Marriage allowed after gender reassessment
Joanne Cassar won her right to marry a man today after having undergone gender reassessment surgery.
Ms Cassar had previously still been considered as being a man by the state, but the Constitutional Court this morning cleared the way for her to marry her fiance.
The court based its sentence on caselaw of the European Court of Human Rights which had found in a UK case, that a a ban on trans-gender marriage was illegal.
In her court application, Ms Cassar explained that she was born a male in September 1981. Ever since she was a child she felt she was female. As she grew up older, she decided to undergo gender reassignment surgery to solve the internal conflict she had. After surgery, she filed an application calling on the courts to change the gender annotation on her birth certificate to female. In June 2006 the court upheld her request.
Ms Cassar said that subsequently she applied to the Marriage Registry to issue the wedding banns as she wanted to marry her partner. But the director of the Public Registry refused to issue the banns sparking off her legal battle for the right to marry.
The first court had turned down her request, saying that despite the fact that Ms Cassar was registered as a woman, it believed she was essentially still a man and the Marriage Act did not allow a union between two men. The court ruled that her gender had been changed on the birth certificate to safeguard her privacy and did not give her the rights of a "female" in light of the Marriage Act.
In her constitutional application, Ms Cassar argued that the law as interpreted by the Maltese courts went against a judgment handed down by the European Court of Human Rights. Quoting case law, she submitted that "there have been major social changes in the institution of marriage since the adoption of the (European) Convention as well as dramatic changes bought about by developments in medicine and science in the field of transsexuality..."
The condition of gender identity disorder, which Ms Cassar suffered from, has been accepted by medical authorities and one could not ignore the post-operative gender for the purposes of law.
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Matthew Vella
Jan 6th 2011, 11:56
Lovely to see so many positive comments here!
D Attard
Dec 2nd 2010, 21:26
Love should not determined by looks or physical aspects. Lets allow everyone to have the same opportunity to love and be loved! Let s not intefere in other people s lives and respect everyone s diversity! May you find happiness and love Ms Cassar!
alistair busuttil
Dec 2nd 2010, 18:23
so presently this person looks like a woman,but you have to take into consideration that she will eventually look like a man in the future.If we take for example boy george, he used to look like a woman but he cannot hide it anymore
Matthew Vella
Jan 6th 2011, 11:51
Please educate yourself on the issue before commenting on it. She will age as any other woman will due to the medical (mainly hormonal) treatment she is receiving. Meaning she's not going to go bald or anything like that.
Marianna Galea Xuereb
Dec 2nd 2010, 17:00
@ Paul Barret @ Paul Barrett
“I feel the utmost respect for Miss Joanne Cassar for her guts and determination to carry out the operation to bring her body in line with her mind ... May she now know the happiness and peace of mind that she so thoroughly deserves.”
Joanne Cassar would have been infinitely better off and achieved happiness and peace of mind much sooner if he had been helped and treated to bring his mind in line with his body (and NOT vice versa) once it became established that he was genetically a male as much as he was physically. But of course such a practice would have been much less lucrative for the medical specialists and lawyers who took advantage of his condition and his vulnerability to market drastic surgery and hormone treatment to him. Sadly he found several well meaning friends and family members who were misguided into thinking that they were acting in his long term interest by supporting his decision to go ahead with gender reassignment surgery.
Marianna Galea Xuereb
Dec 2nd 2010, 16:52
@ Paul Barret (continued)
Moreover, Maltese courts are encouraging a similar re-occurrence (by another gender identity disorder sufferer) through their seriously flawed reasoning and the perverse precedent that they created when they totally disregarded genetic realities and the traditional definition of "marriage" by ruling that Joanne Cassar can marry rather than "can enter into a state recognized civil union."
Estelle Ciantar
Dec 2nd 2010, 12:54
To the negative ones:
Can you just live and let live please??
What if this happened to you?? how would you feel?! and what would you do?!
@John Galea... feeling you are in the wrong body and feeling like a millionaire is a completely different thing... it is unfair to be so materialistic.. then again everyone has his / her own opinion
C Galea
Dec 2nd 2010, 12:25
This is simply a great story, good to see that Malta is really moving on.
