Joanne Cassar loses transsexual marriage case
Joanne Cassar this morning lost the appeal filed by the Attorney General from a court sentence which had granted her the right to marry a man after her gender reassignment surgery.
The case goes back to September 2006 when Ms Cassar and her then partner applied for marriage banns. The Marriage Registrar refused to issue the banns even though Ms Cassar had legally changed her gender to female on her birth certificate after the surgery.
In February 2007, Ms Cassar won a civil case in which the court ordered the Marriage Registrar to issue the wedding banns he had previously refused to issue. However, in May 2008, the decision was revoked on appeal.
The court ruled Ms Cassar would never be considered to be a “woman” according to the Marriage Act and 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.
Determined to fight for her right to marry, she 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.
However the decision was again overturned on appeal this morning. The Court argued that the Marriage Registrar was correct in the interpretation of the law and the law did not not provide for circumstances such as those of Ms Cassar's.
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Andrew J Said
May 24th 2011, 22:43
Why does the article refer to him as a she?
I just can not understand.....
Mr Joe Xuereb
May 24th 2011, 18:51
@Maria Vella. I agree but only up to a point that sometimes people need to be protected from themselves. This is not one of those instances.
Gender assessment and subsequent realignment of the physical characteristics is very much a medical/psychological matter. The approach is not like going to a dentist to have a troublesome tooth extracted. The preparation of the change-over can take years and years of preparation to make sure that the person being reassigned is comfortable with the subsequent change. This entails therapy and even living 'as a woman' before the operation itself. If this is done properly I cannot see that it concerns anybody other than the person concerned. Using emotive language like 'please everybody and there will be anarchy' is pointless and rather shallow I'm afraid. It is so easy for the paranoid insecure to think that transexuals and gay people will take over the planet. I wouldn't want that anymore than you do Maria.
There have been cases of men in UK who were to impatient with the National Health Service. They went to Casablanca to have the operation on demand, no questions asked. Many ended up messed up, mentally if not physically.
Ms Roberta Caruana
May 24th 2011, 16:13
Unbelieavble such decisions, I really support Ms.Joane Cassar and thank her for paiving the way for the future !!
DeAlana Rothenberg
May 24th 2011, 03:01
I don't agree with the fact that any court or political system should have the right to deny anybody their right to be happy and live the life that will make them happy. Regardless of the system: European, American, Etc. It shouldn't be up to anyone else to decide what is best for you. The world is being run by bullies using school yard rules. It's all completely childish and unbecoming of this so-called intelligent race. STOP WITH THIS HOMOPHOBIC AND TRANSPHOBIC FEAR SYSTEM AND GET OVER YOUR DELUSIONS OF GRANDEUR. THESE KINDS OF LAWS ARE MADE BY PEOPLE WHO FEAR LIFE BEING FAIR FOR LGBT PEOPLE, BECAUSE THEY FEAR THAT THEIR CHILDREN WILL CHOSE TO MARRY A SAME SEX PARTNER OR WANT TO CHANGE THEIR GENDER WITHOUT A LEGITIMATE REASON. If they do it's because that is who they LOVE OR That is how they have seen themselves through out their lives, NOT because they were influenced by someone else's way of life. Lets Stop Trying To Control Each Other and Just Live Our Lives. REALLY CHILDREN IT'S TIME TO GROW UP NOW AND STOP BULLYING EACH OTHER. YOUR MAKING MOMMY VERY ANGRY. LOVE Always DeAlana.
Ms Maria Vella
May 24th 2011, 13:05
Whilst human rights are important there is a difference between "live the life that will make them happy" and what is good for the country. Rules are needed otherwise anarchy will come into play.
Whilst I emphathize with Ms. Cassar and hope that legislation will be changed to adapt to certain needs we must not assume that everything which will make us happy is a given and assumed right.
Joseph Farrugia
May 24th 2011, 23:02
@Ms. Maria Vella:
to put "anarchy" into the context of a person who has undergone gender reassignment surgery (& therapy) & is trying to marry the person she loves is nothing short of barbaric. A bit of empathy & genuine unprejudiced love for fellow human beings would not go amiss.
