Review of Legals
Night with Rachael
Wallbank, 4 October
2003, Sydney
Solicitor Rachael
Wallbank was our guest in Sydney to talk about
the case for which she is best known, the Family
Court so-called transsexual marriage test case
of "Kevin" & "Jennifer" vs The Attorney
General of Australia - or as Rachael describes
it, when a couple "took on Goliath and won -
that's always good fun!". The Re: Kevin
case has been cited with success in cases
internationally, such as in Florida USA and in
the European Court of Human Rights, and is
regarded by many as "the seminal decision in the
world on transsexualism".
In the first half of
Rachael's presentation she ran through the
background, strategy ("demystify, demystify,
demystify") and main points of the case,
including explanations of brain sex, the
intersexual nature of transsexualism and the
fact that surgery for people with transsexualism
is rehabilitative not imitative. Through the
case "transsexualism was completely re-envisaged
as nothing more or less than a natural variation
in human sexual formation, not to be punished
but facilitated in our culture, not a difference
to be trodden down but an example of the
diversity we have on this planet".
In the second half of
the presentation Rachael answered questions,
regarding the rights of others to marry as a
result of the case, the current state of law
reform in Australia and the politics involved.
Rachael elaborated on what the case had meant to
her personally (as a woman of transsexual
background) and talked about the broader
implications of the case and its outcome.
Feedback from people who attended on the night
was that Rachael's perceptions were insightful
and uplifting.
In part she
said:
"We're living in a time
when we're just learning about who we are, we're
just learning how to be entitled to live our
lives with pride and dignity. One of the reasons
that our stories so inspire others is that they
are journeys of liberation and freedom, journeys
of truth.
"Our journey is very
stimulative, our journey is very instructive,
and we are all teachers, an inspiration to other
people in the culture. And I think the sooner
you can just accept your curriculum and get on
with it the happier you're going to be. For
years I fought it and fought it and fought it.
As soon as I accepted it and thought "oh well
okay, this is obviously why I'm here, let's do
it" then it just started to flow. And it's
funny, it's usually the thing that you're most
ashamed of, the weakest part of you, the poorest
part, which is where you'll find your power and
where you'll find your ability to serve others.
Which is where you'll find your joy."
A video tape has
been made from the evening which may be borrowed
by FTMA members - contact Craig
Andrews.