Christopher Grech
Dec 2nd 2010, 10:35
Joanne might have won his(not her) right to marry, in the eyes of human laws, but certainly NOT in front of God's eyes.
Feeling a female in a male's body may be unusual, but it is really God's gift to be male! Should we apply the Bible to all of this you would understand why:
1 Corinthians: 11:3 But I would have you know, that the head of every man is Christ; and the head of the woman [is] the man; and the head of Christ [is] God.
Deut. 22:5 The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment: for all that do so [are] abomination unto the "I AM" thy God.
Above is plain to all, what God wants or thinks about us.
Human talk is one thing, and what God expects from us is another thing.
Where is
john Galea
Dec 1st 2010, 10:43
You may change your personal appearance to resemble a women, but this person was born male. His chromsones and DNA is male. You cannot by pass this face because somebody feels like a woman. I feel like a millionaire but Im not. Feelings change but a person is born with their gender. He is not a women. Women are born girls and they have a menstral cycle and have the ability to create new life with in their bodies that enables the human race to continue. This person is a degradation to women!
Albert Borg
Dec 1st 2010, 17:01
Dear sir,
it is a shame that at this day and age people have yet to understand that gender and sex are two separate entities, that we should not judge others, that EVERYBODY has the right to seek their own personal happiness and above all, to mind our own business!
your comments are shameful and hurtful but thankfully of no consequence.
M. Grech
Dec 1st 2010, 18:18
Mr Galea, please stop being judgemental. What does it matter to you, for you are talking about a spiritual being temporarily in a human body, whatever that body is. Your coments are very uncharitable. Please live and let live.
Charles Grixti
Dec 1st 2010, 21:25
There are many persons and babies born each year all around the world whose gender, even at the DNA level is ambiguous or whose DNA does not match the gender they were assigned at birth and the causes are manifold and too complicated to enter into here.
However, after gender reassessment, Joanne is now physically a woman, which complements her mental and spiritual identity. And what does having babies got to do with it? There are plenty of female-born women who cannot or do not want to bear children, does that make them any less feminine and deserving of respect and dignity and the right to happiness and personal fulfillment that all human beings, whether male, female, transgender or anything else in between deserve?
axuereb
Dec 2nd 2010, 10:23
' This person is a degradation to women!...' There are far worse things a woman can do to be a degradation to other women Mr Galea! Your comment is hurtful and uncalled for. Best wishes to Ms Cassar and her husband to be.
m sciberras
Dec 1st 2010, 08:28
Kemm hawn min hu kapaci jwegga lil haddiehor bi lsienu! Kulhadd espert alla jbierek!
Bhal ma hawn min diga qal: live and let live!!
Good luck Joanne!
M. Grech
Dec 1st 2010, 08:09
Seeing that most comments are positive for Ms Cassar it is heartening to see that society, at grass roots level, is becoming less judgemental and more compassionate. A wellcome move in the right direction. After all who are we to judge a person's personal circumstances?
Raymond Sammut
Dec 1st 2010, 01:58
The key sentence in this report is the last sentence. I think it's worth repeating it:
"The condition of gender identity disorder, which Ms Cassar suffered from, has been accepted by medical authorities and one could not ignore the post-operative gender for the purposes of law."
Gender identity disorder, thanks to advances in medical science, is now accepted by governments as a medical condition. The state cannot discriminate against a person on such basis. What has been fundamental here all along is the now established fact that this issue is not about "lifestyle" but about a medical condition and about the fundamental right of the individual. Essentially, we are to be treated equitably by our governments. Joanne's success is society's success because unjustifiable discrimination by the state is unacceptable.
In simple terms, given that all genes in the genome are "normal", one needs a sex chromosome which is XX to be female. But genes can have "mutations", and because genes are interdependent, a set of conditions --although extremely rare-- in the genome can arise whereby an XY chromosome can also lead to a female. It would only be fair, therefore, that the registrar made the appropriate adjustment.
