It is being reported today that the Victorian Government invalidated the marriage between Paige Phoenix, a recording artist from Melbourne, and his wife citing inconsistent documentation.
At the time of his wedding Phoenix provided his Australian passport as proof of identity which states that, according to the Federal Government, he is legally male.
A subsequent cross-check by Victoria’s Births, Deaths and Marriages showed that his Victorian birth certificate reflected his sex as female, as it was noted at birth.
While Federal law now gives Australians the ability to change their sex on travel documents, most states have not made the same progress which means many Australians live with inconsistent documentation.
Currently Victoria requires gender reassignment surgery before changing details within Births, Deaths and Marriages, an option not available to Phoenix due to a serious medical condition. This is no longer a requirement with the Australian Passports Office.
Deputy Director of Australian Marriage Equality Ivan Hinton said,
“It is devastating that a State law can intervene to effectively terminate a loving marriage”.
“Marriage is the union of two people who have chosen to build a life together based on love, commitment, respect and hope for a future. It isn’t about gender.”
“It is ridiculous that a state institution ignores Federal documents that recognise the opposite sexes of this couple while attempting to enforce Federal marriage laws, currently opposed to same-sex couples marrying.”
Federal laws around sex and gender have evolved to recognise Paige as male however, in this case, he remains unable to marry a woman due to state law not recognising his true gender.
The recent sex and gender law reforms within the ACT have closely mirrored Federal changes but is only applicable to those born in the ACT. Other states are yet to follow.
Hinton said, “By a single act by Federal parliament this situation could be resolved. Equal marriage would remove this issue entirely and provide dignity for all Australians.”
For more information contact Ivan Hinton on 0419 124 826.
Author: Ivan Hinton
Publication: AME Media Release
Date: 6 July 2014