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Transsexual ‘marriage’ The Australian Catholic Bishops Conference “will be watching with considerable interest” what the Federal Attorney-General does regarding the Family Court’s decision to validate a transsexual marriage, says research fellow Dr Warwick Neville. The court may have opened the door for the recognition of any sort of relationship, he says. The decision by a Full Bench of the Family Court related to the marriage of “Kevin”, who was born female and “Jennifer”. They have since had two children through IVF. They won a case in 1999 before a single judge of the Family Court to have their marriage validated, but Federal Attorney-General Darryl Williams appealed the decision. The full bench ruled against the appeal in a decision that touched on the meaning of marriage and redefined the meaning of “man” to include a “post operative transsexual”. It also rejected the argument that procreation was a principal purpose of marriage and said that marriage did not need to be consummated to be considered valid. The Federal Government has made no decision yet on whether it will appeal against the finding. It is still taking legal advice. Dr Neville says the court has reinterpreted the meaning of marriage. “The Catholic Church was not involved in the case, but of course we monitored it and we would support an appeal to the High Court in principle,” he said. “As it stands now this ruling is the most authoritative statement regarding the legal interpretation of marriage. “An appeal would be based on previous High Court decisions relating to the definition of marriage and whether the interpretation by the Family Court of the definition under the Family Law Act and the Marriage Act is valid. “This case is not about the success or otherwise of a transsexual surgical operation, but of jurisprudence, or legal principles regarding the definition of marriage per se.”
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