Such laws require certain LGBTI Tasmanians to divorce their partner if one of them undergoes a gender transition and subsequently changes their birth certificate to reflect the fact.

On December 6, 2017, the Commonwealth Marriage Act was amended to ensure that all states removed the requirement for forced divorce. 

Since then, Victoria, New South Wales, South Australia, the Australian Capital Territory and Queensland have removed the requirement.

Only Tasmania, Western Australia and the Northern Territory are yet to change the laws.

The state government now has roughly six months to implement the change, under the Tasmanian Births, Deaths and Marriages Act. 

In a budget estimates hearing on Thursday, Greens justice spokeswoman Rosalie Woodruff asked Ms Archer what her opinion was on the current state of the act in relation to gender reassignment.

This prompted Ms Archer to confirm the government would be endeavouring to repeal the forced divorce law.

The Tasmanian Gay and Lesbian Rights Group welcomed the commitment to removing the forced divorce law, but said more needed to be done in regards to the rights of transgender and gender-diverse people in Tasmania.

“This is just one of the unnecessary hurdles to fair and equal treatment,” TGLRG spokesperson Martine Delaney said.

“We are talking to the government about also removing the requirement that transgender people must have surgery before their gender is officially recognised on their birth certificate.”

In estimates, Dr Woodruff raised the case of a person who had recently undergone breast removal surgery in order to better reflect their gender identity.

The Greens MP noted the procedure did not fit the definition of gender reassignment under the act.

Ms Archer said she was aware of the issue.

“This issue deserves its attention in its own right,” she said.

“I have got some appointments that have already been made in this regard relating to this issue.”

The Examiner