Mr Joe Xuereb
May 23rd 2011, 22:00
I found this documentary very interesting. This is the situation in Iran, of all places. Apparently, if there is nothing in the Koran to forbid gender reassessment > realignment, then such procedures are perfectly acceptable in the legal sense if not the social sense.
http://www.cultureunplugged.com/play/4329/The-Birthday
David Camilleri
May 23rd 2011, 16:49
I am commenting as one of the lawyers assisting Joanne Cassar. I disagree with your title. Actually the Consitutional Court's judgement was partly in her favour. It declared that the fact that she was not allowed to marry breaches her fundamental human rights as per article 8 and 12 of the European Convention. What the Constitutional Court overturned was the remedy given to her by the First Hall Civil Court in it's Constitutional Jurisdiction. Instead of ordering the Director of Public Registry to issue the relative bans the appellate court declared that parliament should legislate to cater for a pertnership for life for instances like hers. We will still be appealing from this decision to the European Court.
Alfred Bugeja
May 23rd 2011, 17:53
Well, as far as I know, our Constitution does not allow for the Courts to instruct the House of Representatives what it should or shouldn't do. The Constitutional Court merely asked for a copy of this sentence to be sent to the Speaker.
Mr Malcolm Seychell
May 23rd 2011, 18:00
Good Luck.
Jesmond Micallef
May 23rd 2011, 18:11
So this in effect means the appellate court decided it's up to parliament to approve a new form of binding partnership or relationship other than that relating to the traditional marriage, have I understood this correctly ? So, Ms. Joanne Cassar is still insisting that she wants the right to marriage in accordance with 8/12 of the European Convention. Is this the basis for the European Court appeal, Dr. David Camilleri ? I would appreciate a reply just as a matter of interest, if you may.
Ms P.M Graham
May 23rd 2011, 16:31
es anyone actually believe Ms Cassar will give up here? I do hope not, and I hope that whoever has made this ridiculous decision realizes that this is going to cost the Country dearly.
Ms Cassar's birth certificate says female and her intended at the time was male. There be the end of it as stated in the marriage act.
"The Court argued that the Marriage Registrar was correct in the interpretation of the law and the law did not not provide for circumstances such as those of Ms Cassar's".
That she is female?
If the law doesn't provide for these circumstances then there is no law to stop her marrying, (unless of course a new clause is going to be added :) (and I for one would love to see the way that was worded), As it stands now, I don't know what leg the Court is standing on.
I predict if this does go to the European Court, someone somewhere is going to be in extremely hot water.
Mr Ellsworth Camilleri
May 23rd 2011, 16:16
So the court simply amends birth certificates to post-op transgender persons « in order to respect their privacy and spare them any embarrassment” … How very nice of our court!!! But then why doesn’t the court allow transgender people who have not gone through all the transition process, to change their birth certificate? Shouldn’t we also respect their privacy and spare them embarrassment? Completely illogical!
Stop discrimination on grounds of gender reassignment!
Daniel Camilleri
May 23rd 2011, 15:13
With all respect but sex is determined by Nature how we are born and other issues such as operations, religion or other beliefs are irrelevant. Marriage is a union between a male and a female to create a family. If anyone else want to have a civil union I believe they can have it, but don't call it marriage, as a family cannot be created with same sex unions, how will they procreate.??!
This have nothing to do with divorce!!
Mr David Willow
May 24th 2011, 10:49
HOW BACKWARD ARE YOU AND THIS COUNTRY?
Ms Dorielle Soler
May 24th 2011, 12:29
I can't agree there - not all couples marry with the intention of procreating you know ! Otherwise infertile people would never marry would they ? Neither would those who are past the age of producing children and neither would those who don't want children . I guess people mostly marry .... for good old fashioned love ! Lack of children does not a marriage dissolve ! I believe this lady should be able to marry - she is now female, her certificates say so, and its just cruel not to let her get on with her life like others do. Why do we humans have to be so inhuman to each other ????
Ms Emma Xerri
May 23rd 2011, 15:11
If Ms. Cassar had legaally changed her 'gender' on the birth certificate, that to me means the law agreed with her that she was female, with all the rights and privileges that this entails and that is why it had ordered the birth certificate changed, then what right has the Marriage Registry to form its own decision on the case? Are the Maltese Courts in charge or can any Governmental department act independently and make their own arbitrary decisions? It seems that the Civil Court agrees that this should be indeed the case.
