State has no power to deny transsexuals right to marry

TWEET SHARE

Joanne Cassar, who had been denied the opportunity to marry because (despite having undergone gender reassignment therapy) she was considered ‘still a man’, won her legal battle for the right to marry this week.

“The judgement made extensive reference to the case law of the European Court of Human Rights, which states that biology is not the sole determining factor in determining gender and that current thinking and practice also give considerable importance to psychological factors,” MGRM coordinator Gabi Calleja said.

“Moreover, the ECHR held that the margin of appreciation allowed to States did not go so far as to permit the denial of a fundamental right such as the right to marry for persons of the opposite legal sex.”

Mr Justice Raymond C. Pace cited a previous European Court of Human Rights ruling (Christine Goodwin vs. UK) which established that a ban on transgender marriage, of the kind imposed by the lower courts in previous rulings, violated Article 12 of the European Convention on Human Rights on the right to marry, to which Malta is signatory.

Effectively this frees Cassar to marry her long-standing (male) partner, but the Registrar of Marriages still has 20 days in which to appeal the ruling.

Cassar’s battle began in May 2006, when the Registrar of Marriages refused to issue marriage banns for Cassar and her fiance on the grounds that the Marriage Act prohibited unions between persons of the same gender – and despite the fact that Cassar’s birth certificate had been amended post-surgery to reflect her gender change.

The MGRM said that while this judgement is a step forward for all post-operative trans- persons. “a great deal still needs to be achieved for the rights of transgender persons to be fully respected.”

Calleja said that the EU’s Fundamental Rights Agency hascalled on EU Member States to “abolish divorce and genital surgery as preconditions to the rectification of the recorded sex or alteration of name on official documents.”

On the 10 December – Human Rights Day – the MGRM will be launching a Proposed Gender Identity Bill for Malta which seeks to offer comprehensive legal protection and redress to trans persons. It is hoped that this will build on the progress that has been made in recent years.

Matthew Vella, a freelance journalist at MaltaToday, was formerly executive editor at Malt...

More from Matthew Vella Matthew on Twitter

•

well its the church fault- when people go to museum and sended to sunday mass- thye hear the preach- gays ,divorce etc.. are bad - cause GOD says so and bla bla bla so their hearts are filled with the wrong attitude toward gays etc.. yes it's the church seeding the seeds of intolerance etc... the schools needs to teach more tolerance , etc.. etc.. here even the bible look: Ignorance is bliss. Christians should not practice free inquiry nor socialize with non Christians: Don’t associate with non-Christians. Don’t receive them into your house or even exchange greeting with them. 2 John 1:10 Shun those who disagree with your religious views. Romans 16:17 Paul, knowing that their faith would crumble if subjected to free and critical inquiry, tells his followers to avoid philosophy. Colossians 2:8 Judge other religions for not following Christ: Whoever denies “that Jesus is the Christ” is a liar and an anti-Christ. 1 John 2:22 Christians are “of God;” everyone else is wicked. 1 John 5:19 The non-Christian is “a deceiver and an anti-Christ” 2 John 1:7 Anyone who doesn’t share Paul’s beliefs has “an evil heart.” Hebrews 3:12 False Jews are members of “the synagogue of Satan.” Revelations 2:9, 3:9 Kill any friends or family that worship a god that is different than your own. Deuteronomy 13:6-10 Kill all the inhabitants of any city where you find people that worship differently than you. Deuteronomy 13:12-16 Kill everyone who has religious views that are different than your own. Deuteronomy 17:2-7 Kill anyone who refuses to listen to a priest. Deuteronomy 17:12-13 Kill any false prophets. Deuteronomy 18:20 Any city that doesn’t receive the followers of Jesus will be destroyed in a manner even more savage than that of Sodom and Gomorrah. Mark 6:11 Judge other religions for not following Christ: Whoever denies “that Jesus is the Christ” is a liar and an anti-Christ. 1 John 2:22 Christians are “of God;” everyone else is wicked. 1 John 5:19 The non-Christian is “a deceiver and an anti-Christ” 2 John 1:7 The God of the Bible also allows slavery, including selling your own daughter as a sex slave (Exodus 21:1-11), child abuse (Judges 11:29-40 and Isaiah 13:16), and bashing babies against rocks (Hosea 13:16 & Psalms 137:9). *** i think a high percentage of people don't ever read the bible and don't even ever tried to understand or see what is writen there :) they belive everything that is said to them .......

State has no power to deny transsexuals right to marry – MGRM

Malta Gay Rights Movement (MGRM) to launch gender identity Bill for legal protection to trans persons.