It has come to
our attention that the Attorney General's Department
has issued an E Bulletin entitled "Married Celebrants
Program" located at
www.law.gov.au/aghome/commaff/fllad/celebrants.html
which includes the
following paragraph under the heading "Authorised
Marriage Celebrants - Role and Frequent
Questions."
"6. Change of
Gender
A person who was
born of a particular sex cannot validly marry
another person who was born the same sex even if
one of them has undergone gender reassignment. This
is true even if their change of gender has been
recognised under state law."
This is clearly a
document issued to marriage celebrants with the
authority of the Attorney General that purports to
state the law.
The language of the
paragraph 6 is problematic. It is clear, however, that
the advice provided in the paragraph is inconsistent
with the decision made by Justice Chisholm. Such
advice is therefore wrong and misleading. It is
surprising that the Attorney General's Department
would publish such advice when the Attorney General is
fully aware of the decision made by Justice Chisholm
and is presently seeking to have his Honour's decision
overturned on appeal.
As a result of our
concern that marriage celebrants are being provided
with misleading advice in respect of the right of
people of transsexual background to marry we have
caused our lawyer, Rachael Wallbank, to today forward
to the Australian Government Solicitor (as solicitor
for the Attorney General) a letter requiring the
prompt withdrawal of that incorrect advice.
Kevin and
Jennifer
