Tuesday, November 30, 2010
Sex change woman wins her legal battle to get married
By Raphael Vassallo
http://www.maltatoday.com.mt/news/sex-change-woman-wins-her-legal-battle-to-get-marriedTransgender woman was refused permission to marry in Malta, but has won a Constitutional case recognising her gender status as female.
Joanne Cassar, who had been denied the opportunity to marry because (despite having undergone gender reassignment therapy) she was considered 'still a man', has won her legal battle for the right to marry.
In a brief Constitutional Court judgement delivered this morning, Mr Justice Raymond C. Pace cited a previous European Court of Human Rights ruling (Christine Goodwin vs. UK) which established that a ban on transgender marriage, of the kind imposed by the lower courts in previous rulings, violated Article 12 of the European Convention on Human Rights on the right to marry, to which Malta is signatory.