History as state’s Upper House passes Australian-first gender laws

The transgender community has heralded nation-first legislation to better recognise transgender, intersex and gender diverse Tasmanians as a landmark moment in Australian history.

THE transgender community has heralded nation-first legislation that changes laws to better recognise transgender, intersex and gender diverse Tasmanians as a landmark moment in Australian history.

After three days of debate, the state’s Legislative Council on Thursday night passed the changes by a vote of 8 to 6.

The changes passed in the Lower House last year by Labor and the Greens, with support from Liberal Speaker Sue Hickey.

The legislation will give people the choice to remove gender markers from birth certificates.

The laws will also prevent hate speech and offensive language against gender identity and intersex status.

The requirement for married transgender partners to divorce before they can change the gender on their birth certificate will also be removed.

The legislation will also remove the requirement for surgery before gender on birth certificates can be amended and instead allows self-identification on birth certificates through a declaration.

MLC Ruth Forrest said other parliaments would be looking to follow Tasmania’s lead with the new laws. Picture: MATHEW FARRELL

Murchison independent MLC Ruth Forrest, who brought the proposals to parliament, said the changes were “about treating all Tasmanians equally”.

“I think other states will be looking at us and saying ‘we should be considering this’,” she said.

“I believe we’ve got a robust and good piece of legislation and it’s up to the Government what they do with that.”

Tasmanian transgender rights campaigner Martine Delaney. Picture: CHRIS CRERAR

The Bill will now return to the Lower House to be voted on, but Tasmanian transgender activist Martine Delaney declared history had already been made.

“When historians come to write about how Tasmania adopted the best transgender laws in the nation, and the world, they will say the quietest voices spoke the loudest,” she said.

“I congratulate those Upper House members who put people before politics and who stood up for equality and inclusion.”

Launceston MLC Rosemary Armitage, who opposed the Bill, said she was disappointed the legislation passed the Upper House without “proper community consultation”.

“For something as wide-ranging as it was, everyone needs to be consulted,” she said.

Mrs Forrest said she had drafted her work with consultation and support from the Children’s Commissioner and the Anti-Discrimination Commissioner.

Liberal Member for Montgomery Leonie Hiscutt said the legislation should not have been “rushed through” parliament without a full review from the Tasmanian Law Reform Institute.