Oscar Cassar
Dec 1st 2010, 00:35
Awguri... biss issa f'dan il-pajjiz aktaer gejna f'sitwazzjoni fejn min ghandu l-flus jirnexxi u min ma jiflahx certu pis jispicca vitma tac-cirkustanzi. Dan ghax min ghandu l-flus jaghmel operazzjoni (trans-gender) jew f'kas ta separazzjoni (kopja biex insejhula hekk normali) iggib divorzju minn barra, filwaqt li minn ma jippermettix dan, ma jistax 'jghannaq u jbus' (remarrage)
Paul Buttigieg
Nov 30th 2010, 23:34
I don't know if you people realize this, Joanne is a human being at the end of the day just like you me and all of us, who is simply fighting for her right to love and marry. Marriage in itself means love and respect towards one another.
She has been fighting for it simply because she believes in it and it will have more meaning to her than anybody else. Most probably her marriage will last much longer than most of the newlyweds.
He who has poor reviews or poor comments on such great news must be either a loner or jealous of such a couple that found love and are willing to do anything for it.
E. Camileri
Nov 30th 2010, 23:11
Finally we are moving in the right direction. Freedom to marry to all adults who wish to commit themselves to one another irrespective of their sex, disability, ethnicity... or their separated status.
Aldo Gatt
Nov 30th 2010, 23:08
I salute Ms. Joanne Cassar for fighting on for her rights and those of others who find themselves in her situation. Here's one woman who puts the money, energy and time where her mouth is.
Zachary Stewart
Nov 30th 2010, 22:58
Congratulations Joanne! You are an inspiration to all of us who are trying to turn Malta into the tolerant and equitable society that it was always meant to be. Don't let the minority of hateful bigots get to you. Eventually they will die off and we will win.
Dr Ing Patrick Attard
Nov 30th 2010, 22:49
Well Done Joanne,
I hope you´ll manage to get married soon. It would be a great christmas present and an excellent start to the new year. - I wish you peace and life with dignity.
A.Gauci Cunnimngham
Nov 30th 2010, 22:05
Joanne Cassar ilha ghadejja b'din il-battalja legali biex tinghata id-dritt ta zwieg ghal hafna zmien issa. Wara li Joanne thalliet tbiddel l-identita taghha wara l-operazzjoni li ghamlet ( identita li tbiddlet minn fuq ic-certifikat tat- twelid) l-istess Qorti cahhditha mid-dritt li tizzewweg lill-mahbub taghha. Illum Joanne rebhet dan il-kaz u jekk ir-Registru ma japellax fil-jiem li gejjin Joanne tkun tista tibni il-hajja li dejjem xtaqet ma l-gharus/mahbub taghha li nawguraw li jkun zewgha ma jdumx.
LGBT Labour jixtieq jifrah lil Joanne ghal din ir-rebha legali u jispera li issa tithalla fil-kwiet tghix il-hajja li dejjem holmot li jkollha mal-persuna li verament thobb. Hekk titlob il-gustizzja u hekk titlob it-tolleranza.
LGBT Labour
Marianna Galea Xuereb
Nov 30th 2010, 21:20
Whatever the European Court of Human Rights may decide, I believe this to be totally wrong. All countries should introduce the concept of civil unions AND retain marriage. Marriage should be reserved for couples who are naturally genetically heterosexual whilst civil unions should be available to gay couples and cases such as Joanne Cassar's.
Christopher Farrugia
Nov 30th 2010, 19:15
It seems that the Judge in giving sentence has given more weight to the psychological aspect then the genetic characteristics and therefore the biological aspects. However such a sentence begs for pertinent and ethical considerations. Will the Public Registrar delete that the person was born a male? Or will it be marked as a sex change? Can such a person adopt/foster children? Other considerations regarding DNA profiling and possibly sexually inherited characteristics cannot be taken for granted....
Daniel Micallef
Nov 30th 2010, 15:47
awguri mill-Forum Zghazagh Laburisti Joanne.
sa fl-ahhar saret gustizzja mieghek wara sentejn u erbgha xhur:
http://www.timesofmalta.com/articles/view/20080731/local/labour-youths-back-joanne-cassar
Daniel Micallef
President FZL
C. S. Cachia
Nov 30th 2010, 15:18
Prosit to Raphael Vassallo, Daniel Cassar, K. Zammit, C.Sammut and Thomas Hedley. For all I know, the rest is gossip.
