The Federal Government's human rights arm plans to invent a new official status called "intersex" adding it to male and female as a legally recognised gender. The Human Rights and Equal Opportunities Commission wants people to be able to change their gender on their passports and driving licences even if they do not undergo surgery.
And transgender lobby groups say that even this does not go far enough and are demanding a fourth legal gender called "other" for people who feel like their gender is indefinable or changes from day to day.
The extraordinary proposals are contained in a discussion paper quietly issued to transgender and transexual advocates by the commission, a statutory body that advises the Government on such matters.
The paper, entitled "Sex Files - The legal recognition of sex: Proposed reform", says the introduction of the new "intersex" gender is a "key feature of the reform proposal being developed by the commission".
"Recognition of intersex: Persons who cannot or do not identify as either male or female would be able to choose to be identified on their birth certificate and passport as intersex," it says. "A person who cannot or chooses not to undergo surgery would not be automatically ineligible to request a change in their legal sex."
A response to the report by Sex and Gender Education Australia says there needs to be a fourth legal gender for people who are not even "intersex".
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