Is Ms. Cassar female for certain situations and male for others? A human chameleon if you will? When they coined the term 'the law is an ass', they must have been thinking of this particular ruling made by our retarded First Hall of the Civil Court.
Marianna Galea Xuereb
May 23rd 2011, 15:04
Common sense has - thankfully - prevailed, even if belatedly.
But Civil Union legislation is still required in order to grant gay/ lesbian /transgender people reasonable basic rights.
Mr Denis Pace
May 23rd 2011, 15:01
Joseph Grima....ridiculous argument. Hit out at Gonzi for everything that happens under the sun.
It's our constitution. Get a 2/3 rds majority and change it.
Or...get an MP to pass a private member's bill and go for a referendum.
That's the law.............
Mr Joseph Grima
May 23rd 2011, 14:44
who needs any more proof that we are living in a confessional state?. The institutions, led by the Gonzi governemnt play seconid fiddle to the local church. That positioon has benefits for Gonzi to br reaped at election time
Mr Ronald Cauchi
May 23rd 2011, 14:38
What apathetic country we live in. Im 68 and been hoping since I can ever remember that this island would one day catch up with the rest of the civilised world. I guess I either have to live for ever or give up hope completely.
Mrs C. Weitze
May 23rd 2011, 14:03
Joanne Cassar has unfortunately become an indirect victim of the divorce debate.
So close to the referendum and in the middle of a "Christ vs. Devil mud fight", it was the worse time for her to go on appeal.
Tell you what Joanne: just grab your partner, go abroad and get married!
The local authorities will probably have to acknowledge your marriage anyway. Just like they are acknowledging divorce, when it was granted abroad.
Mr Mario P. Sciberras
May 23rd 2011, 13:52
The Corbett decision has finally been laid to rest. The gender on a birth certificate, which is based purely on an examination of external genitalia at birth, is now only prima facie evidence of gender – but it can no longer be considered conclusive. As Ms Wallbank says, what is between the ears is more determinative than what is between the legs.
The courage of Kevin and Jennifer and their legal counsel, Ms Rachel Wallbank, stands as inspiration for all those who struggle for human dignity and the right of all individuals to pursue their own ideal of happiness.
NO COMMENTS
Jesmond Micallef
May 23rd 2011, 13:35
Here Ms. Joanne Cassar, enjoy this sweet song from Lucio Dalla, "Attenti al Lupo"
http://www.dailymotion.com/video/x25un2_lucio-dalla-attenti-al-lupo_music
A perspective of both the soul and the physical now follows:
Why is it that when under circumstances of religious belief, celebacy is established and accepted practise when this same celebacy can be withdrawn if the person decides to leave the religious order and get married, purely according to fee will ? Surely Maltese Law allows for the freedom of religious belief but with such cases as Ms. Cassar's here, it seems that she simply cannot get married. What are her other options in Malta ?
One would expect that the law would be considerate and that it promotes inclusion rather then seclusion, whether its based upon the physical reassesment of the human body or yes indeed, that of the soul, such as a change in calling.
Ms. Cassar is locked in "Limbo" in Malta, and from a fellow human, think its pretty unfair and tough on her too. She has a wish to get married, an accepted and established social status, and this status is being denied to her.
Wish to offer Ms. Cassar, my solidarity.
Ms F Goodwin
May 23rd 2011, 13:33
Not surprising, but definitely unfair. I hope she will appeal to the European Court. If she lacks the funds perhaps take up a public collection or do some kind of fundraising?
Mr Chris Mifsud
May 23rd 2011, 13:31
Malta will remain where it is 300 years backwards for as long as his Holiness Cardinal Gonzi and his fellow clegymen remain in power. After all its all for the common "good".
Mr Jean Pierre Fava
May 23rd 2011, 13:07
Can anyone tells me which direction were heading here in Malta? Shame on laws and who is in charge of them, even shame on those who are voting No in the referendum altough i don`t agree with the referendum, but that is what you take from GonziPn. Thank you.
