OII Australia has commented on the Australian High court Case New South Wales Registrar of Births, Deaths and Marriages v Norrie, noting that Australian regulations and legislation since 2003 have had a similar trajectory in the recognition of a third classification of sex or gender:
The High Court has ruled that NSW laws do permit the registration of a third classification other than male or female.
Our concern has been predominantly with the fine print: ensuring that the diverse gender identities of intersex people are recognised.
It appears from the Judgement Summary that the High Court has recognised this diversity, and has chosen the neutral term, “non-specific”. We are greatly relieved by this welcome decision. We welcome the High Court’s statement in respect of the decision of the Court of Appeal.
We welcome this assessment. We hope that the media will respect the difference between intersex and transgender, and acknowledge Norrie’s gender classification as “non-specific”.