Claudia Calleja
I’m not inferior to other women – Joanne Cassar
Joanne Cassar, who has undergone gender reassignment, is fighting for the right to marry the man she loves when he comes along. Photo lifted from Facebook
Joanne Cassar, who underwent gender reassignment surgery seven years ago, is insisting she is a woman for all legal intents and purposes and has the right to marry a man.
The 29-year-old feels that amending the law to allow her to strike some form of life partnership, as proposed by a court ruling, will still deprive her of her right to get married.
“I’m not inferior to other women… They can invent a million type of partnerships. I want the right to marry... I am a woman and want the rights that come with it,” she told The Times.
A series of court cases that followed the Marriage Registrar’s refusal to issue the marriage banns in 2006 ended on Monday when the Constitutional Court ruled that Ms Cassar’s fundamental rights to marriage and family life had been breached. However, this was not because of the banns issue but because there was a lacuna in the law that did not allow people to enter into any form of life partnership after undergoing gender reassignment surgery.
Ms Cassar had underdone surgery in the UK when she was 22 after being diagnosed with gender identity disorder, a conflict between a person’s physical or apparent gender and that person’s self-identification.
Ms Cassar is insisting that since the state agreed to change her gender to female on her birth certificate, she is a woman for all legal purposes including marriage.
After exhausting all her legal options in Malta, her lawyers – David Camilleri and Jose Herrera – will next week open a case in the European Court of Human Rights.
Asked if there were plans to change the law following Monday’s ruling, the Justice Ministry declined to comment on the matter since Ms Cassar declared she would appeal to the European court and comments could prejudice the case.
Ms Cassar admitted she was initially very disappointed after hearing the ruling.
“I was in a bad state at first but then I picked myself up as I realised I had always been willing to take the case to Europe. I always knew it would end there.
“I don’t feel I lost Monday’s case completely... Even though the court did not say that wedding banns should have been issued, it recognised that my fundamental rights were breached...
“I feel the court acted as (Pontius) Pilate... It washed its hands of the problem and circled rather than solved it,” she said.
Ms Cassar insisted she was fighting for her right to marry. She was not going to get married tomorrow but wanted the right to use it when the time was right.
“Like any other woman I feel the best thing in life is getting married and having a family. And don’t bring children into the argument... For me marriage is not only about having children. You marry a man because you love him,” she said adding that hopefully, one day, she would get to wear a white dress.
“If I win the case in Europe the victory will be for the whole country,” she said, adding she also wanted compensation for all the suffering and expenses she incurred as a result of the state’s refusal to issue her wedding banns in 2006.
Ms Cassar’s battle for marriage started in September that year when she and her partner applied for the wedding banns. The Marriage Registrar refused to issue them even though Ms Cassar had legally changed her gender to female on her birth certificate after the surgery.
Her wedding was planned for December 2007 although the couple is no longer together.
In February 2007, Ms Cassar won a civil case in which the court ordered the Registrar to issue the wedding banns, only for the decision to be revoked on appeal in May 2008.
She then opened a case in the First Hall of the Civil Court in its constitutional jurisdiction, claiming a breach of human rights. The court ruled in her favour last December when it found that the registrar could not have refused to issue the banns once she was recognised as a woman.
The Attorney General appealed claiming a wrong interpretation of the law and on Monday the Constitutional Court found that although Ms Cassar’s rights had been breached this was due to shortcomings in the law to cater for some form of partnership for people in her situation. It did not result that the banns should have been issued.
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23 Comments
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Danny Formosa
May 25th 2011, 15:21
Nibqa skantat b'kummenti ta niesa favur din il-kwistoni....Igiefieri ikollok partijiet intimi bizzejjed biex thossok mara.Mhux ta b'xejn hawn nuqqas ta self esteem kbira.Jien al haga wahda bizz nirrabja l-fatt li hawn hafna irgiel jek ktista tejdilom hekk li iheggu dawn l-affarijiet u hawn niesa dajfa minhabab nuqqas self-esteem.Lil joanne cassar nejdilha l-importanti li tati kas dak li thoss int u mhux li jejd haddiehor ilaliex gismek jista jinbidel jew jghaddi min abbuz pero ruhek ijja tijek u qadt m'ghandek titlifa.Izda nejd ukoll u dina todt ghal kulhadd li onesta,rispett,dixiplina u d-dinjita andom jigu l-ewwel u ma tista tejd qadt tejd x'andi inqas min mara anzi jekk propju thossok mara iktar u iktar andek tejr u tadatta ruhek min mara ta vera mela toffendi n-natura.Ilaliex ma tista qadt tqum u l-ada wara 20 sena nejd ha nirranga u issir mara.Thoss l-imhabba ta vera u pacenzja li tista ittik mara u anda mara huma affarijiet li ma tistax tighallem ax ikunu go fik pero jekk thossok hekk tista tadatta pero qadt tippretendi u wisq anqas toffendi l-krejatur tal-bniedem temmen fiex temmen bhala religjon.