Mr C Galea
May 23rd 2011, 12:59
Yet another sad story that Malta can be proud off. where does Europe start, hint not in Malta.
Mr Alex Wright
May 23rd 2011, 12:56
Well it is no surprise that the powers to be have had their say here too.
My idea is to name and shame Malta for being a Medieval, Fourth World country. The Inquisition for minorities is on full blast here.
We whouls promote Malta as the new Fundamentalist State in Europe where human rights meaning ZERO !
Long live Maltese Fundamentalism - our only natural resource.
Zoe Brain
May 23rd 2011, 12:53
"Speaking from the scientific aspect, regardless of her gender identification, this person still has XY chromosomes..."
Well, *really* speaking from a scientific aspect.... 1 in 300 men don't have XY chromosomes, and some women do. For example:
"A 46,XY mother who developed as a normal woman underwent spontaneous puberty, reached menarche, menstruated regularly, experienced two unassisted pregnancies, and gave birth to a 46,XY daughter with complete gonadal dysgenesis." -- J Clin Endocrinol Metab. 2008 Jan;93(1):182-9
Unfortunately, most schools still teach the myth that ALL men, without exception, have XY chromosomes, and ALL women, without exception, have XX ones. Most do, but then again, men are taller than women too. But there are exceptions.
Biological sex is rather more complicated than just looking at the chromosomes, and by the most reliable measure - the anatomy of the brain - Ms Cassar was female at birth. Anatomically.
Mr Joe Xuereb
May 23rd 2011, 12:43
If Joanne Cassar feels happier as a woman (ultimately it is a medical issue) then who are we to stand in her way? As a man who only experiences amorous responses towards other men and wouldn't have it any other way, so gay - as in contented - am I!, I certainly cannot (stand in her way). That said....
Joanna could opt to get married in Catholic Spain, a progressive country after decades of Church endorsed repression, and even adopt kids if that's what she wants. She could also cohabit - very fashionable and respectable in Malta. This because marriage is only a piece of papers. The married/single woman's lot is not a happy one given the base nature of the male. Meaning that, in the modern world a woman can support herself indefinitely without a man.
The problem here - if I may widen the debate - is that people inherently cannot much tolerate the differentness in other people; their 'shakey' identity is easily threatened in other words. Vis-a`-vis the immigration issue: we get the do-gooders who entreat us to be tolerant, not to be racist, christian values, traditions, blah blah blah. Now last time I looked, black people were different to white people by virtue of their skin colour, and mutually different traditions, customs, religions, embraced or found abhorrent according to taste (and which is what clinches the argument) and the other way round of course. So much for automatic integration which many would make us believe is an automatic. It isn't. So! gist of all this is that, anyone who does not like a homosexual BUT says s/he is not 'racist' (see what this means, ie being different beyond the superficiality that is skin-colour), is a lying hound and a two-faced hypocrite.
Go for it Joan. There are many things you can do that don't need recourse to any law, good or asinine. Just be yourself. Nobody can police your thinking. Certainly no pope nor prelate.
What a gay day! Thank god for diversity and being genuinely comfortable with it - heterosex don't bother me. So why should my homosex bother you, you pathetic nonentity? There I've said. Stone me!
Thank you Joanna for affording me yet again to assert my homosexuality - today, it-Tnejn 23 ta' Mejju, is-sena tas-sinjur minn tagħkom 2011.
Mr Matthew Grima
May 24th 2011, 09:23
Joe, with all due respect, I have nothing against it myself. You mentioned adoption, and to me (till now) it's a no no, both for transsexuals and homosexuals. Reason being, it's too much to ask for in a child to understand at a very tender age, also the huge possibility of abuse. This sadly not just in Malta. You could say that it has to start somewhere to become accepted, but since it's still not I cannot even imagine the kind of mental abuse a child would go through in school etc etc.
vincent a galea
May 23rd 2011, 12:39
Maybe when we join the EUROPEAN UNION things will change !!!!!!!!!!!!!!!!!!!!!!!
Ms B Cassar
May 23rd 2011, 12:38
Malta = Iran = Taliban State
X'misthija ta pajjiz.
