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Human Rights Through The Rule of Law

By Keyword

Sexual Orientation


Australia

AB v. Registrar of Births, Deaths and Marriages, (August 16, 2006)
Federal Court of Australia

Keywords: Discrimination-Gender/Sex; Sexual Orientation

Brief Summary: Applicant was a married person who had undergone a sex change operation and subsequently applied for alteration of the birth record. The Registrar refused registration based on an Australian law which did not allow alteration of birth records for married persons.

CEDAW: The court held that Australia's Sex Discrimination Act was meant to give legal effect to CEDAW but ultimately held that discrimination on the basis of "marital status" applied only to laws which discrimination against women not to laws which burden both sexes equally.

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New Zealand

Quilter v. Attorney-General, (December 17, 1997)
Court of Appeal

Keywords:Discrimination-Sexual Orientation; Other

Brief Summary: Case alleged discrimination as concerns gay marriage; appellants complained that the Registrar refused to accept their notices of intended marriage. The Registrar claimed that the Marriage Act did not provide for same-sex marriage and the court agreed. The appellant appealed and the court ultimately dismissed.

CEDAW: The Court used CEDAW as a reference in oder to define "discrimination" and the legal obligations that result therefrom.

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United Kingdom

R v. Secretary of State for Trade and Industry, (April 26, 2004)
Queen's Bench Division

Keywords: Discrimination-Gender/Sex; Sexual Orientation; Other

Brief Summary: Claim brought challenging certain provisions of the Employment Equality (Sexual Orientation) Regulations 2003 which exempted organized religion from the prohibition on the grounds of sexual orientation.

CEDAW: CEDAW cited as an international agreement which recognized equality before the law.

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