOD NEWS AND THE BAD NEWS
Article appeared in Polare 59, September 2004
The bad news is that same-sex partners will not be allowed to get married in Australia, or have their overseas marriages recognised here. The good news is that transsexuals can change sex, and for the purpose of marriage are of the new sex if they've had a sex change ...
BOTH LIBERAL'S JOHN HOWARD AND LABOR'S MARK LATHAM DESERVE CONDEMNATION
Article appeared in Polare 60, November 2004
Both Liberal's John Howard and Labor's Mark Latham deserve condemnation for the ban on same-sex marriages. The recent legislation to proscribe same-sex marriage is one of the most shameful pieces of legislation that has ever been passed by the Australian Parliament ...
A QUESTION AT THE HEART OF A CUSTODY BATTLE
Article appeared in Polare 80, July 2009
Joshua prides himself on being a devoted and doting father. But in the bitter divorce and custody battle with his estranged wife, his fathering is not at issue. What is, is whether he is even a man, a question at the heart of a legal strategy by his wife's lawyer ...