Kif jghidu in-nies mghedija bin-nies. Li kieku tlett kwarti minn Malta ma tghaddix il-hin tindahal fil-hajja tal-haddiehor kieku jigu prattikati hafna aktar hobbies. Imma l-ikbar hobby tal-maltin hu l-indhil fejn ma jesahhomx. Ghal gol hajt konna u mija nibqghu!
Christian Abela
May 24th 2011, 11:48
Cioe it transesswalita ghalik hobby ???
Raymond Sacco
May 23rd 2011, 12:37
the coming referendum is not about divorce anymore! it's about the road this country will choose to take. we either choose to join the civilised world and differ between state and religious matters or stay with the regressive countries which, like us, still have a religion entranched in their constitution! countries like iran, saudi arabia and afghanistan!
Mr W Cassar
May 23rd 2011, 12:36
We still have a long way to go, and the law courts need an overhaul not only regarding these kind of cases but also regarding penalties.
Claudia Agius
May 23rd 2011, 12:23
How shameful is that!!! This country has gotten stuck somewhere in the 18th century...
Laws need to be changed, and not just the ones that politicians might need for their personal agenda.
Shameful!!
Victor Rodenas
May 23rd 2011, 12:19
If divorce obtained abroad is accepted in Malta,I think that as somebody else said,if you marry abroad it will be accepted in Malta too.It would be a test case.
Martin Bugeja
May 23rd 2011, 12:10
Dear Joanne
I am really sorry for this latest development. I know it's easy for me to talk and make suggestions. After all, I'm not in the thick of things and certain courses of action require loads of perserverence and money. Anyway, for what it's worth, perhaps you might consider appealing to the EU courts of justice. Who knows? You might succeed there and your accomplishment will then benefit members of future generations.
In solidarity
Martin Bugeja
Mr john vella
May 23rd 2011, 13:05
@wendy isaac
You must be joking! Right!
I lived in Toronto and Windsor, Ontario for 14 years, so all I can write of, is my experience of these two cities! Do you call a city advanced because you having ghettos like 'China Town', 'Little Italy', 'Little Greece' etc., by the way this is the only way these people can survive. I myself was doing just fine till some noisey porker wanted to know my faith, my guilt was I am an RC., your modern city become a hell to me by the local fellow workers. By the way over there because we are not Ango/Sexan we are call 'Theygoes' or 'Displaced Persons' and it is not easy to integrate with the locals, how about when refused hospitalization and left on a stretcher to die all because you have no medical coverage. It sure is a modern country.
Yes Sir, Canada is big, rich, and can survive on its own but the rate of suicide/drug/alcohol taking, and no body seem to be settled happily, sure do not auger well to what you refer the mentality of a modern people especially if you happen to be a hobo begging for a coffee on the street.
Pete Farrugia
May 23rd 2011, 13:25
So long as you keep spending your money here, you're very welcome.
Mr Joe Micallef
May 23rd 2011, 12:02
Why don't you dust your shoes and let these people with small minds liveing and dreaming on there own and go and get married overseas and come back and live the life you want to live and don't let these people make you life hell.
wendy isaac
May 23rd 2011, 11:59
I am not Maltese however we do on occassion visit your nice islands, however we find that the mentality of the locals is something else and reading the article i think that Malta is still backwards and living in the days of the Knights, wake up face reality and move on with the times, never mind what your religious teachings dictate to you, most of these religions not only yours are the cause of disagreements and wars amongst nations. You are now in the EU but for what i can see still living in the dark ages., as i say the country is beautiful and full of heritage, but thats it you have nothing else to offer and this is why the young gneration are now wiser and moving out to pastures new where the standard is much much higher then Malta's or worst still the old sleepy Gozo, fit for the oldies and the has beens. Just an outsiders view of the island you understand, but not necessary everyon's way of thinking.but still room for improvements though in time, but at a very slow pace. Have a nice week all. Please no ifs and buts, you kinow its a fact of the island's way of life, having said this we are always glad to return back home after our visit to a modern country. Wendy Alberta.
Mr J BaldryFarrugia
May 23rd 2011, 14:35
Oh you noticed that too eh? my dear. By the way is Alberta your second name or is it Alberta in Canada?f its Canada its a beautiful country, i loved the place when i was there last, nothinhg compare with malta ofcourse but then again we are glad to hear comments as without comments the Maltese will never learn and will stay be enclosed in that tight shell till dooms day whenever that is.
