In similar form with Arizona’s decision to deny the Beatie’s the right to divorce, based on the fact that the husband, Thomas Beatie, is transsexual, Hong Kong is denying a transgender woman the right to marry her boyfriend. Same-sex marriage is illegal in Hong Kong, and it seems marriages involving transgender individuals are considered illegitimate as well.
After being denied the right to marry by two courts, Ms. W took her case to the Court of Final Appeal on Tuesday.
The Hong Kong court system hasn’t had much experience dealing with this issue, and have denied her the right to marry based on the reasoning that the couple cannot conceive, reported the Global Times.
According to Hong Kong’s marriage registration lawyer, Monica Carss-Frisk, Ms. W’s request to marry was denied because the law views her relationship as a same-sex union.
However, Ms. W’s sex change was considered a medical necessity and was even funded by the Hong Kong government. Regardless, Ms. W was unable to change her birth certificate to match her newly confirmed gender, therefore prohibiting her from marring, reported Pinknews.
Human rights lawyer, Lord David Pannick, is representing Ms. W in this case and said, “the laws of marriage can and should recognize that sexual identity can change. The right to marry is fundamental…”
So far no verdict has been reached.