Rodney Croome of Australian Marriage Equality is reported as having given GNN/SX News the following statement:
“In Tasmanian law everyone is legally considered either male or female, including intersex people, so everyone not able to marry under the federal opposite-sex marriage law would be able to marry under the state same-sex marriage law,” Croome told SX.
We note that a lack of legal recognition of intersex people did not prevent an annulment, In the Marriage of C and D (falsely called C). From that judgment in the Brisbane Family Court:
The husband … had been diagnosed as an hermaphrodite and had undergone certain operations … The wife … did in fact believe that she was marrying a male. She did not in fact marry a male but a combination of both male and female, notwithstanding the fact that the husband exhibited as a male.
Queensland law is no different to that of Tasmania, in relation to intersex, and Rodney’s position does more than ignore this ruling.
Sadly, he is also saying that, because Tasmania does not recognise intersex people, there is no problem for intersex people. This is precisely the same argument used by some opponents of marriage equality, when they state that gay and lesbians are free to enter into heterosexual marriages, so there is no problem with existing marriage law.