Norrie wins case against gender binary

Norrie wins case against gender binary

After a legal fight spanning several years and five levels of courts and tribunals, transgender activist Norrie mAy-welby has finally prevailed in the nation’s highest court.

The High Court of Australia today dismissed an appeal from the NSW Registrar of Births, Deaths and Marriages and upheld a NSW Court of Appeal decision allowing a person to be recognised as neither ‘male’ nor ‘female’ on their birth certificate.

The judgment stated that “not all human beings can be classified by sex as either male or female”.

Norrie first applied to be identified as sex “non-specific” in 2010. Yesterday’s High Court judgment was unanimous and Norrie’s solicitor, Scott McDonald, described the verdict as decisive and “a very positive outcome”.

The court’s ruling demonstrates “there is nothing in the enabling legislation…to limit sex to a binary concept of being male or female, even in the circumstances of a sex change”, Mr McDonald said.

“We now know that our existing laws are capable of including and recognising sex and gender diverse people.”

At a press conference in Sydney, Norrie told of their relief and joy at the final outcome.

“I am extremely excited, this is a marvellous victory, it’s a fantastic thing not just for one person but for the huge team of people who worked towards this,” they said.

Mr McDonald suggested the High Court verdict could open up the opportunity for people to register as genders other than “non-specific”, which was Norrie’s preferred term.

He said the decision would have Australia-wide implications and although by no means a world first, was an issue that had not been tested before at the High Court level.

Mr McDonald said the Registrar had “a fairly tough day in court” on March 4, when the case was heard in a succinct session by five High Court justices.

Norrie told reporters it was an important step in securing equality for gender diverse people.

“It’s important for people to have equal rights in society,” they said.

“Why should people be left out because they’re not male or female?”

With characteristic flair Norrie flagged their intention to celebrate with a few friends and wait for the Registar to “cough up the goods”.

“It’s [been] swings and roundabouts but I’m on Wikipedia now,” they said with a smile.

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