Perth, Australia — WHAT is a woman? What is a man? The High Court will be asked to ponder this fundamental question in an appeal involving two transsexuals who want to change the sex recorded on their birth certificates from female to male.

Both have had double mastectomies and were undergoing testosterone treatment, resulting in increased libido, hair growth and deeper voices, among other alterations.

After treatment one had increased chest size to such an extent that they moved from a size 38 to size 44 business shirt. The other grew body hair that is now ”profound”, a tribunal found. Both were also infertile because of the therapy.

However, both retain all female reproductive organs and neither has undergone phalloplasty surgery to construct a penis and testes. Such surgery is unavailable in Australia, anyway, due to the high risks and lack of success.

The legal claims of the two West Australian residents, aged 34 and 28, turn on a delicate interpretation of whether each ”has the gender characteristics of a person of the gender to which the person has been reassigned”.

The relevant state act, which authorises changes to birth certificates, defines “gender characteristics” to mean “the physical characteristics by virtue of which a person is identified as male or female”.

Two of three judges in the West Australian Court of Appeal determined that, according to accepted community standards and expectations, the two transsexuals remained female by gender.

The issue has been mired in litigation after an administrative tribunal originally found in their favour after the Gender Reassignment Board of Western Australia refused to recognise the change of gender.

Next week, the High Court will make a final adjudication on this question. The Australian Human Rights Commission is also seeking to participate, citing human rights issues, including Australia’s international obligations.

In a written submission, the commission argues that the decision to continue to recognise the two as female did not pay adequate regard to the surgical alteration of breasts and other forms of medical treatment that can alter a person’s physical characteristics, such as hormone treatment.

Under Victorian law, transsexuals can also apply to have their change of sex recognised on birth certificates.

© Farah Farouque, The Age Australia 2011. All Rights Reserved.

Perth, Australia — Do you need a penis to be called a man? That is the question facing the High Court after two female-to-male transsexuals took their quest to be legally identified as men to the court on Wednesday.

In 2007 and 2008 the appellants had their request for gender reassignment heard by authorities in Western Australia and it was rejected.

In 2010 the Supreme Court of Western Australia upheld the earlier decision rejecting the applications.

The unnamed pair have now taken their case to the High Court.

While the genitals of transsexuals were discussed, the court also heard debate suggesting both the lifestyle and appearance of people needed to be taken into account if gender reassignment was to be allowed.

If the transsexuals are successful it will be a major blow to Western Australia’s Gender Reassignment Act which defines gender characteristics as “the physical characteristics by virtue of which a person is identified as male or female”.

The hearing continues.

©Peter Veness, Sydney Morning Herald 2011. All Rights Reserved