Susan's Place Logo

News:

According to Google Analytics 25,259,719 users made visits accounting for 140,758,117 Pageviews since December 2006

Main Menu

Hong Kong court supports transsexual right to wed

Started by matt, May 13, 2013, 04:47:55 AM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

matt

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

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.
  •  

suzifrommd

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.
Have you read my short story The Eve of Triumph?
  •  

~RoadToTrista~

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.
  •  

milktea

Amazing how hk lgbt law hasn't changed much from UK law in the 50s...
-=-=-=-=-=-=-=
I have a post-op recovery blog now...yeah!
  •  

matt

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

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.
  •  

DriftingCrow

At least its a step in the right direction.

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

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.
ਮਨਿ ਜੀਤੈ ਜਗੁ ਜੀਤੁ
  •