K.Zammit
Dec 1st 2010, 13:48
Cheers :) And good luck to this lady who finally has found herself!
wally vella-zarb
Nov 30th 2010, 14:30
Congratulations to Ms Cassar for her determination in fighting for, and finally obtaining, her rights.
M Cuschieri
Nov 30th 2010, 14:03
Live and let live!
N. Pace
Nov 30th 2010, 13:54
Live and let live people. Does it make a difference in your lives if she was male before she became female?
Has any one stopped to consider the trauma this person went through so far??
Be happy that she found someone who loves her and accepts her as she is rather than coming out with theories and judgements.
Get a life
m.sciberras
Dec 1st 2010, 10:51
Totally agree! Certu nies l-hena taghhom jiggudikaw u jghamluha ta 'l-esperti!' Hadd ma jara tieghu u hadd ma jimmagina kieku x'kien jaghmel kieku kien fl-istess sitwazzjoni!
V Cassar
Nov 30th 2010, 13:25
You can fool human society but you cannot fool nature. It is nature that dictates what we are whether male or female. I understand that a person wants to act and behave according to a preference irrespective of what nature has endowed the individual. That is life style and is different from nature. Human kind can change lifestyle but not nature! I hope that the person knows about the price that is to be paid by the court victory.
Peter Korsten
Dec 1st 2010, 09:27
What you're -incorrectly- assuming is that when somebody has male genitalia, his brain will work as a 'male brain'. Now the whole male/female brain thing is controversial, and not based on thorough and peer-reviewed scientific research, but you don't need to be a rocket scientist to know that there are more differences to men and women than just the physical ones.
It's about what a person believes/feels/knows what gender he or she is. It's not a lifestyle choice. Nobody would want to go through the pain, the surgery and the fight against authorities and public opinions if it were just a fad.
J.Camilleri
Nov 30th 2010, 13:22
Who are you people to interfere in the life of these two people?
As long as both of them know what they are doing and are happy, let them live.
So pros and cons shut your big mouth!
Ramon Casha
Nov 30th 2010, 13:14
Congratulations Joanne. I hope you don't find any more human-shaped stumbling blocks.
l borg
Nov 30th 2010, 13:11
no matter what ms cassar will always be a male no matter how he looks or is or what the court says also i have in my will that my children if the worst comes cannot be adopted by gays and sex change people
Ms P M Graham
Dec 1st 2010, 09:05
If that is factual then I am sure you will also have had the sense to name a guardian for your children as most Parents will do in their Will.
Your comment smacks of ignorance. I pray you have a long life and your children never read such a bigoted Will.
K.Zammit
Dec 1st 2010, 13:46
And the notary actually acceded to your request?! I doubt you have any say after you pass away on your children as if they were objects... property!!! And as far as Ms Joanne is concerned, she is now a woman whether you like it or not!
Eric Gahn
Nov 30th 2010, 13:10
Awguri Joanne.
D Vella
Nov 30th 2010, 13:00
Congratulations to Joanne and her fiance on their upcoming marriage :) This is a time of celebration for them and for Malta for starting to come out of the middle ages.
For all the people saying that just because one can not naturally concieve they can not exercise their right to marriage or parent hood... should we introduce across the board a fertility test ..maybe as part of the Cana course? ..
Camilleri T.
Nov 30th 2010, 12:48
since she cannot have children, does this give them the right to adopt children when they are married? do you realise the harm this will impose on someone who would probably be too young to have a say?
Franco Farrugia
Nov 30th 2010, 12:59
Most children born, if they had to have a say, would want to belong to a different family! So, what is your argument?
Christine Galea
Nov 30th 2010, 13:01
Are you aware that in Malta, single persons (male or female) can adopt a child. So any person what ever his sexual orientation can abopt a child. In no way I am agreeing to this fact.
