CASE NOTE ASSIGNMENT:
I INTRODUCTION
Registrar of Births, Deaths and Marriages (NSW) v Norrie (2014) 250 CLR 490 established an express recognition of a person’s sex being other than male or female. Chief Justice Robert French, Justice Ken Hayne, Susan Kiefel, Virginia Bell and Patrick Keane formed the Bench at the High Court of Australia.
II PROCEDURAL HISTORY
Norrie requested a review of the Registrar’s refusal to record her sex as “non-specific” . The Administrative Decisions Tribunal and its Appeal Panel however supported the Registrar’s decision . This judgement was held on the premises that the Registrar had no explicit power to register her sex as any other than that of “male” or “female”, under the presumptions of the Act.
The case was then taken to the Supreme Court of New South Wales under s 119 of the Administrative Decisions Tribunal Act 1997 (NSW) , where the Court decided in Norrie’s favour. It was stated that,
‘Gender should not be regarded merely as a matter of chromosomes. It is partly a psychological question, one of self-perception, and partly a social question, how society perceives the individual.’
The Court ordered a remittal to the Tribunal, ordering further investigation on Norrie’s specific sex classification. This was done due to the belief that the Act proposed that Norrie might be classified by a category other than male or female, particularly, “intersex”, “transgender” or “androgynous”.
III FACTS
In 1989, Norrie had undertaken a
The case was brought forward to the NSW Supreme Court in 2001 whereby Judge Hulme ordered both Respondents as negligent. This decision was reversed by the Supreme Court of Appeal whereby the judgement was granted in favour of the Respondents. This case affirms the previous decision.
This legislation has recognised the discrimination, prejudice and stigma that transsexuals often suffer establishing clear rights for transsexual people.
A handful of individuals are apparently permitted to opt out of the options altogether by declaring themselves ‘agender’, saying that they feel neither female nor male, and don’t have any internal experience of gender. There is no known explanation as to why some people are able to refuse to define their personality in gendered terms while others are not, but one thing that is clear about the self-designation as ‘agender’: we cannot all do it, for the same reasons we cannot all call ourselves non-binary. The United States has never offered these options outside of male and female, until last December when Sara Kelly Keenan received the first ever
The formation of gender identity is not completely understood as it is much more complex than just getting a sperm and egg cell to join; an XX or an XY genotype is only the first part in gender identity. There are many biological, psychological and sociological factors involved. The biological includes chromosomes, gonads, prenatal hormones, internal accessory organs, external genital appearance. The psychological includes assigned gender role and gender identity. The sociological could come from family, mass media and society (Kenyon, PhD, 2006). Sammons (2007) states that biological psychology
There are several sources that tell a person how to be a man or woman. Science tells us by recognizing the X or Y chromosomes. The media shows us through the physically ideal celebrities that grace the covers of magazines and flaunt their bodies in commercials. Sports, wrestling, cars, and blue for the boys. Dresses, make-up, painted nails, and pink for the girls. All of these sources, as well as others, have evolved into an expectation that has become institutionalized within society. This expectation, is placement and belonging into the binary system of person: the man or the woman. In Anne Fausot-Sterling's acrticles “The Five Sexes” and the “The Five Sexes, Revisited”, the
Society demands strict imposition of gender expectations and must constantly be reassured of the traditional gender and sexual binary. A gender binary is a biopolitcal regulation of masculinity and femininity identity while the sexual dimorphic system theorizes the existence of only two bodies distinguished by their reproduction capacities. However, the “regime of ‘sperm and egg cell carriers’ is going astray” (Preciado 105). In As Nature Made Him: The Boy Who Was Raised as a Girl, John Colapinto reports David Reimer’s frustration of gender identity as a result of faulty and unethical medical procedures. Born as Bruce Reimer, David is accidentally circumcised, deprived him of a functional male reproduction system. In regulation of imposed societal guidelines of masculinity, he “is incomplete, physically defective, and that he must live apart” (Colapinto Chapter 1).
