Australian state to end forced divorces for trans people

Australian state to end forced divorces for trans people

March 28, 2018

The Australian state of Victoria is set to abolish a law that requires trans people to divorce their spouses before legally changing their gender. The law is a holdover from before the country voted on same-sex marriage. If a trans person legally changed their gender then their opposite-sex marriage would become a same-sex marriage, which would be illegal.

As Australian states bring their laws into line with marriage quality over the next twelve months, forced divorces for trans people are being re-examined.

“It isn’t fair that some trans and gender diverse people are still waiting for full marriage equality,” said Anna Brown, director of legal advocacy at the Human Rights Law Centre. “The community has shown their support for marriage equality, it’s time our laws did as well. All governments must reform our outdated birth certificate laws so trans and gender diverse people can live with dignity.

“This is a welcome change that means trans and gender diverse people will be free to live as their true selves while remaining committed to the person they fell in love with.”

Brenda Appleton, chair of Transgender Victoria, agrees: “We welcome this important reform that—if passed—will mean that trans and gender diverse Victorians will no longer have to make an impossible choice between staying married to the person they love and being legally recognised as their true gender,”

However, Victoria is still among several states in Australia which requires forced sterilisations before trans people can legally change their gender.


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