AB v Registrar of Births, Deaths and Marriages

AB, a post-operative transsexual person, sought to have the record of her sex in her birth registration altered to reflect her gender identity. The Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 (Vic) refused AB's application to alter her birth registration on the basis that she was currently married. AB contended that this refusal constituted discrimination on the ground of marital status contrary to the Sex Discrimination Act 1984 (Cth). AB appealed against the Registrar's refusal to this Court, seeking a declaration that the Registrar had unlawfully discriminated against her on the ground of her marital status and an order that the Registrar alter the record of her sex in her birth registration. AB also sought compensation. The legal issues in this case centred on whether the Registrar could alter the sex as stated in the birth registration of a married post-operative transsexual person and whether the Victorian legislation was inconsistent with s 22 of the Sex Discrimination Act 1984 (Cth). The court examined the relevant provisions of the Sex Discrimination Act and the Births, Deaths and Marriages Registration Act 1996 (Vic), as well as the Constitution, to determine whether the State law was inconsistent with the Commonwealth law. The court concluded that the Registrar could alter the sex as stated in the birth registration of a married post-operative transsexual person, and that the Victorian legislation was inconsistent with s 22 of the Sex Discrimination Act. The court allowed the appeal, finding that the Registrar had unlawfully discriminated against AB on the ground of her marital status and ordered the Registrar to alter the record of AB's sex in her birth registration. The court made no order as to costs.