A Letter from the Attorney-General

Not addressed to me - but to Kathy Noble, one of the more active members of the TS community here in Australia. And incidentally, another woman whose body changed under her, though in her case, we have a good medical explanation as to why.

You queried how the Australia Government's same-sex reforms affect transgender individuals who remain married after surgery. As you may be aware, the same-sex reforms amend 84 Commonwealth laws to remove discrimination against same-sex de facto couples and their families from a wide range of Commonwealth laws and programs.

While the reforms do not expressly address the sex or gender diversity of specific individuals, they ensure that same-sex de facto couples and their families are recognised and have the same entitlements as opposite-sex de facto couples. A transgender individual who remains married after surgery will not be deemed to be no longer married as a result of the reforms. The effect of the reforms is that such an individual will receive the same treatment regardless of whether they are considered to be a member of a same-sex or opposite-sex couple.

Before these reforms, the marriage remained, but legally was a hollow shell, with no meaning regrading inheritance, or superannuation, or pensions, or even child custody. Married, but in terms of recognition outside the Family Court, legal strangers.

Now the legal substance has been restored. The love, of course, that remained, though now sisterly rather than marital. Our little boy has no complaints - both his parents love each other, and both his parents love him. Few at school believe that his Daddy is a girl, but that's no big drama for him. Other children have two Mommies, and that's nearly the same, so he doesn't feel alone.