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Joanne Cassar loses transsexual marriage case

Started by Shana A, May 23, 2011, 08:28:55 AM

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Shana A

Monday, May 23, 2011, 10:06
Joanne Cassar loses transsexual marriage case

http://www.timesofmalta.com/articles/view/20110523/local/joanne-cassar-loses.366791

Joanne Cassar this morning lost the appeal filed by the Attorney General from a court sentence which had granted her the right to marry a man after her gender reassignment surgery.

The case goes back to September 2006 when Ms Cassar and her then partner applied for marriage banns. The Marriage Registrar refused to issue the banns even though Ms Cassar had legally changed her gender to female on her birth certificate after the surgery.

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Monday, May 23, 2011, 12:58
MGRM disappointed by Joanne Cassar court decision

http://www.timesofmalta.com/articles/view/20110523/local/mgrm.366855

The Malta Gay Rights Movement this afternoon expressed its disappointment after the Constitutional Court  upheld an appeal by the Attorney General in the Joanne Cassat transgender case.

The MGRM argued that the failure of the Maltese Constitutional Court to recognise Joanne Cassar as a woman who could marry a man went against the judgement of the European Court of Human Rights as expressed in Goodwin vs UK and other recent judgements and jurisprudence of the European Court of Justice.
"Be yourself; everyone else is already taken." Oscar Wilde


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Izumi

I wonder if they are fighting the marriage law directly or they are fighting the ambiguity that comes with the term "WOMAN" because the marriage act:

Section 3. Definition of marriage
    In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

Has anyone actually attacked the word WOMAN in there?  If you do the case becomes fairly easy to win imo.

What is a woman questions and answers:

Women must be born genetically XX:  FALSE, XY women (AIS) are born everyday and granted the rights to marry under the law and all rights and privileges of normal women in society. 

Women can only have children:  False again, XY women have been known to conceive and deliver children via invitro fertilization and even the old fashioned method.  XX does not make you a woman and XY does not make you a man, more and more scientists have shown that it is actually the interplay between these chromosomes that make you what you are, and no each individual chromosome.

Women have a Uterus and Vagina:  False, women are born each day without them

Given the following statement of facts.... what is a woman?  We are left with only 2 statements that define what a woman is in all cases.

1) the person truly believes they are one.
2) everyone else believes them.

those are the only 2 cases true for every example of womanhood.

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pixiegirl

Err, not sure of the relevance of the US legal definition of marriage to this. Doesn't exactly apply.

Looks like the Maltese are just showboating by pushing this to the bitter end. They're already guaranteed to lose and be told to reverse the ruling once this gets to the ECHR, it's about looking as unhappy about it as possible for conservative voters.

Sucks for the people involved in the meantime though.
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Shana A

Wednesday, May 25, 2011 , by
Claudia Calleja
I'm not inferior to other women – Joanne Cassar

http://www.timesofmalta.com/articles/view/20110525/local/I-m-not-inferior-to-other-women-Joanne-Cassar.367151

Joanne Cassar, who underwent gender reassignment surgery seven years ago, is insisting she is a woman for all legal intents and purposes and has the right to marry a man.

The 29-year-old feels that amending the law to allow her to strike some form of life partnership, as proposed by a court ruling, will still deprive her of her right to get married.

"I'm not inferior to other women... They can invent a million type of partnerships. I want the right to marry... I am a woman and want the rights that come with it," she told The Times.
"Be yourself; everyone else is already taken." Oscar Wilde


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