High Court recognises gender diversity

In a landmark ruling, the High Court upheld Norrie’s right to have hir sex recorded as “non-specific” in the NSW Register of Births, Deaths and Marriages. The opening line of the unanimous judgment rejected the idea that gender is binary: “Not all human beings can be classified by sex as either male or female.” Simon Rutherford of A Gender Agenda, which appeared in the case as amicus curiae, said, “This a fantastic decision for gender diverse and intersex people, who simply want to be recognised for who they are.” The case was based on interpretation of NSW legislation, so it will not be directly applicable elsewhere, but it is an important step in a trend towards “bring[ing] the law into line with social understandings of sex and gender diversity.”

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