Gender is often related to how we are perceived and how we are expected to think and act, usually due to the way that society is organized, and in fact has little to do with our biological differences. Feminist Sociologist Ann Oakley states ‘most of the debate about gender differences is angled at proving that women are/are not different from men, rather than proving that men are/are not different from women. If this facts needs explaining, it is enough to point out the bias of our culture is still patriarchal…’ (Oakley,
The United States and England are two of the most modernized countries in the world and share several similarities, one of which being that the justice systems of both countries play their role in the victimization of transgender inmates. Vicky Thompson was a transgender woman, who was sentenced to 12 months in an all male facility in Leeds, England. Within the third month of her sentence, Thompson committed suicide after her lawyer was unable to get the justice system to recognize Thompson as a woman (Kale, 2015). Furthermore, in the United Kingdom, transgender people are required to apply for a gender recognition certificate in order to have their legal gender, which is stated on their birth certificate, changed to the gender which they
Of course, this is not the politically correct position in this country where much popular opinion has given rise to gender neutrality among other asinine ideas. There is a dichotomy between biological and cultural perspectives of how human variation is viewed, especially apparent in both race vs physical appearance and gender vs sex, which are often highly debated and publicized topics in today’s world. In the following paragraphs I will highlight a few of those disagreements.
2. b) Analyze the continuing pathologization of trans persons gender identity and the role of such pathologization in the evolution of legal regulations. (By pathologization we mean the categorization of trans persons’ gender identity as a mental disorder, i. e. gender dysphoria or gender identity disorder.
The concept of gender has a strong social impact on me. When I was born, I was immediately assigned to a biological sex as a female with two X chromosomes. I was then socially classified as a girl in the society with feminine gender roles. Gender is defined as a social principle which attribute to the roles and expectations of males and females through the years of different societies (Phillips, 2005). Gender can be considered as behavioural, cultural and psychological traits
A handful of individuals are apparently permitted to opt out of the spectrum altogether by declaring themselves ‘agender’, saying that they feel neither female nor male, and don’t have any internal experience of gender. There is no known explanation as to why some people are able to refuse to define their personality in gendered terms while others are not, but one thing that is clear about the self-designation as ‘agender’: we cannot all do it, for the same reasons we cannot all call ourselves non-binary. The United States has never offered these options outside of male and female, until last December when Sara Kelly Keenan received the first ever U.S. birth certificate that read "intersex." In other countries, the third option is available as an option on all government documents ranging from birth certificates to passports. If a few people are able to get birth certificates and other government issued documents that
In today’s society exists the ethical dilemma referred to as unisex which can be actively described as the direct efforts to blur the line separating male from female. According to most, this is done to further the idea of equality between men and women. But to others it is a moral concern that ultimately could be detrimental to the members of the affected society. Avoiding a consequence such as this would thusly mean promoting the ideas encapsulated within the moral frame of Utilitarianism. This essay will showcase the problem with unisex and its relationship to the utilitarian. It, however, is necessary, first, to elaborate on the topic of unisex to better define and emphasize its problematic features. Unisex is defined as: (Adjective) of, designed, or suitable for both sexes; not distinguishing between male and female; undifferentiated as to sex. Or (Noun) The state or quality of being unisex, also referred to as ‘Gender-Blindness’. This term ‘unisex’ is used in opposition to the act of Gender-Specification, which is the separating of labels or items- boy or girl, for Women or for Men. Though the term ‘unisex’ was popularized in the early 1960’s, the demand for things to be categorized as such, grew exponentially in the early 2000’s and peeks in 2016. This is due to the growing influx of people verbalizing and arguing their disapproval over gender specification, parents especially.
Sarah Richardson’s, “Sex Itself” discusses the history surrounding genetics and the relentless search for sex determining genes and the underlying genetic basis for sex differences. Richardson begins “Sex Itself” with an introduction to human genetics, explaining that the human genomes are 99.9% identical, however despite this there has been an ongoing search for the biological cause of female and maleness since the 19th century. Richardson early on asserts her view explaining that sex is not a single factor, rather a dance of chromosomes, genetics, hormones, and phenotypic expression. Throughout the entirety of the book, Richardson examines how social norms affect biological understandings of sex, and the complex ways gender politics
Our text did suggest that there are several ways that genetics influence gender identity. My gender identity is influenced by my genetics because I was raised by my great grand parents. This means I am more apt to take on the old fashioned ways or believing in what a woman should act or be. I think that my gender identity has been shaped by the environment that I was raised in. I think that some evidence to support this would be that I do believe that me as a woman should do the cooking and cleaning. A woman should be married to one man in her life. A woman place in the world is behind her man. A woman must be able to do what a man does and work as hard as they can.