Focus on transgender rights 6: discrimination not sex but marriage
http://lgbtlawblog.blogspot.com/2008/03/focus-on-transgender-rights-6.html (http://lgbtlawblog.blogspot.com/2008/03/focus-on-transgender-rights-6.html)
In AB v Registrar of Births, Deaths and Marriages, AB was a post-operative, married male to female transgendered person who, after being refused a change to the gender on her birth certificate due to her being married (although separated), sought an order that the Victorian Act had discriminated against her in breach of the Commonwealth Sex Discrimination Act.
Her application was refused 2-1 by the Federal Court. The nubs of the cases were: