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Trans marriage equality

Wed 24 Oct 2012 In: Comment View at Wayback View at NDHA

Retired teacher, trans activist and trans youth advocate Diane Sparkes writes on the importance of passing the marriage equality Bill for married Transgender persons: the freedom to stay married without state interference and the right to be legally who you are: Diane Sparkes Shortly, submissions on the Marriage Equality Bill will close; I offer the following for those who still have not made their submissions to consider a little known aspect of marriage equality that passing this bill will fix. When a person who changes their gender to that of the opposite gender i.e. male to female or female to male, they have the legal right to make changes to all public records, to change their birth certificate, in order to reflect their chosen gender identity. Many will not know how important the passing of this bill will affect married Transgender people. Under the present law when one party to a legal marriage changes their gender identity, the state requires that before the transitioning partner can achieve true legal gender identity status, the marriage is dissolved. In the case where neither party wishes to dissolve their marriage, both parties find themselves in a no win situation. Each partner is forced by the state to divorce the other even though love and support has maintained the relationship through arguably one of the most difficult situations any married couple will ever face. The law does not actually demand divorce or enforce dissolution; however should the transitioning partner make no application to obtain their legal status, they become further disadvantaged as failing to achieve ones legal status carries many uncertain issues. For example a male who transitions to female will still be male in the eyes of the law and vice versa! To friends, family and society the couple after transition, still present themselves as a couple as they have always done. The law however, because of current legislation is unable to make the necessary changes allowing the transgender partner their right to be legally recognised because they are still legally married Unfortunately, all too often when a partner discovers their spouse wishes to change gender, a breakdown of the marriage takes place and this situation resolves itself. Passing this bill will remove a serious injustice placed upon the married transgender individual, because it will no longer be a requirement of the state for the dissolving of the marriage. The transgender person will then be able to achieve legally their new gender identity, stay married, and maintain the family unit. Then and only then will true equality to exist. Diane Sparkes - 24th October 2012    

Credit: Diane Sparkes

First published: Wednesday, 24th October 2012 - 10:06am

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