Considering the important, if not central, place that the law plays in the development and maintenance of social regulation, it is not surprising to see how entrenched the heteronormative/cis-normative conception of sex/gender is within Australian law. This paper will examine the current position in law regarding the recognition of transgender, intersex and other non-binary genders within Australian law, focusing on the ability given to adults to register change from their assigned sex/gender at birth in acknowledgement of their self-identified gender outside the gender binary. This will involve an examination of the historical development of the understanding of sex/gender in UK, Australian and international law,  before turning to a close examination of the current Births, Deaths and Marriages Registration (‘BDMR’) laws in Queensland (as an example of the continued persistence of a bio-medical model within Australian law), compared to the more progressive reforms in Tasmania and Victoria (as examples of a move towards a self-identification model of sex/gender).
My critique will involve exploring various aspects of queer and feminist theories that relate to how sex/gender could be conceptualised, the relationship between embodiment and gender, sex as biological fact versus gender as social construct, and of the concept of ‘value-free science’. Applying these various theoretical perspectives, I will critique the relevance of gender in law, and argue for developing towards a genderless society – as envisioned by certain queer and feminist theorists.Continue reading “Recognition of Non-Binary Genders on Birth Certificates: The Case for Gender Abolitionism from Queer & Feminist Perspectives”