The QLD Gov facing pressure over Transgender and Intersex Laws


Attorney General Yvette D'Ath talking about new laws relating to the Queensland Transgender and Intersex communities.

The Queensland government is facing mounting pressure to adopt new laws for the transgender and intersex communities, following the lead of Victoria and the ACT.

People in our community are calling for the removal of legal barriers that currently prevent transgender and intersex individuals from affirming their sex on their birth certificates.

Victorian Premier Daniel Andrews

Just recently, Victorian Premier Daniel Andrews made a significant announcement regarding legislation that will allow transgender and intersex individuals in Victoria to change the sex marker on their birth certificates without the need for divorce or sex reassignment surgery, as the current law mandates.

In contrast, under Queensland law, couples who entered into an opposite-sex marriage before one partner transitioned must go through a divorce process before the transgender partner can update their birth certificate. Furthermore, transgender individuals in Queensland are required to undergo sex reassignment surgery before they can apply for this change.

Dr. Janet Berry

Dr. Janet Berry, representing the Queensland Action Group for LGBTIQ+ Students, emphasized the urgency of addressing this issue. She stated, “It must be a priority for Queensland Attorney-General Yvette D’Ath and the state government to eliminate both of these requirements from the Births Deaths and Marriages Registration Act 2003. This is crucial for the health and well-being of LGBTIQ Queenslanders.”

Dr. Berry continued, “Failure to recognise people’s identities can have severe mental health consequences. One of the primary goals of this government is to ‘encourage safer and more inclusive communities,’ and revising this legislation would undoubtedly contribute to achieving that objective.”

“People should have the right to apply for changes to the sex recorded on their birth certificates without being subjected to surgical, medical, or hormonal treatments,” she stressed. “Additionally, couples should not be compelled to divorce if one partner wishes to update their birth registration. Such a requirement can cause immense distress to partners, families, and children.”

Dr. Berry also highlighted the increasing number of transgender children who are socially transitioning each year. It is imperative that their essential documents accurately reflect their true gender to protect them from discrimination.

The review of the legislation in question, initiated by the former Newman Government in 2013. At that time, the Anti-Discrimination Commission Queensland identified necessary changes in a submission.

Attorney-General Yvette D’Ath

A spokesperson for Attorney-General Yvette D’Ath acknowledged that the state government is actively addressing a range of issues identified by the LGBTIQ community as social justice reform priorities.

These include:

  • expunging historical convictions for homosexual offenses,
  • abolishing the “gay panic” Homosexual Advance Defense, and
  • standardising the age of consent for sexual activity.

“The Government remains committed to exploring further reforms, including those already implemented in other jurisdictions,” the spokesperson affirmed.

In conclusion, the Queensland Trans and Intersex communities are advocating for significant changes to the state’s birth certificate laws to ensure equal rights and recognition for transgender and intersex individuals.

The government is now under increasing pressure to follow the lead of other states in making these crucial adjustments.

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Nerelle Harper

Nerelle is a contributor for QN Magazine and QNEWS Online

QNews, Brisbane Gay, App, Gay App, LGBTI, LGBTI News, Gay Australia

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