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HUMAN RIGHTS and DIVERSITY IN SEXUAL ... - FTM Australia

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Re Kevin (3)<br />

The Fundamental Task of the Law<br />

“…the fundamental task of the law…, in a legal <strong>and</strong><br />

social context that divides all human beings into male<br />

<strong>and</strong> female, is to assign individuals to one category or<br />

the other, including individuals whose characteristics<br />

are not uniformly those of one or other sex.” (para 315)<br />

“It is clear from the <strong>Australia</strong>n authorities that postoperative<br />

transsexuals will normally be members of<br />

their reassigned sex” (para 329)<br />

Chisholm J - at Re Kevin: Validity of Marriage of Transsexual (2001) 28<br />

Fam LR 158; [2001] FamCA 1074

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