Toni Borda
Nov 30th 2010, 13:17
Ha nara hux qed nifhem sew, jigifieri skontok il-genituri eterosesswali huma l-ideali ghat-tfal u li huma mudell ta' min jimxi fuqu dejjem u kullimkien? U hag'ohra, skontok tfal imrobbijin minn koppji "normali" dejjem trabbew perfettament u qatt ma kienu suggetti ghal abbuz? Hu pacenzja fehemni ftit...
S. Calleja
Nov 30th 2010, 13:18
Yes, she can adopt. And, pray, what harm? Is it harm to have a child brought up respecting the differences between us? I'm sure that child will grow to be an much better adult than most commentators writing here.
Ramon Casha
Nov 30th 2010, 13:23
She should have the same right to adopt as any infertile woman, and the harm this would impose is exactly zero.
Jeremy J Camilleri
Nov 30th 2010, 13:29
She's legally a woman..enough said!!!
SMallia
Nov 30th 2010, 13:35
Pray, tell? what harm can come of such child? Shock, horror of horrors, your mother was once a man, or, or, or you have two fathers!!
I sincerely cannot think of a worse tragedy to befall a child!!!
Oh, do grow up Camilleri T.
Hubert Paul Farrugia
Nov 30th 2010, 13:44
What harm? As long as it is a stable and loving environment I see now harm in that...
S Hayman
Nov 30th 2010, 13:52
Please do explain to us Mr/s Camilleri: what harm will this impose on the child? And do base your argument on scientific research, not just your opinion because unless you're a world-renowned expert on this very particular subject, your opinion is just that - an opinion.
P. Montebello
Nov 30th 2010, 14:54
What about a woman, who cannot bear children naturally? Does she have a right to adopt children? According to you no: she does not have this right since you decide if the woman in question can bear children. I bet that some children are made much more welcome in childless couples.
F. Scerri
Nov 30th 2010, 15:27
What harm precisely.
As long as the family is loving and supportive and nurturing, what harm is the child going to experience? It will have a mother and a father after all.
Isn't this better than a lifetime of rejection in an institution?
John Borg
Nov 30th 2010, 18:12
What harm??????
S. Vella
Nov 30th 2010, 18:23
Will the child be loved? If yes, no harm done.
Hubert Paul Farrugia
Nov 30th 2010, 12:39
Finally, common sense has prevailed and justice has been done.... It always amazed me how the director of the Public Registry, in the role of a civil cervant, didn't uphold the court's judgement. I hope that other people who go through extreem hardship after such surgeries will not have to go through this ordeal as Ms Cassar, and such situations are clarified once and for all.
mark johnson
Nov 30th 2010, 18:11
To be fair, he could have been helping to set a case law precadent.
M Bugeja
Nov 30th 2010, 12:39
Not to be insensitive or anything, but this issue has been tackled with surprising honesty in a Southpark episode - can s/he bear offspring, which is ultimately what differentiates males from females? As long as she lacks a functional female reproductive system, she isn't 100% a woman and therefore I can't agree that that the decision was justified, at least on a biological basis.
This is the same as having an Opel and changing everything but the chassis to that of a Mercedes. It isn't recognised as a Merc by any authority until and unless the chassis is changed. (perhaps my legal concepts are rusty, but this should serve to get my point across)
Of course, human rights may not agree with biological ideals so that's another issue altogether.
Raphael Vassallo
Nov 30th 2010, 12:50
By the same reasoning, a woman who can't have children for natural reasons is 'less of a woman' than another who can.
j mangion
Nov 30th 2010, 12:56
quote.......... As long as she lacks a functional female reproductive system, she isn't 100% a woman and therefore I can't agree that that the decision was justified, at least on a biological basis what about a sterile woman? in your judgement, she is not a 100% woman? my suggestion: more LOVE...........less TALK
vince cachia
Nov 30th 2010, 13:04
@ Raphael Vassallo: Yes if a woman knows that she cannot bear children and does not say so the MATRIMONY....and not marriage or wedding. would be null and void. In Religion it is called holy matrimony not as some say marriage or wedding!!!
Patrik Larsson
Nov 30th 2010, 13:23
What an incredibly heartless comment. So anyone who loses his/her ability to produce children, is suddenly a what? Imagine the elderly couple, who is past the age of fertility, finally wanting to seal the bond in marriage. No can do, cause they are suddenly not man and woman any more.
