Queensland Government scraps “discriminatory and outdated” divorce-rule for transsexuals

TRANSSEXUAL people in Queensland will no longer be forced to divorce their partners to have their new gender legally recognised.

The Queensland Government yesterday announced it would scrap the “legal restriction” from the Births, Deaths and Marriages Registrations Act 2003 next week.

Under Section 22 of the Act, anyone who undergoes sexual reassignment surgery in Queensland is made to divorce their partners in order for their new gender to be legally recognised.


Attorney-General and Minister for Justice Yvette D’Ath said she would amend the “discriminatory and outdated” Act in Parliament next week.

“This has caused significant anguish for many gender diverse Queenslanders,” Mrs D’Ath said.

“It has been unjust and unfair that some members of our community have been forced to face the distressing decision of choosing between their marriage and the legal recognition of their gender identity.

“But now that we have marriage equality, this section of the Act can and will be amended, because this government is strongly committed to ensuring our laws support the rights of all Queenslanders.

“The overwhelming Yes vote to marriage equality has given us an opportunity to make sure our laws capture the true fabric of all Queensland families, and I’ll have more announcements in the near future about how we, as a community, can ensure our laws are truly reflective.”

The amendment to the Birth, Deaths and Marriages Registrations Act builds on the Palaszczuk Government’s already proud record on equal rights, including reintroducing civil partnerships, expunging historical homosexual offences and removing gay panic as a defence.