Q: What is the postal ballot on marriage asking Australians to decide?
The question is to be “Should the law be changed to allow same-sex couples to marry?”
You would think that this meant that marriage would include the union of 2 men or of 2 women.
However, the amendment to the Marriage Act proposed by the Exposure Draft Marriage Amendment (Same sex Marriage) Bill, to be put to the parliament if the plebiscite returned a “yes” vote, was that marriage be “the union of any 2 people.” The Attorney-General’s Department’s Submission (Submission 78) to the Inquiry into the Exposure Draft Bill said: “Under this definition, … couples … who are intersex or of a non-binary gender, would be able to marry.” So persons of any fluid gender could marry.
This is not simply same sex marriage – this is transgender (or gender fluid) marriage.
Q: What does transgender (gender fluid) mean?
Gender fluid (transgender) refers to a person who does not identity with their sex a birth. They don’t identity as male or female, but with another fluid genders.
Q: What genders can a person legally identify as?
The federal government allows you to identity as Male Female X(Indeterminate, Unspecified, Intersex). Indeterminate can mean any gender identity on a scale of male to female, as advocated by the Safe Schools Coalition (p 34), or any gender identity from the list on Facebook or Tumblr (e.g. non-binary, gender diverse, gender queer, pan-gendered, androgynous and inter-gender), or genderless. 24 million Australians can have 24 million gender identities.
Q: What does it mean that gender is fluid?
Gender is fluid means that a person’s gender is whatever gender that person identifies as and can be changed. You can have a doctor or psychologist approve your change of gender. Then you can change your gender identity on:
- Passport: Fill out a Declaration: Gender change in travel document to Male, Female X(Indeterminate, Unspecified, Intersex).
- Drivers registration form: e.g. fill out a WA Department of Transport Change of Personal Details and choose “either M (male), F (female) or X (if you do not identify as either male or female).”
- In the ACT: Application to alter birth register to record change of sex (DOC 188KB)to Male, Female, Indeterminate, Unspecified, Intersex.
Q: How can a person change their gender other than on their identity documents (birth certificate, passport etc)?
- Socially change your sex to another gender identity, meaning “gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.” For example, a man wearing women’s clothes, makeup and walking like a woman can legally identity as a woman under the Sex Discrimination Act 1984, Section 4.
- Undergo sex reassignment surgery and hormone treatments. For many, this means never being able to have sex again, being sterilised and never be able to have their own baby. Sex reassignment medical procedures are recognised exemptions to the ban on female genital mutilation in all state and territory criminal codes, for example in NSW and Victoria.
- Children can transition gender even while still at school by socially transitioning i.e. wearing the clothes (including school uniform) of the opposite sex, adapting their hair style and using the toilets, showers and change rooms of the opposite sex. This is already in the policy guidelines of the NSW, Victorian, SA and Queensland education departments.
With parents approval, a child can be prescribed puberty blockers and later cross-sex hormones.
Alexander Korte et. al. surveyed the incidence and treatments of gender dysphoria in medical literature and found that between 80 per cent and 97.5 per cent of children with gender dysphoria have resolved their identity uncertainty by adulthood and identify only with their biological sex recorded at birth.
Q: What has transgender (gender fluid) to do with same-sex marriage?
Making any “2 people” eligible to marry means making any two persons recognised by their fluid gender identity to marry. So, two men identifying as women can marry and be legally recognised as being in a lesbian marriage. A pangender can legally marry a gender queer.
This is gender fluid (transgender) marriage, not same-sex marriage.
Q: Who says that marriage of “2 people” means transgender (gender fluid) marriage?
The Federal Attorney General’s Department made it clear to the 2016-17 Senate Select Committee Inquiry into the Exposure Draft Bill, that “‘the union of 2 people, to the exclusion of all others, voluntarily entered into for life’” would allow people “of a non-binary gender … to marry.” See Submission 78.
Professor George Williams – leading constitution lawyer, dean of law at UNSW and advocate of transgender rights – says that same-sex marriage would not extend the definition of marriage far enough. He endorsed the cross-party Marriage Legislation Amendment Bill 2015 that allowed “two people” to marry, “and to have their marriages recognised, regardless of sex, sexual orientation, gender identity or intersex status.”
Many bills to parliament have said that marriage of “two people” will mean marriage by, sex, sexual orientation and gender identity, which is gender fluid (transgender) marriage.
Q: Who has moved transgender (gender fluid) marriage bills in parliament, i.e. marriage between “2 people” recongised by the sex, sexual orientation, gender identity, or intersex status?
- Bill Shorten
- Sarah Hanson-Young
- Adam Bandt (AG, Vic) and Andrew Wilkie (IND, Tas)
- A 2015 Bill by Warren Entsch (LP, Qld), Teresa Gambaro (LP, Qld), Terri Butler (ALP, Qld), Laurie Ferguson (ALP, NSW), Adam Bandt (AG, Vic), Cathy McGowan (IND, Vic), Andrew Wilkie (IND Tas).
These are just some of the bills for transgender marriage by sex, gender identity, sexual orientation and intersex status.
Q: If the new concept of transgender (gender fluid) marriage is legalised, how would you anticipate adults be educated about transgender marriage?
