Appeal in gender reassignment case
The Attorney General has appealed from a court decision giving Joanne Cassar the right to marry a man after her gender reassignment surgery.
Four years ago, Ms Cassar and her then partner applied for marriage banns but the Marriage Registrar refused to issue the banns even if Ms Cassar had legally changed her gender to female on her birth certificate after the surgery.
In February 2007, the civil court ordered the issue of the banns but the decision was revoked in May 2008 when a judge ruled Ms Cassar would never be considered to be a “woman” according to the Marriage Act. The court also declared the change in her birth certificate, allowing a change of name and gender, was only intended to protect the right to privacy and to avoid embarrassment.
But Ms Cassar would not give up and opened a case in the First Hall of the Civil Court in its constitutional jurisdiction, claiming a breach of human rights. She won the case last month.
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D Delia
Dec 23rd 2010, 09:14
The courts are not right. They have ignored the benefits of medical science which the courts are becoming dependent on. Medicine tells us that the genetic makeup of every person establishes whether he is a man or a woman no matter how much surgery one can do. The courts were also not right in changing the birth certificate for the obvious reason that no one can change history no matter how one feels about it.
The court’s decision is absurd as much as saying that if I manage to grow another two legs I could say that I have been born a horse.
Joe E Galea
Dec 23rd 2010, 08:44
I have the suspicion that those who are against LGBT have personal sexual issues like being LGBT themselves but are lost in their closet. The attorney general should focus on more important issues rather than harassing this woman. Yes she is a woman now. There are many naturally born woman who are infertile, so there is no difference between them and Joanne.
STOP BIGOTRY NOW!!!
David Fenech
Dec 22nd 2010, 16:52
Doesn't the Attorney General have anything better to do with his time and the tax payers' money, other than to harass this person? Aren't there other serious issues that need his attention?
isabelle luca borg
Dec 22nd 2010, 11:31
live and let live!!!
o.galea
Dec 22nd 2010, 10:54
seriously !..... stop harassing this woman !
hasn't she been thru enough ? She's not a criminal .