Originally Posted by Su-san
Just wondering.... does anyone know what the law is in Australia? (NSW to be presice)
I'm not from Australia but I thought it would be interesting to find out how this issue actually is handled by law. The law should be as clear as possible but as often, the exact interpretation can go in more than one way. In this case, it apparently depends:
- if you're a 'recognized' transgender. Then you should be treated as the (cross) gender in all cases and anti-discrimination laws actively support you.
- if you're not a 'recognized' transgender but do have a preferred cross gender. Then at:
in the section under 'Being treated as your preferred gender' it states:
'If you are not a recognised transgender person, the law is not quite so clear. However in most cases you should be able to attend single sex activities and use the toilets of your identified gender — see under “What are my work rights?” on page 3.'
The whole document smells like 'uh we have no idea how the law should be interpreted if you're not 'recognized' transgender'. If you run into trouble (e.g. if you can't get in a single-sex school of your preferred gender), they advise you to contact the Anti-Discriminatory Board. The main problem is, there don't seem to have been any court cases to get to know how judges rule using existing law, so I'm assuming people always work it out without getting into legal combat. So that sounds like a sane country/district actually!
- if you're not any kind of transgender (e.g. merely a cross player). It's then probably safe to assume you should use the toilet for your biological gender to prevent getting into any kind of trouble. Given the apparent lack of legal precedents I can't imagine you'd get into a whole lot of trouble in NSW, but when in doubt and it's important for you, ask a lawyer.
I'd say the laws need to get up to speed with the fact that you can't just put humanity in two strictly divided 'male' and 'female' sections anymore in the 21st century. But probably that's not high on the agenda of any political party so yeah what can you do to change it, not all that much without a huge number of people supporting change; like what happened for getting equal rights for women in many countries.
Maybe a way out at conventions is for the organization to just stamp 'unisex' on all toilets.