Ms Emma Xerri
May 24th 2011, 06:41
Yes, very modern indeed the massive ecological disaster of the tar sands in Alberta. Poisoned water and dead wildlife, native people getting sick and the Canadian taxpayers subsidising the very expensive open pit mining of the tar sands that uses tons of hot water to extract the oil from the sand. American oil companies had deemed the Alberta tar sands too expensive to bother with until the Federal Government subsidised the oil companies, so now they are there in droves polluting and getting fatter on the backs of the Canadian taxpayers and leaving an environmental disaster in their wake.
Ginevra Alvarado
May 23rd 2011, 11:58
In which year are we living in?! Dont give up and keep fighting for your rights.
Mr Marius Zulgis
May 23rd 2011, 11:43
Once again - no surprises there, then.
Mr twanny borg
May 23rd 2011, 11:38
l-ewwel indahlu d-divorzju u wara indahlu li ragel jizzewweg ragel. halluna!!
Ms Manquareiel de Caveden
May 23rd 2011, 11:57
Ħadd m'hu qed jgħidlek biex tiżżewweġ raġel int ta Sur borg ikkalma.
Charles Sammut
May 23rd 2011, 12:26
@ Mr twanny borg
Dawn l-affarijiet xorta qed isiru, imma mhux regolati u kulhadd jghaffeg ghal rasu u kif jaqbillu. L-aqwa li f'Malta Kattolicissima, dawn l-affarijiet huma legali imma ma illegittimmi. Ghandna nirbhu il-Premju Nobel ghal Ipokrizija.
Mr Sheldon Mallia
May 23rd 2011, 12:54
Hemm xi haga hazina jekk ragel jizzeweg ragel iehor? ghala le? taf x naf li hawn malta il- mentalita hija wisq maghluqa u minn sippost qed jizra' l-imhabba qieghed jizra l-mibgheda!!!
Mhux kullhadd ghandu dritt ghal hajja li jrid hu
Colette Farrugia Bennett
May 23rd 2011, 11:32
Joanne - Be strong, don't give up... Justice needs to be done with you...and shame our archaic country.
jane deguara nee hughes
May 23rd 2011, 11:31
poor miss Joanne Cassar, Malta or so stuck in the year 1800, i feel really sorry for her and her partner. why don't you go to another country and get married, then come back here to live. as a married couple.
if 2 men can get married without changing there sex. Like Elton John for 1!!! why cant she. good luck
Mr John Doneo
May 23rd 2011, 13:03
Ms Deguara nee Hughes. Please get you facts right. Elton John did not marry his partner. They had a civil partnership Which is quite different from being wed.
Ms Sabrina Borda
May 23rd 2011, 11:31
Looks like there needs to be a whole list of new laws for these Islands.
I am sorry this good person Ms Joanne Cassar has been discriminated against.
Mr Carmelo Aquilina
May 23rd 2011, 11:24
Take your case to the European Court of Human Rights and face a judge who actually knows they're living in the 21st Century
jane deguara nee hughes
May 23rd 2011, 11:52
well said, i just sent a comment also, Malta want to come out of the dark-ages and keep up with the rest of the world
Mr Aristide Galea
May 23rd 2011, 12:51
Well said Mr Carmelo Aquilina. I agree with you 100%. This is Malta of 1000B.C.
Mr Criss Camilleri
May 23rd 2011, 11:22
Miss Cassar, it is a pity that you are going through all this pathetic hassle. However, if I may suggest, WHY NOT GO ABROAD AND GET MARRIED THERE, and this will also serve you and yours a Honeymoon Holiday. Dan id-djuq li hawn f'dan il pajjiz SINJORTINA, hu kollu antipatija.
Ms F Goodwin
May 23rd 2011, 13:36
Because she deserves to have her gender recognised by law, and Malta deserves a legal framework that upholds human rights for everyone.
Mr Mario Bonnici
May 23rd 2011, 11:21
And we're supposed to be a european country!
Mr Dominic Chircop
May 23rd 2011, 11:21
Why are people grumbling ?