Ms Gabi Calleja
May 25th 2011, 13:21
There is already a life partnership law that applies to Joanne Cassar. Its called marriage and this i have no doubts will be borne out by the European Court of Human Rights in Strasbourg.
Jesmond Micallef
May 25th 2011, 12:15
GO GO GO Dear Joanne, you have alot of support behind you, rest assured. Let your smile shine through. You have won many people's hearts here.
Saviour Sam Agius
May 25th 2011, 13:39
Jeżistu wkoll nisa fin-natura mingħajr ġuf. Jeżistu wkoll ermafroditi li għandhom iż-żewġ partijiet u ġieli jkollhom ġuf u ġieli le. In-natura ma taqtax linja dritta daqs kemm ħafna jaħsbu. Ikun iblah min jaħseb dan għax ifisser li ma jafx fuq xiex qiegħed jitkellem.
Fid-dinja nimxu ħafna fuq mudelli li naraw ta' kuljum. Il-minoranzi, isimhom magħhom, ma tantx aħna mdorrijin bihom u għalhekk jagħtuna f'għajna għax iħassrulna l-immaġni perfetta ta' iswed u abjad.
Mr Louis Cutajar
May 25th 2011, 12:07
Hemm hafna aspetti li jaghmlu persuna mara jew ragel, mhux biss dak li kif wiehed jidher jew xi jhoss imma hemm dawk l-aspetti xjentifici li jaghmlu persuna mara jew ragel apparti il-partijiet privati tal-gisem. Fin-natura il-mara ukoll ghandha guf li dan jista jnissel u jaghti l-hajja. Dan huwa aspett importanti li il-mara jaghmilha mara ghax ir-ragel superjuri kemm hu superjuri qatt ma jista' jaghmilha. U nahseb dan huwa fatt li irridu naccettawh. Dan ma jfissirx li din il-persuna ma jistax ikollha relazzjoni ma min trid, jekk thoss dawn il-gibdiet ma nistax nikkundanha, imma qatt ma nistghu insejhu din ir-relazzjoni bhala zwieg, ghax id-definizzjoni ta zwieg hija bejn ragel u mara bl-ghan li jkollhom l-ulied.
Gabriella Cassar
May 25th 2011, 12:44
mela n-natura ghala halqet nies transesswali u omosesswali?! il-bniedem holoq iz-zwieg u mhux in-natura ... dik id-differenza trid tara! u le z-zwieg mhux ghall-ulied biss!! iz-zwieg jaghtik hafna drittijiet li persuna single m'ghandix, bhan-nuqqas fit-taxxa!
Mr Louis Cutajar
May 25th 2011, 13:12
Huwa l-ghan principali taz-zwieg li l-koppja jkollha l-ulied li hu frott ta' l-imhabba ta' bejniethom. Wiehed jizzewweg persuna ghax ihobba u mhux ghat-drittijiet bhal taxxa u hekk. , u barra minhekk hija naturali li l-mara jkollha l-ulied u mhux ir-ragel. Ghaqada bejn ragel u ragel nista nsejhila li rrid imma qatt ma nista nsejhilha zwieg. rigward meta persuna titwieled omosesswali jew hekk, ghadna ma nafux jekk hix xi haga parti min-natura jew inkella hija rizultat ta xi haga ohra li persuna titwieled hekk, rigward dan sa fejn naf jien m'hemm'x studju. U il-maggoranza li jaghzlu li jkunu gay mhux ghax verament ikunu hekk fil-verus sens tal-kelma, imma hafna ghax jesperimentaw u jkunu huma li jaghzlu dik il-hajja u mhux ghax jitwieldu hekk, u tista tkun is-socjeta stess li taghmilhom hekk.
Saviour Sam Agius
May 26th 2011, 00:01
Jeżistu wkoll nisa fin-natura mingħajr ġuf. Jeżistu wkoll ermafroditi li għandhom iż-żewġ partijiet u ġieli jkollhom ġuf u ġieli le. In-natura ma taqtax linja dritta daqs kemm ħafna jaħsbu. Ikun iblah min jaħseb dan għax ifisser li ma jafx fuq xiex qiegħed jitkellem.
Fid-dinja nimxu ħafna fuq mudelli li naraw ta' kuljum. Il-minoranzi, isimhom magħhom, ma tantx aħna mdorrijin bihom u għalhekk jagħtuna f'għajna għax iħassrulna l-immaġni perfetta ta' iswed u abjad.
JOE CAMILLERI
May 25th 2011, 11:47
RE "Asked if there were plans to change the law following Monday’s ruling, the Justice Ministry declined to comment on the matter since Ms Cassar declared she would appeal to the European court and comments could prejudice the case."
Who has spoken for the Justice Ministry?
Is this the official Government policy?
Sounds to me like saying,..."Left to our own devices, we will not change the law to repair this lacuna in our law , but would propose to change the law only if the European court so rules." This seems a terrible reflection on how our laws are managed. For if there is a lacuna, resulting in a breach to Ms. Cassar's fundamental rights to marriage, there should really be no impediment to changing the law immediately, without reference to any decision of any court outside Malta. This looks very much like a delaying tactic heaping further injustice on Ms. Cassar and anyone else in her situation.
