Australian Marriage Equality
(AME) has welcomed a
decision on Friday by the
Administrative Appeals
Tribunal effectively confirming
Australia's first legal
same-sex marriage.
The decision is
enormously significant. It
means that for the first
time the marriage of two
women is recognised under
Australian law.
Grace Abrams, a
post-operative transgendered
woman, was refused a female
passport by the Department
of Foreign Affairs and
Trade because she had
married her partner of five
years, Fiona Power, in 2005
prior to undertaking gender
reassignment surgery.
After the surgery, Abrams
applied to the NSW Registry
of Births, Deaths and
Marriages to register the
change of sex. A female
birth certificate was
refused solely on the basis
that she was married.
When applying for
an Australian passport,
Abrams was told she could be
issued with a passport in
the male gender only. She
was later informed she could
not be issued with a valid
passport in the female
gender because she could not
provide a female
birth certificate.
Administrative Appeals
Tribunal Deputy President,
the Hon R.N.J. Purvis, AM
QC ruled that the refusal of
a passport by the Minister
for Foreign Affairs and
Trade on the basis that
Abrams could not provide
an amended birth certificate
was unlawful under the
Australian Passports Act
2005.
All Australian citizens are
entitled to a passport if
they can prove their
identity and citizenship.
References by lawyers acting
for the government to the
2004 amendments to the Marriage
Act 1966 were also
ruled to be irrelevant.
The decision confirms the
patently absurd situation
that a same-sex marriage can
be recognised in Australia
only after one of the
parties to that marriage has
undergone gender
reassignment surgery.
Congratulations to Grace and
Fiona!
Grace is especially keen for
others in the same situation
to now apply for Australian
passports (or other offical
documents) in their correct
gender, in the knowledge
that their marriage can no
longer be a barrier.
Friday's ruling can be
viewed here: http://www.austlii.edu.au/au/cases/cth/aat/2007/1816.html