Deo Catania
Nov 30th 2010, 13:58
Well said Raphael. Too much ignorance in such a small country. So what can M.Bugeja tell us about persons with disabilities? No 'body' is perfect but everyone tries his/her best to improve.
Pia Micallef
Nov 30th 2010, 14:09
Raphael is right. Many women can't or simply chose not to have children- in fact this is one of the reasons why many adopt. So why should Joanne be any different? Many people may argue that this might have adverse affects on the child- but Joanne is a women. Thus if she is given the right to adopt (if she choses to, of course) then the child will initially have a mother. So what is the problem?
L Formosa
Nov 30th 2010, 14:17
Raphael - a woman which cannot have children for natural reasons, still has the female reproductive system!
Paul Barrett
Nov 30th 2010, 14:29
@ M Bugeja. Your logic is flawed. By your reasoning every woman who has an operation that affects her ability to have children is therefore no longer a woman. Try telling that to the thousands of women who have unfortunately had to undergo such operations. I feel the utmost respect for Miss Joanne Cassar for her guts and determination to carry out the operation to bring her body in line with her mind and fight through the bureaucracy to gain her just rights. May she now know the happiness and peace of mind that she so thoroughly deserves.
Paul Portelli
Nov 30th 2010, 15:34
did you stop to read and think about your comment before posting?!?
rachel
Nov 30th 2010, 18:31
And ladies and gentlemen, here we revert to the darkness of the middle ages.... unless a woman can be permanently tied to the kitchen sink and pregnant once a year she is not worth... I agree with whomever said live and let live...... good luck !
Chritopher Farrugia
Nov 30th 2010, 12:22
The ultimate proof should be genetic. Does her sex change? Has his chromosones become XX ?
I would really like to read his DNA profile...
Daniel Cassar
Nov 30th 2010, 12:29
What exactly changes in your life if you let this person become a bit happier and marry as she wishes? "I would really like to read his DNA profile..." smacks of pure cruelty and sadism. Makes us no better than Hitler's scientists, takes us down to the level of robots and mechanics. I also wonder what a better place the world would be had this person not been allowed to marry.
K.Zammit
Nov 30th 2010, 12:30
Quite frankly I think it is none of anyone's business. If her partner is happy marrying her, why should anyone be bothered with her chromosones?!!! Live and let live!
thomas hedley
Nov 30th 2010, 12:31
Prosit Jo...you are a fighter
C.Sammut
Nov 30th 2010, 12:51
... As to whether they have the right to marry that is purely established by law for all and sundry. But if genes say male it is exactly a marriage between two males. Still I will not condone two males who wish to make their union official.
S. Calleja
Nov 30th 2010, 13:16
@ Christopher Farrugia. I would really like to read YOUR DNA profile... I'm sure I can find a few flaws from someone who can't spell his own name.
Ramon Casha
Nov 30th 2010, 13:22
The idea that humans are divided into those with XX chromosomes and those with XY chromosomes is good enough for high school biology textbooks, but no further. Besides, do we normally check people's genetic profile before allowing them to marry? If not, then you are discriminating against this woman by subjecting her to such a procedure.
M.vella
Nov 30th 2010, 16:18
@ k.Zammit. You're a breath of fresh air. 'Live and let live' , i couldn't agree with you more.
C.Sammut
Nov 30th 2010, 21:31
@Ramon Casha.. the only problem I see here is that same gender people are not allowed to marry but an exception has been made in this case... and well it discriminates against the others.
K.Zammit
Dec 1st 2010, 13:39
@ M.Vella - "You're a breath of fresh air"... I get that a lot :) But thanks. That's the way things should go - everyone should simply mind their own business and live their lives the way they feel is most beneficial to them with responsibility towards other beings - human or otherwise i.e without hurting others. That's my religion and I hope many others will take up such philosophy. The world would be much better off.
Matthew Vella
Jan 6th 2011, 11:55
So you're social life is based more on your genetic dna as opposed to what you look, act and feel like? She is a woman.