HISTORIC changes to transgender laws have been passed by the Tasmanian parliament after Liberal Speaker Sue Hickey repeatedly crossed the floor to support Labor and the Greens.
The laws mean the recording of a child’s gender on their birth certificate will be optional, that people over 16 will be able to change their gender by declaration and that transgender people will no longer be forced to divorce their partners.
The passage of the laws underlined the Hodgman Government’s tenuous control of the House of Assembly under the fiercely independent speaker.
The final vote was greeted with jubilation by activists, but condemned by the Government.
During an impromptu celebration outside parliament this afternoon, Ms Hickey said the result had been the right one and said she was proud of her role.
“This is a good outcome for parliament and parliamentary process because what we’ve got here is two houses now are in agreement in majority and I am very confident it’s been thoroughly thrashed out,” she said.
“I don’t see this as a win for Labor or Green or necessarily a loss for Liberal.
“I just see it as a win for the transgender community and for commonsense and decency.”
Premier Will Hodgman fought a fruitless battle to stop the laws passing and said it was possible the legislation would repealed at some future time.
“For a heavily-amended Bill to be received back from the Legislative Council and to be called on for debate immediately, particularly in the absence of the Attorney-General from the House, is highly unusual and poor process for making laws that affect all Tasmanians,” he said.
“This legislation has been rushed at every stage by Labor and the Greens, who have ignored the views of Tasmanians and eminent legal stakeholders who have raised concerns and pointed out that there has been no opportunity to undertake a full review of what is being proposed and how it impacts on other statutes.
“Because of the refusal by Labor and the Greens to consider the legal consequences of their amendments, it is highly likely the parliament will need to fix up problems with the legislation and repeal the Labor-Green amendments at a later date.”
Greens leader Cassy O’Connor said the laws had been the culmination of a 15-year campaign and condemned the Government’s stance on the reforms.
“The sun will rise tomorrow morning and the sky over Tasmania will not fall in,” she said.
“All legal issues raised by the Liberal Government have been fully addressed in the Legislative Council’s amended Bill. For the Premier or Attorney-General to state otherwise is simply misleading.”
Labor’s Shadow Attorney-General Ella Haddad said the laws were a big step forward to transgender people.
“The outdated requirement that people undergo invasive surgery to be recognised for who they are is gone.
“There is now a fair, simple process for people to have identity documents that reflect who they are.
“These changes are simple. They will have a tangible effect on the people who need them, without infringing on or diminishing the rights of anyone else.”
Transforming Tasmania spokeswoman Martine Delaney was thrilled by the result.
“This is a historic day for transgender and gender diverse people, not only in Tasmania but around the world,” she said.
“This legislation ranks among the most inclusive and equitable in the world.”
“Today I feel prouder to be a Tasmanian than I have ever felt before.”
EARLIER: STATE Parliament will vote today on law reforms that would allow parents to leave their child’s gender off birth certificates.
Speaker Sue Hickey today voted with Labor and the Greens to bring on debate on the bill.
The legislation will also remove the requirement for reproductive surgery before gender on birth certificates can be changed and would instead allow self-identification through a declaration for people aged 16 and older.
Greens leader Cassy O’Connor spoke passionately in favour of bringing on the debate.
“This House has a responsibility, here, today, to deal with this amendment Bill,” she said.
“Delaying debate on this Bill will be harmful.”
She described the Government’s position on the Bill as “odious”
“We will support every amendment the Upper House has sent to this place,” she said.
“This is robustly drafted and tested legislation in the Upper house.
“We have just heard a threat from the Premier to repeal this legislation. You people need to get over the fact that you don’t control this house, that you don’t own the parliament.
“We know that when today is over and the law is changed, people who have been stigmatised under Tasmanian law since forever will breathe a sigh of relief.”
Premier Will Hodgman said under the new legislation there were no limits to the number of times a person could change their gender.
But his comments were rejected by Greens leader Cassy O’Connor.
“You are feeding into the myth that transgender people will treat transitioning as trivial,” she said.
“The premier has not spoken to enough transgender people about their lived experience of claiming their identity.”
Ms Haddad also dismissed Mr Hodgman’s claims.
“I don’t know what kind of world the Premier is living in, what world he imagines transgender people are living in.
Leader of Government Business Michael Ferguson said consideration of the Bill should be delayed due to the absence of Attorney-General Elise Archer, due to a death in her family.
“With the extensive range of amendments, the Government needs time to look at them.
“The House should not be hastily ramming these amendments through without proper advice, without proper consideration.”
“We say this is unseemly haste, an improper use of the House.
“This is a dog’s breakfast, it has problems at law … significant, deep problems with these Labor-Green amendments.”
Labor’s David O’Byrne spoke in favour of having the Bill considered today.
“You are promoting hate, you are promoting division, you have promoted misinformation. You have every trick to deny the will of both houses to have this bill considered,” he said.
“We know what’s going on here and it is absolutely disgraceful.
“Both houses have considered this Bill at length and have worked through the issues that you say have been raised.
“Those matters have been resolved.”
Premier Will Hodgman said the Bill needed further consideration.
“There has been no opportunity to have a full review of what has been proposed and how it affects other statues,” he said.
“We certainly do not rule out repealing the amendments either in part or in full.”
Labor’s shadow Attorney-General Ella Haddad said debate on the law reforms had gone on for long enough.
“There has been extensive consultation over years over these issues,’ she said.
“There has been such an enormous scare campaign, that the Government has done nothing to dampen, they have in fact fuelled the flames.
Source : The Mercury
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