Mr Dominic Chircop
May 25th 2011, 11:44
The law is not an ass. The legislator is.
And when you have legislators who think that they are God's spokesmen, after some time they will start considering themselves God.
Now, the local gods have spoken that Ms Cassar is not a man. She is not even a woman. Therefore, have the maltese gods created something new ? Something that not even God has thought of ?
The lunatic catholic fundamentalist fringe at its best !!!!!!
Jeff Mead
May 25th 2011, 11:36
I tell you what SHE is better looking then my indoors thats 4 sure. Let and Let Live Malta, my motto is not to dictate to others as how they want to live their lives the way the dictatores want to live theirs. eh what say you?......................... Comprende Amigos. Francois Esteva'
Mr Andrew Cauchi
May 25th 2011, 11:22
You go Joanne! Drag Malta kicking and screaming out of the middle ages
Mr John Borg
May 25th 2011, 10:54
No need to even marry now that divorce is being proposed.
Ara veru min hu mejjet ghaz-zwieg u min hu mejjet biex jholl iz-zwieg.
LE ghad-divorzju
Mr Kevin J Vella
May 25th 2011, 11:07
x'ghandu x'jaqsam???!!!! Divorce is the end of a civil contract has nothing to do with the church. what this woman wants is the right to equal treatment under the law. ie the right to contract civilly! Understand the issues before shooting comments from the hip and have some real compassion if you claim to be a true Christian
N. Galea
May 25th 2011, 11:23
Xghanduuuu xjaqsam??? jien qas biss ghadni mizewga u nghid IVA ghad divorzju! mhux ghax irrid li zwieg ma jirnexix.. din xinjoranza hi? kulahdd jitkellem mil warani!!!!! irid id divorzju ghax fil hajja qatt ma tista tghid xjigri!!! Mela hawn xi hadd fid dinja jrid jizewweg u ma jritx li iz zwieg jirnexxi... maaaa tal biza!!! igri jasal is sibt ha nehilsu!!!
Mr M Vella***
May 25th 2011, 11:24
Meta bniedem jibqa poggut m'huwiex meqjus li qieghed fil-kuntest ta' familja. start a new life IN MARRIAGE and not in cohabitation. Which, ironically, is the only solution being offered by the lunatic 'No' movement . Vote YES.
N. Galea
May 25th 2011, 12:03
LOL Mr Vella same reacation! I thought that my comment was posted twice at first haha! :)
Jesmond Micallef
May 25th 2011, 12:24
Take a walk, Mr. John Borg. Why can't you see that this person has had some pretty tough times in her life.
She has had the courage and will power to go through all that, and maybe you should consider what kind of person you are looking at here. In all probability most pure men (with pedigree) would feel threatened by her tremendous strength, think about it, Mr. Borg.
I say, may she fulfill her dreams.
Mr Mario P. Sciberras
May 25th 2011, 10:42
The law is an ass. If she looks like a girl, feels like a girl and thinks she is a girl...then probable she is a GIRL. For Christ sake, leave the girl alone, let her live her life.
Mr Kevin J Vella
May 25th 2011, 10:34
No you are not inferior to anyone. You are a human being, a fellow citizen and a person who has passed through a lot. Your courage should be rewarded. I wish you all the luck to win your battle and settle down happily in married life with the man you love. Corraggio
Mr Roderick Micallef
May 25th 2011, 09:35
Take your issue to the European Courts of Human Rights, this is not the first time that Maltese Law Courts have been found of hindering human rights. The more time goes by the more I realize we live in a medieval country, our political leaders not only have antiquated ideas and hinder human rights but also try to impose their religious believe systems on the general public by even mentioning them in their speeches and parliament.
Every one speaks about responsibilities but the people that lead the country are not only they don't act on their duties but shed their responsibilities onto others, Divorce is one of the most recent issues that has been handed down onto the general public to decide just because we have a government that didn't have enough strength to sort the issue for himself! The cherry on the cake is that in Malta no matter what happens no one resigns even if they have multiple stories of corruption dangling with their names and faces on one ever resigns or is responsible for his/her actions and reading the above story it is evident that this includes our law courts as well!
Mr Adrian Vella
May 25th 2011, 09:02
"because there was a lacuna in the law that did not allow people to enter into any form of life partnership after undergoing gender reassignment surgery."
For God's sake, it is the year 2011. Get off your backsides and change the law.
This lady has been put through hell for the last six years. You would think that, in all this time, something would have been done about this unjust and frankly, mean law.
Mr David Willow
May 25th 2011, 08:56
Yes you are a woman Joanne - and you have rights like everyone else - this backward country and those that are against you need to wake up and smell the coffee.....this is the 21st century not the days of the nights and the inquisitor.......get real - this is a modern world with a completely different set of ways of life none of which are detrimental to everyone - only to some who cannot accept real life, and real people with real feelings and emotions and needs.
GOOD LUCK TO YOU GIRL..BEST WISHES FROM ME