Transsexual plans to take access case to court

http://www.sabcnews.com/south_africa/crime1justice/0,2172,166549,00.html
03/27/2008

"For the first time in South African history the Constitutional Court may have to deal with a case involving a transsexual's use of public ablution facilities"

Well, under the constitution there's no way really that she should lose, if argued on the basis of equality. However, arguing on the basis of sexual orientation - that muddies exactly the difference we keep insisting people need to understand between gender and sexuality. I also think it opens the counter argument that "gay men don't use the women's bathrooms, so why should you?"

The other gray area is of course that, under SA law, you can only have the gender marker on your ID changed after SRS, so legally she is still male.


Posted on: 27 March 2008, 14:36:45

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PS. Thanks Natasha!