Will they never learn that once we have an ultra conservative party in government, any thing which might sully its holier-than-thou image is anathema ?
I hope no Maltese will criticize the Saudis for not allowing women drivers. Closer to home we have religious zealots as comical as mullahs.
I hope Ms Cassar can afford to drag Malta to the ECHR on this
Victor Rodenas
May 23rd 2011, 11:18
Now ,the law must provide for such circumstances.The law can be changed.
Ms G Portelli
May 23rd 2011, 11:12
What a misguided and sorry pronouncement. What exactly are the democratic aspirations of European Malta?
Mr Hubert Paul Farrugia
May 23rd 2011, 11:11
This is a sad day for the LGBT community. This judgment reinforces the fact that not only pastors attack and embarrass LGBT people but also the state. However this is also a sadder day for our country as (as usual) it fails to address and recognize reality, creating an unequal society with first and second class citizens even more. These laws need to change ASAP.
Michael Flaherty
May 23rd 2011, 11:08
Speaking from the scientific aspect, regardless of her gender identification, this person still has XY chromosomes, and is, for all intents and purposes (except possibly reproduction depending on the extent of surgery), still a man, and that is probably amongst the strongest points used to overthrow her appeal. Then again, we are given to understand that the birth certificate has been changed to be no more different than that of any other female. Perhaps this should be revoked in face of this blatant hypocrisy? At least, if a person is to be insulted and humiliated, let it be done properly.
The solution to this problem should, in theory, be solved if civil gay marriage is legalised, and I for one, cannot understand why this hasn't been passed in Parliament yet. Perhaps this should be next on the agenda after this whole divorce farce? I am honestly curious as to how a typical day in parliament is spent, as I can't imagine they're getting much work done, given the sheer amount of outdated laws/bills we still have. I wonder if any active politician reads these comments?
The law should be made to serve and protect the needs of the people, not the other way round.
Zoe Brain
May 23rd 2011, 13:01
J Clin Endocrinol Metab. 2008 Jan;93(1):182-9 -- "A 46,XY mother who developed as a normal woman underwent spontaneous puberty, reached menarche, menstruated regularly, experienced two unassisted pregnancies, and gave birth to a 46,XY daughter with complete gonadal dysgenesis."
Chromosomes aren't a reliable indicator of sex. Neither is genitalia at birth - those born with 5ARD,17BHDD, or 3BHDD syndromes change sex. One characteristic *is* reliable, we've never found an exception - neuro-anatomy. Male and Female brain differ anatomically.
Nature (1995) 378:68–70. -- "Our study is the first to show a female brain structure in genetically male transsexuals and supports the hypothesis that gender identity develops as a result of an interaction between the developing brain and sex hormones"
By the only reliable measure we've found, Ms Cassar is female, and has been since before birth - no matter what she may have looked like in the past.
Michael Flaherty
May 23rd 2011, 15:35
Fair enough, but these are deviations from the norm - you are mentioning a handful of cases which deviate from the billions of established examples, just like how some autistic people are super-smart and others are sadly lacking in mental and physical capacity. You are, of course, correct in your mentioning of these cases (again, a handful, worldwide), and even more correct in mentioning the brain's anatomy.
However, is such evidence admissible in court? One would hope so, then again, our court seems to prefer erring on the side of being conservative, rather than setting a progressive precedent. Also, I am not aware if any information pertaining to the neuro-scan has been published. Then again, it is not to me, nor to any other reader that J. Cassar has to prove her gender, but to the courts.
We are, after all, but amateur Sherlock Holmes wannabes here, attempting to wring out the whole story from a handful of facts.
Mark-anthony Fenech
May 23rd 2011, 11:06
what a parochial country...
Vincent Vella
May 23rd 2011, 11:03
Unfortunatly, nothing much you can do here, although you can just go to the UK and marry there, I believe its possible.
Ms Yaz Tabone
May 23rd 2011, 11:01
take this further! don't give up! it's time for the maltese, the ones that believe in equality n rights, to stand up and fight.. we cannot keep living like this, we cannot keep discriminating.. this country is full of racists n it's time to educate them!!
