Lawmakers in Australia are considering removing the gender option on a baby's birth certificate as part of a review of gender reassignment laws. WA’s Law Reform Commission recommended a baby's sex not be recorded on their birth certificate but would still be recorded by the Registrar of Births, Deaths, and Marriages. The review was part of a request by the State Government to consider measures to modernize the law.
The new propositions would consider removing the need for a person to undergo a medical procedure to have their gender identity legally recognized. In place of a medical procedure, people could apply to the registrar for a new "Proof of Gender" or "Proof of Sex" certificate. The current laws require a person seeking to change their gender identity to get approval from the Gender Reassignment Board.
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The proposed changes also include adding a third category to the registrar making the new options male, female, and "non-binary". A person would be able to change their gender identity three times in their lifetime before having to go through a court process. The new changes could allow minors age 12 and above to seek a certificate to formally change their gender but they will still require permission of both parents.
The idea behind the proposed changes would be to reduce the pressure on parents of intersex children to assign a sex to their child. The intersex community voiced their concerns before the commission saying they were "concerned with the practice of medical, especially surgical, intervention being used to ‘normalize’ a child’s sex characteristics." The proposed changes would give parents of intersex children more time to seek medical advice and "consider the consequences of any intervention".
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The commission said, "While at first glance the proposed reform might appear heretical given the assumed importance of birth certificates … the content of birth certificates has changed over time." The report also recognized the importance of distinguishing between sex and gender, sex being the biological aspect describing physical features and gender being a social construct.
Commission chairman and barrister Dr. David Cox said they found no legal reason why sex classifications were needed on birth certificates. Cox was adamant about his opinion that there should be no opposition to the new laws. "The reaction we get should be, 'That's interesting, let’s get on with our life, we’ve got better things to do with our time'," Cox said.
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Cox added, "For the vast majority of the population it’s not going to make one iota of difference … it’s not going to affect the fabric of government, it’s not going to affect the fabric of society, it’s not doing anything really but it’s going to make life a lot easier for a small group of people. Is that a problem?"
If it is not going to affect the fabric of society, then why change the law for only a small group of people? This seems more like progressives trying to normalize giving very young children hormones. And of course, Cox uses the logic that a typical liberal does when they are trying to convince normal people of their insane ideas: "Well if you don't agree you must be trans-phobic".
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