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The Laws and Notable Events

2010 – The ban on transgender people in the military is removed.

2010 – NSW same-sex couples are legally allowed to adopt.

2012 – The first Out In The Open Festival in Shepparton.

2012 – Passports now include ‘x’ as an option for gender.

2013 – ‘Gender identity disorder’ is removed from the DSM. Transgender people will now be diagnosed with ‘gender dysphoria’.

2013 – TAS same-sex couples are legally allowed to adopt.

2013 – ACT – passes same-sex marriage legislation, which is quickly quashed by the High Court.

2013 – Transgender children no longer require family court approval for puberty blockers.

2014 – NSW removes the gay panic defence.

2014 – ACT allows transgender people to legally change their gender without having any sort of medical transition.

2016 – Premier of Victoria, Dan Andrews, issues a formal apology for the state’s history of anti-LGBT+ laws.

2016 – ACT ‘non-binary’ is legally recognised as a gender.

2016 – SA allows transgender people to legally change their gender without having any sort of medical transition.

2016 – VIC same-sex couples are legally allowed to adopt.

2016 – QLD equalises the age of consent for heterosexuals and homosexuals to 16 years old.

2016 – QLD same-sex couples are legally allowed to adopt.

2016 – NSW police and state government apologise for the 1978 Mardi Gras arrests and beatings.

2017 – Same-sex marriage is legalised across all states.

2017 – SA ‘non-binary’ is legally recognised as a gender.

2017 – SA same-sex couples are legally allowed to adopt.

2017 – QLD removes the gay panic defence.

2018 – NT same-sex couples are legally allowed to adopt.

2018 – NT ‘non-binary’ is legally recognised as a gender.

2018 – NT allows transgender people to legally change their gender without having any sort of medical transition.

2018 – NSW removes law that required transgender people to divorce their partners in order to transition.

2019 – TAS removes law that required transgender people to divorce their partners in order to transition.

2019 – TAS ‘non-binary’ is legally recognised as a gender.

2019 – TAS allows transgender people to legally change their gender without having any sort of medical transition.2019 – VIC allows transgender people to legally change their gender without having

any sort of medical transition.

Same-Sex Marriage Equality The Marriage Act 1961 stated the circumstances under which a marriage was to be considered valid in Australia. The Act recognises the union of two people by a celebrant with at least two witnesses, excluding traditional Aboriginal unions and same-sex marriage. Prior to 1961, each state and territory had its own laws regarding marriage. It was only in 2004, under the Howard Government, that the definition was changed to “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.” The amendment prevented recognition of overseas and same-sex marriages. From 2004 to 2017, the call for marriage equality was growing. In 2013, ACT almost passed a law legalising same-sex marriage before it was struck down by the High Court. In 2015, the Turnbull Government decided between a plebiscite and a constitutional referendum. A plebiscite is used to discover the popular vote on a topic, and does not require any legal force. A constitutional referendum requires the government to change the constitution according to the vote of the people. The request for a plebiscite or constitutional referendum was rejected by the Senate. In 2017, the Turnbull Government took a different approach. They conducted a postal survey, which doesn’t need the Senate’s approval. The survey asked: “Should the law be changed to allow same-sex couples to marry?” Australians of voting age could answer “yes” or “no”. The vote was 61.6% yes.

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(This image and related history are part of the Our Queer History Museum project.)