Saviour Sam Agius
May 23rd 2011, 10:48
Wisq probabbli l-qorti kienet tasal fl-istess konklużjoni kieku riedet tiżżewweġ mara. Tal-għaġeb...
Mela issa tista' tkun mara skont istituzzjoni u raġel skont istituzzjoni oħra.
J. Portelli
May 23rd 2011, 11:07
Mara sa fejn naf jien titwiled MARA bl hormos kolla li mara normali ikolla ( period, tqala etc..etc.) ghalhekk ma gietx rikonoxuta bhala ma tista x tizeweg ma ragel ghax iz zwieg ghadu ikun bejn ragel u mara
Mr Hubert Paul Farrugia
May 23rd 2011, 12:39
@J. Portelli Firstly you spelt hormones badly ... it's hormones (with an e). And being a woman is not all about having a period tqala etc. However hormones are modified in Gender Reparation Surgery, so if for you hormones are what make up a woman (they make up men too) your argument is null as they are addressed during the surgery.
P.S. don't be sexist!
Mr Joseph Brincat
May 23rd 2011, 10:47
Sorry Ms Cassar - unfortunately for you you were born in cobwebbed Malta!
(jb)
Mr John Zammit Ph.D.
May 23rd 2011, 10:43
It is a pity that Malta is going to remain so backwards and not to admit realities!
Mr Michael Mifsud
May 23rd 2011, 10:40
What a sad day for Malta...
Mr Michael Buhagiar
May 23rd 2011, 10:53
What a joyful day for our country. two to nil. Two court sentences in favour of logic and wisdom and most of all: HONESTY.
Ms Manquareiel de Caveden
May 23rd 2011, 11:55
Two nil? Is this a game for you? These are real people with real lives. So much for love and compassion and following Jesus' footsteps.
Ms B Cassar
May 23rd 2011, 13:06
Michael, you make me throw up yesterday's dinner with your comments. How low can you be? Do you really want to be looked at as the perfect catholic? Does god in your bible tell you to joy at other sad stories? If you were part of my family I would be ashamed to carry your surname and be part of your family. What a low non sense desperate person you are. No wonder you approve the church behaviour and racism in this divorce campaign. Grow up for once.
Mr David Willow
May 23rd 2011, 13:12
at m buhagiar - you are a disgrace - this person is a human being and is loved in no different a way by god who in your own catholiic beliefs made hime/her inthe way that he/she is...internally and externally ond of mind and body. Ths country needs to bring itself in to the real world and live in the 21sy century.
Joanne cassr go for it girl and take these people all the way - it is clear to me and many others your rights are no different to everyone elses including those who are against you....take it toe urope if you have to - even if it is only to show how backward Malta and a small minority of its citizens are. you have support for your cause and your case, just look at the letters here - I for one support you wholey and unreservedly.
Mr Paul Barrett
May 23rd 2011, 10:35
Change the law to take these particular circumstances into account and fast track it. Living in the 18th Century does no one any good.
Ms D Galea
May 23rd 2011, 10:33
High time that the law was revised to take such cases in consideration.
Anna Callus
May 23rd 2011, 10:33
@Mr Fenech what open society!?! Alas, the walls around our shores keep getting higher and higher!
Mr Dominic Fenech
May 23rd 2011, 10:23
Not a good year for the open society.
Ms Maria Vella
May 23rd 2011, 10:44
If the law doesn't provide for such circumstances then there isn't much to do, however a change in legislation should be raised and considered as such instances are occuring and it should have a negative impact on the persons
Mr Michael Buhagiar
May 23rd 2011, 10:54
what open society. the illustrissimi society? The intellectual society? my foot. Why didn't you ask your former leader Dom Mintoff to give us divorce? The trashing he gave you at the Annual Conference was enough to make you all run with your tails between your legs.
Anthony Camilleri
May 23rd 2011, 11:01
But a very good year for the taliban society
Ms B Cassar
May 23rd 2011, 13:08
Michael, issa kellimna sentejn ohra meta taqilghu tkaxkira li nispera li int l-ewwel wiehed tibqa tiftakar. Madoff xi hdura tohrog minn halqek f'kull kumment li tghamel.
Please choose the reason of your report below: