Legal

Articles about legal cases and judgements, and policing matters. Read our briefing papers on bodily integrity, discrimination, identification documents and detention

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The Family Court case Re: Carla (Medical procedure) [2016] FamCA 7

The Family Court has recently published a decision on the sterilisation of a 5-year old child and, unfortunately, it reveals that: earlier genital surgery that “enhanced” her genitals without Court approval was viewed without concern, and with no evidence of necessity. The idea of “enhancing” the genitals of an infant or young child is disturbing….
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Third International Intersex Forum, 2013

High Court: NSW Registrar of Births, Deaths and Marriages v. Norrie

Update: We welcome the High Court judgement to recognise Norrie as having “non-specific” gender. We take no pleasure in having to comment on this case, currently before the High Court, Australia’s highest court, which has a hearing likely to be heard on 4 March 2014. However, the case raises the stakes for intersex people in…
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On Norrie v NSW Registrar of Births, Deaths and Marriages

This is an analysis of the NSW Court of Appeal judgement in the matter of Norrie v the NSW Registrar of Births, Deaths and Marriages (BDM), in relation to its relevance to intersex people. Update The case has now been appealed to the High Court by the NSW government. Our briefing paper on the High…
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Groundbreaking US law suit filed on genital surgery

Advocates for Informed Choice, the Southern Poverty Law Center, pro bono lawyers and parents Pam and Mark Crawford have filed “the first ever impact litigation lawsuit” against the state of South Carolina Department of Social Services, the Greenville Hospital System, Medical University of South Carolina and individual employees for, AIC state, “performing an irreversible and…
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Parliament

Second submission to Senate Inquiry on involuntary sterilisation; the Chief Justice of the Family Court on infant clitorectomy

The Senate’s community Affairs Reference Committee is currently conducting an inquiry into the involuntary or coerced sterilisation of people with disabilities, and intersex people. The deadline for submissions was 12 March, and the Committee has just published a supplementary submission (PDF) by OII Australia, alongside submissions by the AISSGA, People with Disabilities Australia, the National…
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Intersex people and marriage, an analysis by Gina Wilson

In the light of debate around same sex marriage, marriage equality and the legal recognition of intersex people, Gina Wilson writes on the marriage rights of intersex people. The first thing to address is our right to marriage of any sort. When the Howard government proposed changes to the definition in the Marriage Act so…
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Intersex legislative issues 2012 – a brief summary

Please note that this document is no longer current, nor an accurate guide to the demands of intersex advocates in Australia. It has been superseded by the Malta Declaration, a Senate committee inquiry into the “Involuntary or coerced sterilisation of intersex people” and the 2017 Darlington Statement.