AUST RECOGNISES SAME-SEX MARRIAGE

By Toby Longhurst

In what will become Australia’s first legally recognised same sex marriages, The Attorney Generals Office has confirmed that as of 1 July 2009, transgendered individuals who remain married after surgery will be deemed to be a legally married couple regardless of their same sex status.

Previously when a member of an opposite sex married couple underwent gender reassignment surgery, the couple, in the eyes of the law, were deemed to be no longer married. However after the federal government’s same sex law reforms passed by the Senate in November 2008, such couples will now remain married, and couples who were previously deemed to be ‘no longer married’ will once again be legally married.

The same-sex reforms, which amended 84 Commonwealth laws, did not expressly address the sex or gender identity of individuals, leaving the legal standing of transgendered persons and marriage unclear, but after queries from Changing Aspects President Kathy Noble, the government has confirmed in a letter that such couples will now remain married. The Attorney General’s Office wrote, “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.”

Ms Noble told QNews, “I feel that the solution as outlined in the letter from the Federal Attorney-General is the best outcome in the current circumstances. This means that all previous rights under the Marriage Act 1961 that were lost to both Trans person and Spouse are now returned under the “Same Sex Act” as from 01-07-2009”

Ms Noble remains in contact with the Attorney General’s Office to ensure government agencies such as Centrelink and the Australian Tax Office are made aware of, and are prepared for the coming changes.