Imagine being a transgender person, undergoing expensive and invasive gender affirmation surgery, and still being told you were unable to have your sex legally updated on your birth certificate unless you were willing to file divorce from your spouse. This is currently the situation for many Australians who are affected by archaic legislation in the Births, Deaths and Marriages Registration Act.
For decades, a significant portion of married transgender Australians have been forced to legally divorce their partners in order to have their sex legally affirmed on their birth certificates. Initially, the law’s purpose was to close a "loophole" to marriage equality (back when it was still illegal) -- in that, if a trans person’s legal sex matched that of their spouse, they would technically be in a same-sex marriage. It’s a particularly cruel piece of legislation, which currently exists in all states and territories besides South Australia and the Australian Capital Territory.