After a little more than two weeks of deliberation the WA Gender Board has decided to reject my application for a Gender Recognition Certificate on the basis of section 15 (3) The so called “Forced Divorce” clause.
All aspects of my application were covered in the summation document, which includes the board’s assessment of my documentation and a full review of their assessment relating to counselling, social integration, and medical treatment for the purposes of transition.
I tried hard, and raised what I believed were valid and strong legal challenges to section 15(3) and to be fair to the Board, they clearly did a great deal of work to assess my challenges thoroughly in the context of the relevant act.
With regards to my challenge on section 109 (the inconsistency between State vs Federal law) I accept that their decision is correct and cannot be tested further. This was a long shot anyway, and relied on proving a direct inconsistency between a right granted by Federal Law and removed by the State Act.
On the other challenge relating to section 117 (interstate discrimination) I remain unconvinced that their interpretation of this section is consistent with the intention of the authors of that section of the constitution. It is however apparent from reading lots of case history on section 117 that there has yet to be a really definitive reading of this law.
If I am completely honest after a weekend of feeling closer to “giving up on everything” than ever before, I am not sure I have the stomach for a further fight. Section 15 (3) Is wrong on every level. It will eventually be repealed, it has to be ! The federal Government has issued a very clear message to State Law makers on this issue. However for the foreseeable future it is also the Law.
It was on the news today that Queensland has removed their version of 15 (3) So, my plan is to see if I can learn a timeframe for the repeal of the offending law here in WA. If it is not close, I will lodge an appeal, even if this only serves to keep the pressure on the State Attorney General and drive some progress towards obliterating this discriminating statute, and sending it to the history books where it belongs.
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