The Marriage Between a Man of Transsexual
Background and his Wife is Again Declared Valid According
to the Law of Australia - this time by The Full Court of
The Family Court of Australia in Kevin and Jennifer -v-
The Attorney General for the Commonwealth
On 12th October 2001 His Honour Justice Richard
Chisholm of the Family Court of Australia delivered a
landmark judgement Kevin and Jennifer -v- The Attorney
General for the Commonwealth whereby a Sydney couple won
their legal battle against the Commonwealth to have their
marriage declared to be valid. The Attorney General for
the Commonwealth of Australia appealed against that
decision to the Full Court of the Family Court of
Australia. Today the Full Court of the Family Court of
Australia dismissed the Commonwealth's appeal.
The decision of His Honour Justice Richard Chisholm,
which declared the law of Australia, is of considerable
legal and social significance; especially for people who
have experienced variation in their sexual development or
formation as human beings such as transsexualism; as well
as their loved ones, family and friends.
The full text of the judgement can be accessed at
http://www.familycourt.gov.au/judge/2001/html/rekevin_text.html.
The singular question to be answered in the original
2001 case was whether Kevin, the Applicant Husband, was a
man for the purpose of the marriage law of Australia
notwithstanding his transsexual background; such people
as Kevin being formerly more commonly referred to as 'a
post operative female to male transsexual'.
KEVIN AND JENNIFER'S MEDIA STATEMENT - 21ST
FEBRUARY 2003
"We are relieved and encouraged by the Full Court's
decision delivered today. Our original faith in the
Australian legal system, so well fulfilled by Justice
Richard Chisholm's 2001 decision in our case, has been
reaffirmed. Our marriage has again been declared legally
valid according to the law of Australia.
Our marriage has been described as a "transsexual
marriage", but in fact it is just an ordinary marriage, a
mix of challenges, triumphs and joy, as other marriages
are. We attract no special attention, we seek no special
treatment. We are a typical Australian couple, an average
man and woman, raising our precious children responsibly
in a loving home. One of us happens to have a medical
condition, an example of human variation, known as
transsexualism.
Transsexualism need not prevent people from leading
healthy, fulfilling and productive lives, from enjoying
social acceptance, stable employment, loving
relationships, parenthood and marriage."
"Kevin & Jennifer"
Rachael Wallbank - Applicants' lawyer
"The reality is that a small but significant
proportion of the population experience difference in
their sexual formation as human beings requiring both
medical and legal sex reassignment. Justice Chisholm
found in 2001, and the Full Court of the Family Court of
Australia has now confirmed, that Kevin, a man of
transsexual background (in the past perhaps more commonly
medically described as a post-operative 'female-to-male
transsexual'), is a man within the ordinary, everyday
meaning of that word and according to the law of
Australia. His Honour also found that, in so far as the
test of a person's sex for the purpose of marriage is
concerned, the law of Australia should not be limited to
one arbitrary set of characteristics, but should have
regard to all of the sexually differentiated biological
characteristics of a person, including brain sex, as well
as the cultural characteristics of the person such as his
or her lived sex. I hope people can begin to appreciate
the incredible courage demonstrated by Kevin and Jennifer
in their bringing of this case and seeing it through both
the original hearing and this appeal."
Kevin and Jennifer and their legal team trust that the
understanding and inclusive message contained in the 2001
judgement by His Honour Justice Richard Chisholm of the
Family Court of Australia, now confirmed by the Full
Court of the Family Court of Australia in 2003, confirms
that Australians continue to be a people conspicuous for
their humanity and sense of justice.
Source:
© Copyright 2003 Wallbanks.com : www.wallbanks.com/news.html
