Getting married in Australia

Today, legal marriage is only between one male and one female.

If you can provide a male birth certificate, and your partner has a female birth certificate, you can legally marry under Australian Federal Law.   This has been law since the re:Kevin case in 2003.

What was the reKevin case about?

This was a successful legal battle by heterosexual Sydney couple, ‘Kevin’ and ‘Jennifer’ who secured the right to have their marriage legally recognised in 2003.

Since reKevin, Australian law has moved away from the biological view of sex.(2) Instead it bases the sex of a man on a group of factors at the time of his marriage. Australian law recognises there are cases where someone at birth may have had female gonads, chromosomes and genitals, at birth, but nevertheless is a man at the date of his marriage.

References

  1. Re Kevin: Validity of Marriage of Transsexual [2001] FamCA 1074 (‘Re Kevin’) and The Attorney-General for the Commonwealth v “Kevin and Jennifer” and Human Rights and Equal Opportunity Commission, 2003.
  2. David F & Blight J (2004).
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