News and Events => Political and Legal News => Topic started by: matt on May 13, 2013, 04:47:55 AM Return to Full Version
Title: Hong Kong court supports transsexual right to wed
Post by: matt on May 13, 2013, 04:47:55 AM
Post by: matt on May 13, 2013, 04:47:55 AM
Transsexuals were previously banned from marrying even post-op and changing their identification documents because Hong Kong does not allow trans people to change their birth certificates.
Those supporting the ban say that allowing trans people to get married would be like legalising gay marriage, which is a controversial issue in Hong Kong. However, after a lengthy legal battle, a transwoman has today won her right to marry her boyfriend.
See BBC article from a few hours ago: http://www.bbc.co.uk/news/world-asia-china-22506472 (http://www.bbc.co.uk/news/world-asia-china-22506472)
Details of the article:
Hong Kong court supports transsexual right to wed
A Hong Kong transsexual has won the right to marry her boyfriend, following an appeal to Hong Kong's top court.
The Court of Final Appeal ruled that Hong Kong's current law, which barred the transsexual woman from marrying her male partner, is unconstitutional.
The woman, identified only as W, underwent gender change surgery at a public hospital a few years ago.
Hong Kong's marriage registry had refused her request because her birth certificate still classes her as male.
"The right to marry guaranteed by our constitution extends to the right of a post-operative transsexual to marry in the reassigned capacity," the majority ruling, co-written by Chief Justice Geoffrey Ma and Permanent Judge Robert Ribeiro, said.
"In present-day multi-cultural Hong Kong where people profess many different religious faiths or none at all... procreation is no longer (if it ever was) regarded as essential to marriage," it added.
The ruling said that references to "woman" and "female" in Hong Kong's marriage law should include post-operative male to female transsexuals.
Those supporting the ban say that allowing trans people to get married would be like legalising gay marriage, which is a controversial issue in Hong Kong. However, after a lengthy legal battle, a transwoman has today won her right to marry her boyfriend.
See BBC article from a few hours ago: http://www.bbc.co.uk/news/world-asia-china-22506472 (http://www.bbc.co.uk/news/world-asia-china-22506472)
Details of the article:
Hong Kong court supports transsexual right to wed
A Hong Kong transsexual has won the right to marry her boyfriend, following an appeal to Hong Kong's top court.
The Court of Final Appeal ruled that Hong Kong's current law, which barred the transsexual woman from marrying her male partner, is unconstitutional.
The woman, identified only as W, underwent gender change surgery at a public hospital a few years ago.
Hong Kong's marriage registry had refused her request because her birth certificate still classes her as male.
"The right to marry guaranteed by our constitution extends to the right of a post-operative transsexual to marry in the reassigned capacity," the majority ruling, co-written by Chief Justice Geoffrey Ma and Permanent Judge Robert Ribeiro, said.
"In present-day multi-cultural Hong Kong where people profess many different religious faiths or none at all... procreation is no longer (if it ever was) regarded as essential to marriage," it added.
The ruling said that references to "woman" and "female" in Hong Kong's marriage law should include post-operative male to female transsexuals.
Title: Re: Hong Kong court finally allows transsexual right to wed
Post by: suzifrommd on May 13, 2013, 06:50:08 AM
Post by: suzifrommd on May 13, 2013, 06:50:08 AM
Sorry, can't celebrate this.
The idea that you need to be postoperative to be able to marry is disgusting. I.e. If you're rich enough, young enough and healthy enough for SRS, well then go ahead and live in bliss. Otherwise, why isn't being a bridesmaid/groomsman good enough for you?
Awful.
The worst part is it further splits our community, putting the non-ops on the outside and the post-ops on the inside.
The idea that you need to be postoperative to be able to marry is disgusting. I.e. If you're rich enough, young enough and healthy enough for SRS, well then go ahead and live in bliss. Otherwise, why isn't being a bridesmaid/groomsman good enough for you?
Awful.
The worst part is it further splits our community, putting the non-ops on the outside and the post-ops on the inside.
Title: Re: Hong Kong court supports transsexual right to wed
Post by: ~RoadToTrista~ on May 13, 2013, 07:17:35 AM
Post by: ~RoadToTrista~ on May 13, 2013, 07:17:35 AM
I can. While in a perfect world China would just hang loose and let everyone marry regardless of gender, it's nice to know that a transwoman living there is making progress.
Title: Re: Hong Kong court supports transsexual right to wed
Post by: milktea on May 13, 2013, 07:29:41 AM
Post by: milktea on May 13, 2013, 07:29:41 AM
Amazing how hk lgbt law hasn't changed much from UK law in the 50s...
Title: Re: Hong Kong court supports transsexual right to wed
Post by: matt on May 14, 2013, 05:06:03 AM
Post by: matt on May 14, 2013, 05:06:03 AM
Yes, it really is depressing how closed minded Hong Kong people seem to be. Just look at some of the comments at the bottom of the article reported in the highly respected local paper:
http://scmp.com/news/hong-kong/article/1236633/transsexual-woman-wins-appeal-marriage-case-top-court (http://scmp.com/news/hong-kong/article/1236633/transsexual-woman-wins-appeal-marriage-case-top-court)
Comments referring to trans people as freaks and invoking biblical references to support their arguments and hate speech.
By the way, China has always allowed transsexuals to get married. It is Hong Kong, which used to be a British colony, that refused to change. I suspect a large part of this inertia stems from the conservative religious groups that wield a lot of power in the city.
http://scmp.com/news/hong-kong/article/1236633/transsexual-woman-wins-appeal-marriage-case-top-court (http://scmp.com/news/hong-kong/article/1236633/transsexual-woman-wins-appeal-marriage-case-top-court)
Comments referring to trans people as freaks and invoking biblical references to support their arguments and hate speech.
By the way, China has always allowed transsexuals to get married. It is Hong Kong, which used to be a British colony, that refused to change. I suspect a large part of this inertia stems from the conservative religious groups that wield a lot of power in the city.
Title: Re: Hong Kong court supports transsexual right to wed
Post by: DriftingCrow on May 14, 2013, 07:12:44 AM
Post by: DriftingCrow on May 14, 2013, 07:12:44 AM
At least its a step in the right direction.
Still get that in US papers too, there's closed minded people using computers everywhere.
Quote from: matt on May 14, 2013, 05:06:03 AM
Yes, it really is depressing how closed minded Hong Kong people seem to be. Just look at some of the comments at the bottom of the article reported in the highly respected local paper:
http://scmp.com/news/hong-kong/article/1236633/transsexual-woman-wins-appeal-marriage-case-top-court (http://scmp.com/news/hong-kong/article/1236633/transsexual-woman-wins-appeal-marriage-case-top-court)
Comments referring to trans people as freaks and invoking biblical references to support their arguments and hate speech.
Still get that in US papers too, there's closed minded people using computers everywhere.