A Brisbane Family Court case in 1979, In the marriage of C and D (falsely called C), annulled a marriage on the basis that an intersex person cannot be legally married because marriage can only be between someone who is seen to be 100% man and someone who is seen to be 100% woman. The judgement describes C:
“born a male and had been reared as a male”
“diagnosed as a true hermaphrodite”
“underwent surgery which involved restructuring of his external sex organs”
“Marriage as understood in Christendom is the voluntary union of one man and one woman … and since the respondent was a combination of both, a marriage in the true sense could not have taken place and did not exist”
The case was not about the husband’s right to marry, but rather whether or not he was legitimately married. In contrast, the Family Court of Australia case of Re: Kevin determined the right of a transgender man to marry a non-intersex, non-transgender woman.