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Australia[edit]

In 2014, the Australian High Court legally recognized non-binary as a category for people to identify with on legal documents. After a citizen named Norrie made a request for a third gender identity on legal documents and was eventually denied, Norrie chose to take the matter up with Australia's Human Rights Commission and their Court of Appeal. After a four-year long legal battle beginning in 2010, Norrie finally won the case. From this and the legalizing of the matter in New South Wales, the Australian Capital Territory made the decision to pass a law which recognized non-binary identities. Though this is a step in a positive direction for non-binary identifying Australians, the law currently lacks concise policies on marriage licenses and recognition of partnership for non-binary people. Because of this, Australians registered as non-binary may not be able to legally marry.

In addition to marriage issues, the non-binary marker for Australian citizens requires proof of gender confirmation surgery. Because non-binary people live outside of the gender binary, they may not wish to obtain gender confirmation surgery. The people not wishing to do so ultimately will not be able to register as non-binary until this portion of the law is amended. The law also currently misconstrues the widely-accepted definition of non-binary, including intersex people under that umbrella term rather than placing them under the term of transgender or in their own category [1].

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