Workplaces, public services (e.g ACT), universities and education departments are issuing guidelines or running programs on transgenderism in workplaces, universities and various public services. The Victorian public service requires gender neutral language. The Commonwealth public service is proposing gender neutral bathrooms, after the Attorney General’s Department issued the Australian Government Guidelines on the Recognition of Sex and Gender, which requires all federal government departments to recognise a person as Male, Female X(Indeterminate, Unspecified, Intersex).
Also, for example, Monash University runs Queer 101 for students on diversity, record a change of gender on university records by filling out a statutory declaration with a variation of personal details form.
Q: Why would transgender (gender fluid) marriage have to be taught to children and teenagers in kindergartens and schools?
The federal Sex Discrimination Act 1984 (as amended in 2013) says it is an offence to treat a person less favourably on the grounds of their fluid “gender identity” and their “marital status”.
Hence, under the Sex Discrimination Act 1984 (Section 21), teachers will risk prosecution, complaints of discrimination, if they:
- treat transgender marriages “less favourably” than same-sex and heterosexual marriages;
- do not tell children that all gender is fluid and all genders are equal;
- do not to support a child towards transitioning to another gender; and
- refuse boys identifying as girls access to the girls’ showers, change rooms, toilets and sports.
Is this the sort of “equality” Australians want to impose on children?
The NSW guidelines says safeguards can be put in place. Some children do suffer from gender dysphoria, but a child only has to identify as having a gender other than their sex at birth to access opposite sex facilities, regardless of whether they have gender dysphoria or not. Further, Alexander Korte et. al. surveyed the incidence and treatments of gender dysphoria in medical literature and found that between 80 per cent and 97.5 per cent of children with gender dysphoria have resolved their identity uncertainty by adulthood and identify only with their biological sex recorded at birth.
Q: Isn’t this an exaggeration?
The Jewish Vishnitz school for girls in the UK is under threat of losing its accreditation because they refuse to teach gender fluid (transgender) issues to children.
Q: What does transgender (gender fluid) anti-discrimination law mean for women?
Women’s prisons have already been accommodating rapists and murderers who identity as women (see cases here and here). If a transgender male-to-female (who does not require sex change surgery under the definition of “gender identity” in the Sex Discrimination Act, Section 4) finds a partner in the women’s prison, then the legalising of transgender marriage would allow these “two people” to marry, identify as being in a lesbian marriage and start a family in prison. The Australian Human Rights Commission argued in Resilient Individuals (2015, p. 3), authorised by Tim Wilson, for “the placement of trans and gender diverse prisoners in correctional services” according to their transitioned sex. Resilient Individuals criticised “The biological approach to gender classification places prisoners in a facility based upon the prisoner’s genitalia. Under this policy, transgender prisoners are placed with inmates that they may consider to be of the opposite sex.” (p. 69). Is this fair to biological women?
Is this the sort of “equality” Australians want to impose on women?
Q: What does transgender (gender fluid) marriage mean for women and lesbians?
Two men identifying as women and in a relationship can be legally married and be recognised as being in a lesbian marriage for the purposes of accessing lesbian only organisations, events and lesbian exclusive spaces.
Is this the sort of “equality” Australians want to impose on women and lesbians?
Q: What does transgender (gender fluid) marriage and transgender anti-discrimination laws mean for companies and local councils?
Will council public toilets, swimming and sporting facility change rooms be available to men socially identifying as women?
Is this the sort of “equality” Australians want with public facilities?
Q: What does transgender (gender fluid) anti-discrimination law and transgender marriage mean for you?
Arguably, it means you are not recognised as a biological man or woman but as a cis gender person. Federal law regards you as choosing to be recognised by your gender identity, meaning “appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.” Arguably, this means you can choose to be cis male or cis female, but you are not recognised by your biological sex.
It also means that if a cis female marries a cis male, and the male transitions to be female, then the relationships transitions form a heterosexual marriage to a lesbian marriage.
Q: What does it mean for GLBTs?
It means that their sexual orientation is not recognised by their biological sex, but as orientations between two people recognised by their gender identity, i.e. by a person’s “appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.”
This means that two men can identity as women, say they are lesbians, be married and be in a lesbian marriage.
It means men identifying as women can use women’s services, spaces and apply form women’s positions under affirmative action.
Is this the sort of “equality” Australians want to impose on women and lesbians?
Q: Are transgender (gender fluid) laws erasing biological men and women from the law?
Arguably yes. It means that heterosexuals are only recognised in law by their gender identity appearance and mannerisms, etc.
Gays and lesbians are only recognised in law by their appearance and mannerisms, etc.
Gender fluid (transgender) anti-discrimination and marriage law erases the biological man and woman in law and culture. They erase the biological reality of being gay, lesbian, bisexual … and heterosexual.
Do Australians really want “equality” to abolish the biological reality of men and women?
Q: Transgender (gender fluid) theory seems to have a problem!
Yes. The problem is that all gender fluid (transgender) terminology is defined against biological, binary, male and female sex. Persons on a spectrum of male-to-female, as advocated by the Safe Schools Coalition (p 34), are defined against binary male and female. Non binary gender fluid (transgender) identities, like those on Facebook or Tumblr, are defined against binary male and female. Even genderless is defined against binary male and female. In which case, either we are all trans or nobody’s trans.
As Rebecca Reilly-Cooper, a political philosopher at the University of Warwick in the UK, says, “[t]he logical conclusion of all this is: if gender is a spectrum, not a binary, then everyone is trans. Or alternatively, there are no trans people. Either way, this a profoundly unsatisfactory conclusion …”.