Joanne Cassar files submissions in sex change case
Lawyers refer to European Court ruling
Joanne Cassar has filed submissions following an appeal by the Attorney General from a court decision which recognised her gender reassignment surgery and gave her the right to marry a man.
In the submissions, Cassar's lawyers pointed out that in part of the first court's judgement, it had made a reference to a section of law introduced a few years ago by which transsexuals could file a court application to have the details changed on their birth certificate.
The judge had stated that since the government had introduced this section, then for all intents and purposes at law the State was recognising the transsexual as a woman. Therefore all the legal consequences followed, and thus the State had to allow Ms Cassar to marry a man.
They rejected the claim, first made by the Director of Public Registry, that this section of law was introduced only to protect the person’s privacy and not because the State was recognising her acquired sex.
The lawyers also referred to the Human Rights case, Christine Goodwin vs. UK where the court had ruled that the state could not prevent such people from getting married.
Defence counsel argued that what the judgement of Goodwin vs UK stated was that the European Court felt it was time to reconsider the position of transsexuals, given not only the developments in the view of marriage but also the developments in medicine and science with regards to the transsexuasl’ situation.
The world of medicine and science were recognising that transsexuals had a condition that needed to be catered for. The European Court in that case stated that the State could not restrict their right of marriage to such an extreme that the very essence of the right was impaired.
Judgment has been deferred for the end of May.
Lawyers Jose Herrera and David Camilleri filed the submissions.
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Sabrina Tanti
Feb 16th 2011, 15:02
This has to be ended and ms joanne cassar must have her rights can't you ppl see that she's a human being and has rights too!!! what does EU stand for????!!! if she has no rights in my opinion EU stands for nothing!!!!!She has all the rights to live her life and even get married whats wrong with a woman to be married with a man???!!!This is all descrimination from A to Z!!!
Marianna Galea Xuereb
Feb 16th 2011, 10:42
The women's movements should be insisting on legislation that permits and regulates civil unions. The word "Marriage" should continue to be reserved for a civil or religious union between a genetic male and a genetic female. It is wrong of the Maltese authorities to allow only the words "male" or "female" in the gender sections of identity cards. Descriptions such as "hermaphrodite”, "hermaphrodite – prefers male outlook", "trans-sexual", "transgender to female appearance" etc. should be allowed. That way whoever has to view such people's identity cards will instantly know how to avoid offending them and to address them as Mr. or Ms according to their preference independent of genetic make-up. Give Gays, Lesbians, Trans-sexuals etc. the right to a state re-cognized civil union but not to marriage.
“Se si sbaglia ad allacciare il primo bottone di una camicia di conseguenza si sbaglieranno tutti gli altri. Gli altri però non saranno errori, ma solo la logica conseguenza del primo bottone sbagliato.” - Fabio Volo
Peter Korsten
Feb 16th 2011, 23:26
Has Ms Cassar ever interfered in your life? No? So what gives you the right to interfere in hers? It's none of your business. People in this country are too much convinced that they know what's best for someone else, and you're no exception.
Francis Mercieca
Feb 16th 2011, 07:37
How long are we going to carry on with this farse. Miss Cassar is a woman. "Pitying" such people we say that 'nature has put a girl in a boy's body". Courageous Miss Cassar has changed this and is now a girl in a girl's body. So what's the big deal. Let her marry and be happy. And on the other had do the authorities who are opposing this case, care about what this farse is costing the taxpayer? Where are the women's movements? We have enough serious problems to solve and congestions and backlogs at the courts. "THE END" please and live and let live.
saviour falzon
Feb 16th 2011, 04:34
This is her life!
the court had given her all the rights!
who is behing all , to stop her from marrying her loving man?
if the man loves her, than yes, let them live their life!
who are we, to get in th middle of them?
who is behind all of this to stop them?
well 1+1=2
we all eat from our mouth, it's easy like that to know who is behind .
joe micallef
Feb 16th 2011, 00:00
Get over it who cares if she get married or not or with who she live it her life all this money court cases for what just forget it Joanne go and enjoy your life,life is to short don't worry what everybody say because otherwise you go crazy.
J. Xuereb
Feb 15th 2011, 23:45
That's the way Joanne, keep fighting for what is right!!!! well done for being a true person with no masks like the rest of society!!
Colette Farrugia Bennett
Feb 15th 2011, 23:26
Same old legal arguments brought forward by the lawyer representing the Attorney General and the Public Registry. I heard their arguments and it felt like I had gone back in time. Come on...comparing gender reassignment surgery to cosmetic surgery when it is clear that the surgery simply "fixes" the body to correspond to the psychological being of the person.
M.Cachia
Feb 15th 2011, 23:08
Answer me this. Does this person have a Y chromosome. Aren't all bearer's of the Y chromosome me?
Ramon Casha
Feb 16th 2011, 10:26
Does the director of the public registry normally check a person's chromosomes before doing his job and giving them their marriage certificate? If not, then it would be discriminatory on Joanne if she were requested to do so.
Besides, in answer to your question, no. Most, not all, bearers of the Y chromosome are men.
Mario Borg
Feb 16th 2011, 10:58
@ M. Cachia,
You are absolutely right! Visual appearance does not constitute gender. Genetics does.
Raymond Sammut
Feb 17th 2011, 09:42
@ M.Cachia & Mario Borg
The sex chromosomes on their own do not determine the sex of the individual. Although the X and Y chromosomes play an important role, sex is determined by the entire mosaic of the genome.
While it is the role of medical science to assist in determining correctly on whether a person is male or female, it is unacceptable that the State discriminates against citizens on the basis of genetics.
Jesmond Micallef
Feb 15th 2011, 22:17
From a fellow human being, may I express my support to Ms. Joanne Cassar and wish her success with her ongoing struggle. This person is a social being just like everbody esle and so wish her all the happiness, society can ever provide. God bless her.
n.pace
Feb 15th 2011, 18:50
Yawn
This is getting boring now. Good luck to Ms. Cassar but can we move on now and hear something interesting??
Gary Sant
Feb 15th 2011, 19:51
Is it Joanne's fault that her rights are still being denied in spite of European Court of Human Rights rulings on the matter that Malta is duty bound to respect? This item needs to remain in the news until justice is finally done. If you want something interesting in the news I'm afraid that you will have to work for it, as the 'divorce debate' is teaching us very well.
martin saliba
Feb 15th 2011, 19:57
Seems you did wish her good luck. That was nice of you.
Raymond Sammut
Feb 16th 2011, 00:34
@ n.pace
We do not read about, and follow this case, because it is "interesting". This is about the State conducting itself, in my view, in a discriminatory way against a citizen who suffered the ill-fortune of their sex being incorrectly identified by hospital staff at birth. The case presents a common occurrence. It involves what is a purely medical issue which needs to be addressed by all governments worldwide. Malta, as a full member of the European community, should be leading by example.
N. Pace
Feb 16th 2011, 12:46
Ray Sammut
There are other injustices being made to other people and they are not being splashed on newspapers.
I honestly wish Ms. Cassar well and hope she gets things sorted quickly and as painless as possible for her but that's it
Raymond Sammut
Feb 17th 2011, 02:02
@ N. Pace
This issue is not being "splashed" here on The Times. This issue is being given the importance it deserves, and the extent of coverage is at the discretion of the Editor.
I agree with the Editor's judgment because this issue has very serious and long term ramifications in regard to State discrimination against disadvantaged citizens in Malta --discrimination which, in my view, is based on prejudice and ignorance.
If you don't agree with the Editor's judgment, you are always free to publish your own newspaper. And with your "that's it" attitude, I cannot see how anyone could have asked for your "honest" wishes.