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HK transexual woman allowed to wed

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  1. #1

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    HK transexual woman allowed to wed

    A step forward to more enlightened thinking.

    HK transexual woman allowed to wed

    13-05-2013

    A transexual woman will be allowed to marry her boyfriend after the SAR's top court allowed her appeal.

    The Court of Final Appeal found by a majority four to one that the Basic Law and the Bill of Rights protected the right to marry.

    However, the court said it would not implement the judgement for the next 12 months, to allow the government time to consider amending the law.

    The marriage registry had refused the transexual's request because her birth certificate still classed 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 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.

    Permanent Judge Patrick Chan, who voted against the ruling, said including post-operative transsexuals in the definition of "man" and "woman" was "a radical change of the traditional concept of marriage".

    "There is no evidence that the social attitudes in Hong Kong towards the traditional concept of marriage and the marriage institution have fundamentally altered," he said, adding that changes should only be made after "wide public consultation".

    The transexual known as W - who's in her 30s - took her case to the Court of Final Appeal after a lower court ruled against her in 2010.

    "The effect of this decision is that W will be allowed to marry, and should be allowed to marry her boyfriend," her lawyer, Michael Vidler, said after the ruling was announced.

    "This is a case about sexual minorities being recognised and that their rights are just as important as everyone else's," Mr Vidler said of what he called a "landmark decision".

    The transexual - who was not in court - said in a statement read by Mr Vidler: "I have lived my life as a woman and treated as a woman in all respects except as regards to my right to marry. This decision rights that wrong.

    "I am very happy that the court of final appeal now recognises my desire to marry my boyfriend one day and that that desire is no different to that of any other women who seek the same here in Hong Kong. This is a victory for all women in Hong Kong."
    http://rthk.hk/rthk/news/englishnews...0513&56&921469

  2. #2

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    I have no problem with transsexual men/women marriage, if he/she took the necessary steps and did the operation, I think that enough proving his/her will to the change. As a matter of fact, I know two, one is a post-op girl and the other is on hormone and living as a girl full time for evaluation requested by the Dr. I found they are both more girlish than some girls that I know.

    Last edited by dtb; 13-05-2013 at 05:31 PM.

  3. #3

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    W has undergone surgery and fully identifies with being female. Hong Kong is not forward-thinking in this aspect so it's quite something that this went through, and at 4 for and 1 against.


  4. #4

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    big surprise. nice one! I think we will have to really hold our breath before gay marriage in hong komg tho

    whos the misery patrick chan? lemme guess some religous dude?


  5. #5

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    This is quite amazing. I am amazed. Hurrah for commonsense.

    East_coast and scrambler like this.

  6. #6

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    Almost there (i.e., live and let live approach on the subject of marriage).


  7. #7

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    Serious question here as I am quite confused...

    ... a "transexual" "woman" is a "male" that, through surgery etc., is now a "female"?


  8. #8

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    Quote Originally Posted by Stoob:
    Serious question here as I am quite confused...

    ... a "transexual" "woman" is a "male" that, through surgery etc., is now a "female"?
    You just cracked the million dollar mystery

  9. #9

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    Quote Originally Posted by dumbdonkey:
    You just cracked the million dollar mystery
    t'was a question dood!