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A transsexual is a person whose gender identity does not coincide with the gender with which they were born. Many transsexuals have their gender? changed from male to female or vice versa by hormonal and surgical means. This raises many legal issues. |
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A transsexual? is a person whose [gender identity]? does not coincide with the gender with which they were born. Many transsexuals have their gender? changed from male to female or vice versa by hormonal and surgical means. This raises many legal issues. |
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The degree of legal recognition provided to transsexualism has been varied throughout the world. Many countries now extend legal recognition to sex reassignment by permitting a change of gender on the [birth certificate]?. A controversial question is the marriage of transsexuals, a question to which different jurisdictions have come to different answers. Issues also arise in areas such as the right to change one's name, eligibility to compete in single sex sports, and insurance and social security when the benifits available depend on one's sex. |
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The degree of legal recognition provided to transsexualism? has been varied throughout the world. Many countries now extend legal recognition to sex reassignment by permitting a change of gender on the [birth certificate]?. A controversial question is the marriage of transsexuals, a question to which different jurisdictions have come to different answers. Issues also arise in areas such as the right to change one's name, eligibility to compete in single sex sports, and insurance and social security when the benifits available depend on one's sex. |
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In England, it was decided in the case of [Corbett v. Corbett]? that for the purposes of marriage a post-operative transsexual was to be considered to be of the sex they had at birth. South African courts have accepted this decision, but New Zealand courts, and more recently an Australian court (see Re Kevin - validity of marriage of transsexual), have rejected it. Some Canadian courts have also accepted the decision, though the law in question appears to vary from province to province. |
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In England, it was decided in the case of [Corbett v. Corbett]? that for the purposes of marriage a post-operative transsexual was to be considered to be of the sex they had at birth. South African courts have accepted this decision, but New Zealand courts, and more recently an Australian court (see Re Kevin - validity of marriage of transsexual), have rejected it. Some Canadian courts have also accepted the decision, though the law in question appears to vary from province to province. |
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In [Rees vs. United Kingdom]?, the [European Court of Human Rights]? refused to strike down the English law refusing to recognize sex reassignment surgery for legal purposes. The applicant argued that the English law as in violation of Article 12 of the European Convention on Human Rights, which guarantees the right of men and women to marry and form a family; the Court however held that the Article only protected "traditional" marriage between persons of opposite biological sex. The Courts decision was based on the doctrine of the margin of appreciation, by which State Parties to the Convention are given some discretion, especially in regard to controversial social matters such as transsexualism and marriage. |
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In [Rees vs. United Kingdom]?, the [European Court of Human Rights]? refused to strike down the English law refusing to recognize sex reassignment surgery for legal purposes. The applicant argued that the English law as in violation of Article 12 of the European Convention on Human Rights, which guarantees the right of men and women to marry and form a family; the Court however held that the Article only protected "traditional" marriage between persons of opposite biological sex. The Courts decision was based on the doctrine of the [margin of appreciation]?, by which State Parties to the Convention are given some discretion, especially in regard to controversial social matters such as transsexualism and marriage. |
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The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Ohio, Texas and New York. Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. But Idaho, Ohio and Tennesee refuse to permit a change of sex, and Florida will not even change the name. |
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The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Ohio, Texas and New York. Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. But Idaho, Ohio and Tennesee? refuse to permit a change of sex, and Florida will not even change the name. California will amend birth certificates only for California natives currently living in California. |
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Australian law<b> |
Australian law |
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Re Kevin - validity of marriage of transsexual ([2001] FamCA? 1074, [online copy]) is a groundbreaking recent judgement of the [Family Court of Australia]?, concerning the right of transsexuals to marry. Kevin (not his real name), a post-operative male-to-female transsexual, married Jennifer (not her real name). Kevin had his sex changed on his birth certificate and other legal documentation; the question faced by the court was whether the change of sex on his birth certificate should apply for the purposes of family law. English law had decided, in the case of [Corbett v. Corbett]? (1971), that sex reassignment would not be recognized for purposes of marriage. But Justice Richard Chisholm (the judge in this case) found that the decision of the English court did not bind Australian law, and upon considering the merits of the English decision found its logic to be faulty. Therefore Justice Chisholm concluded that, despite the English decision, post-operative transexuals are to be considered to have their reassigned sex for the purposes of marriage law, and that the applicant's marriage was valid. |
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Re Kevin - validity of marriage of transsexual ([2001] FamCA? 1074, [online copy]) is a groundbreaking recent judgement of the [Family Court of Australia]?, concerning the right of transsexuals to marry. Kevin (not his real name), a post-operative female-to-male transsexual, married Jennifer (not her real name). Kevin had his sex changed on his birth certificate and other legal documentation; the question faced by the court was whether the change of sex on his birth certificate should apply for the purposes of family law. English law had decided, in the case of [Corbett v. Corbett]? (1971), that sex reassignment would not be recognized for purposes of marriage. But Justice Richard Chisholm (the judge in this case) found that the decision of the English court did not bind Australian law, and upon considering the merits of the English decision found its logic to be faulty. Therefore Justice Chisholm concluded that, despite the English decision, post-operative transexuals are to be considered to have their reassigned sex for the purposes of marriage law, and that the applicant's marriage was valid. |
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Justice Chisholm also considers the situation raised by Ormord J, where a married person seeks to changes their sex in the marriage, thereby giving the appearance of a homosexual marriage. Ormord J sees this as an argument against permitting legal recognition of transexuality for the purposes of marriage law. Justice Chisholm points out that refusal of such legal recognitiion could equally give the appearance of homosexual marriage, since then someone who appears to be a man and lives socially as a man , but is legally considered to be a woman, could legally marry a man. Justice Chisholm finds that the person's sex at the time of the marriage determines whether they can legally marry, and that a person who had a sex reassignment during their marriage would continue to be married until either party sought a divorce, even though their marriage would now be homosexual. |
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Justice Chisholm also considers the situation raised by Ormord J, where a married person seeks to changes their sex in the marriage, thereby giving the appearance of a homosexual marriage. Ormord J sees this as an argument against permitting legal recognition of transexuality for the purposes of marriage law. Justice Chisholm points out that refusal of such legal recognitiion could equally give the appearance of homosexual marriage, since then someone who appears to be a man and lives socially as a man , but is legally considered to be a woman, could legally marry a man. Justice Chisholm suggests that the person's sex at the time of the marriage determines whether they can legally marry, and that a person who had a sex reassignment during their marriage would continue to be married until either party sought a divorce, even though their marriage would now be homosexual. |
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