A transsexual woman in Hong Kong won a groundbreaking court appeal Monday allowing her to marry her boyfriend and forcing the government to amend the marriage laws.
The woman in her 30s, known in the Court of Final Appeal as "W" under anonymity rules, overturned earlier verdicts that said marriage is only allowed between couples who were of the opposite sex at birth. The woman underwent sex realignment surgery more than five years ago.
She argued that her post-operative gender is recognized by the law and that previous rulings were a violation of her constitutional rights.
The Registrar of Marriages had argued that she could not get married because her birth certificate - which cannot be altered under Hong Kong law - said she was male.
The court said in a judgment that it is contrary to principle to focus merely on biological features fixed at the time of birth, adding that existing laws impair W's right to marry. It also said the nature of marriage had "undergone far-reaching changes" in Hong Kong.
"This is about sexual minorities being recognized and their rights are just as important as everyone else's," W's lawyer, Michael Vidler, said of what he called a "landmark decision."
W, who was not in court Monday, said she is very happy that the court now recognizes her desire, adding that she believes that aside from herself, the other girls that have had surgery can also marry.
The decision will be suspended for 12 months allowing time to amend the marriage laws. "The decision may affect the willingness of the government to accept changes in light of modern gender issues or rights of minorities," Hong Kong Human Rights Monitor director Law Yuk-kai said.
Between 2008 and 2012, 16 sex reassignment operations were conducted at public hospitals in Hong Kong. The Chinese mainland has allowed transsexual people to marry the opposite sex since 2004.
Global Times - AFP
Copyright ©1999-2011 Chinanews.com. All rights reserved.
Reproduction in whole or in part without permission is prohibited.
