Read The Times Australia

Daily Bulletin

why removing sex from birth certificates matters to gender diverse people

  • Written by: Fiona Kelly, Professor, Law School, La Trobe University
why removing sex from birth certificates matters to gender diverse people

Next month, Tasmania’s parliament will consider a bill that would remove sex from birth certificates. If it passes, it would be the first state in Australia to take such a step.

Under the proposed law, a baby’s sex would still be recorded in the register of births and hospital records, enabling the state to track sex information for statistical purposes, but it would not appear on the child’s birth certificate.

The argument behind the proposal is that people who do not identify with the sex of their birth – transgender, gender-diverse and intersex people – are forced to “out” themselves constantly throughout life when their birth certificate is requested. This can cause embarrassment, raise privacy concerns and potentially lead to discrimination.

The difference between sex and gender

Sex is a biological concept that relates to a person’s physical features and characteristics, including genitalia and other reproductive anatomy, chromosomes and hormones. These features don’t always fit neatly within “male” and “female” categories. For instance, between 0.05% and 1.7% of people are born intersex.

In contrast, gender is a social concept that describes the way a person self-identifies or expresses themselves. A person’s gender identity may not always be exclusively male or female and may not always correspond with their sex assigned at birth.

The majority of Australian states and territories already permit birth certificates that record an individual’s sex as something other than male or female. South Australia, the ACT, NSW and the Northern Territory all provide a range of gender-neutral options for recording a person’s sex on their birth certificate, including non-binary, indeterminate, intersex, other and unknown.

In April, Queensland announced a review that would consider introducing similar measures.

Read more: Gender diversity is more accepted in society, but using the pronoun 'they' still divides

Other countries, including New Zealand, India, Germany and Bangladesh, as well as recently New York City, also permit gender-neutral and/or non-binary designations on birth certificates.

The proposal being debated in Tasmania goes a step further. While providing a gender-neutral option on birth certificates may improve the situation for non-binary and intersex Australians, there is growing interest in removing sex designations from birth certificates altogether.

A March 2018 discussion paper produced by the Law Reform Commission of Western Australia recommended doing this on the basis that:

it is preferable to avoid conflating information about a person’s biological sex (recorded at birth) with information about a person’s gender identity (which cannot be known at birth and only becomes apparent at a later time when the child is able to form and articulate their own gender identity)

Other jurisdictions around the world are now moving in this direction. The Canadian provinces of Ontario and Saskatchewan, for instance, recently amended their laws to permit individuals to opt out of displaying a sex designation on their birth certificate.

Why remove sex from birth certificates?

For the transgender and intersex communities, removing sex from birth certificates just makes life less complicated.

Having a gender identity that does not match the sex designation on a birth certificate can create confusion and potentially expose people to discrimination when an identity document is requested, such as when they register at a school or university or apply for a passport. Birth certificates are also used to accumulate identity “points” for anything from applying for a credit card to commencing a job.

Read more: Friday essay: transgenderism in film and literature

As Dr David Cox, chairman of the Law Commission of Western Australia’s recent review, put it:

For the vast majority of the population it’s not going to make one iota of difference … it’s not going to affect the fabric of government, it’s not going to affect the fabric of society, it’s not doing anything really, but it’s going to make life a lot easier for a small group of people.

Removing sex from birth certificates would also eliminate the need for the parents of an intersex child to choose a sex for their baby to be publicly recorded.

This can be a highly difficult and emotional decision for parents and, in some instances, will not reflect the child’s understanding of their gender later on. Leaving the birth certificate blank allows the child to make that decision once they have the knowledge and maturity to confirm their gender identity.

In some states, such as Victoria and Tasmania, people can only change the sex on their birth certificates if they undergo gender reassignment surgery. The decision to have this costly and invasive surgery should be based on one’s health and emotional needs alone.

Would this impact society in any way?

Even though such a move wouldn’t impact society at large, opposition to the proposed Tasmanian legislation has been extremely vocal.

The Australian Christian Lobby, for instance, said the proposed reforms “greatly diminish” the significance of birth certificates because they would erase “historical truths”.

This suggests a fundamental misunderstanding of the purpose of birth certificates. As the Victorian Law Reform Commission recently concluded, the primary purpose of a birth certificate is to provide verification of a person’s legal identity, not to record biological details.

For example, birth certificates for people who were adopted or conceived via assisted reproduction reflect their legal parentage, not their genetic origins. It is birth and hospital records that provide an historical record of birth, along with adoption and donor conception registers.

Tasmanian Attorney-General Elise Archer also expressed her concern, saying such a move:

exposes the state to a range of potentially serious unintended consequences.

She didn’t articulate what those “unintended consequences” might be.

Allowing transgender and intersex people to accurately state their legal identity and giving them control over their sensitive personal information will greatly improve their lives, without any impact on the broader population.

Like past decisions to remove race and parental occupations from birth certificates, eliminating sex is another step towards combating discrimination.

Authors: Fiona Kelly, Professor, Law School, La Trobe University

Read more http://theconversation.com/explainer-why-removing-sex-from-birth-certificates-matters-to-gender-diverse-people-105571

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...