The Hong Kong Court of Final Appeal ruled that the transsexual woman, known as Ms. W., will be permitted to marry her boyfriend under the law. This law will become official within 12 months and will permit transsexual citizens of Hong Kong to legally marry.
Ms. W. has fought for her right to marry for five years now and has finally been granted closure.
Ms. W., who was absent at court the day of the ruling, May 13, gave her lawyer, Michael Vidler, a statement to read on her behalf which said, “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,” reported JapanToday.
In a 4-1 vote Ms. W’s case will ensure that transseuxual individuals will be included under the marriage law and will be given the right to marry in Hong Kong. The question still remains if the law will apply to transgender people who have not undergone surgery to have the same right to marry.
After being denied the right to marry by two courts, Ms. W eventually took her case to the Court of Final Appeal.
The Hong Kong court system hasn’t had much experience dealing with this issue, and had 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 marrying, until now.