Transsexual Men Win Case

Local News, By Joal, 19th August, 2009

After a year long campaign to have their gender reassigned, two Western Australian men are now legally the gender they identify as and their case is an optimistic win for other transsexual men and women in the state.

Approaching the Gender Reassignment Board of Western Australia in early 2008, the two men, whose names have been legally suppressed, say it was a long and difficult process. Having undergone mastectomies and testosterone treatment, the men were denied reassignment because they had not had hysterectomies. Both men applied to The State Administrative Tribunal to have the decision reviewed.

One of the men told Same Same that the decision was, “immensely gratifying”, although, the process was long and difficult.

“This ruling says that rather than relying on a prescriptive list of surgeries, each case should be taken on its merit, taking into account all of the factors in each case, with surgery being a consideration, but not the only consideration.”

The Tribunal’s review of the Board’s decision found that the men could still be identified as male, and that the Gender Reassignment Act’s requirement for surgery was fulfilled, even though neither of the men had had a hysterectomy.

A report from the Tribunal’s decision details the men’s decision not to undergo further surgery due to the stress, adverse affects and ‘limited success’ involved. While the men say they may consider further surgery if medical technology improves, one of the men said in the hearing that his internal organs ‘have no bearing on his identity as male.’

“Sitting in the Tribunal for two days straight and having to listen to the state solicitor demonstrate his ignorance about transsexualism was not fun,” one of the men told Same Same. “This decision provides important clarification of the way the medical and surgical requirements of the Gender Reassignment Act should be applied, and should make it easier for a number of transsexual men and women to legally change their sex.”

One of the men involved in this case says he hopes the recent decision will influence other states and territories, and even laws at a federal level.

“I’m massively excited about the result,” he said. “It means finally every last piece of my documentation, including passport and birth certificate, will line up with my identity and presentation in the world. No more awkward or potentially risky conversations with officials about my paperwork.”

The Australian Human Rights Commission released a report ‘Sex Files: the legal recognition of sex in documents and government records’ in March this year, a report that Wayne Morgan, senior lecturer with the Australian National University’s Faculty of Law, told Same Same the current government has failed to act on. One of the men involved in the recent case agreed, saying issues trans identifying Australians continue to face include a lack of discrimination protections and access to appropriate and affordable health care.