Making the Invisible Visible Again:  Pathways for Legal Recognition of Sex and Gender Diversity in Australian Law

Sarah Moulds

Abstract


People that identify as gender diverse or who are born with non-binary sex characteristics have traditionally been excluded from the law, lawfully discriminated against, or been made invisible by the law.  In recent years, this has begun to shift as law reform bodies in Australian explore pathways for providing legal recognition of sex and gender diversity within our community.  This article explores the legislative reforms that have taken place in this area in recent years, which has resulted in significant changes to State and Territory laws regulating the way sex and gender is recorded and altered on Birth Deaths and Marriages Registers, with important consequences for the way sex and gender is legally recognised in those jurisdictions. The article then explores the extent to which the new provisions align with the self-identification model of reform and whether these new forms of legal recognition have translated into meaningful legal protection for sex or gender diverse people in Australia. The article concludes that, despite the significant positive steps forward achieved by legislative reforms in this area, there are still many gaps when it comes to the protection and promotion of the rights of non-binary or gender diverse individuals.


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References


Reference List

A Articles/Books/Reports

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C Legislation

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