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Hong Kong Court Denies Marriage Rights to Transgender Woman

 

A court in Hong Kong yesterday denied the right to marry to a transgender woman who had filed a legal challenge against Hong Kong's marriage laws. The plaintiff, who underwent sex reassignment surgery in 2008 and can legally be referred to only as "W," argued that her rights under the Constitution and the Bill of Rights were violated because Hong Kong's Marriage Registry allows only cisgendered men and women to marry.

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High Court Judge Andrew Cheung ruled that he saw no evidence to support "a shifted societal consensus in present day Hong Kong regarding marriage to encompass a postoperative transsexual."

Cheung expressed sympathy for W, saying he is "acutely conscious of the suffering and plight of those who suffer from transsexualism, and the prejudice and discrimination they face as a minority group in our society."

But he added, "That alone, however, is quite insufficient to found the fundamental change in the law sought by the applicant in the present case."

While denying W her right to marry, however, Cheung also expressed sympathy with her, and said that the government should not consider it a victory and should rethink its policies in the future:

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It "is certainly hoped that the government will not view the result of this litigation as simply a victory; particularly not as a victory over those who have the misfortune to be suffering from transsexualism," he wrote in his judgment.

"Rather, it is hoped that this case will serve as a catalyst for the government to conduct general public consultation on gender identity, sexual orientation and the specific problems and difficulties faced by transsexual people, including their right to marry."

The ruling was criticized by the Director of Hong Kong Human Rights Monitor, Law Yuk-Kai, who said that:

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"A person's basic human rights are not dependent on majority acceptance. The public doesn't have the right to impose its values on other people."

W herself expressed great disappointment, and said that she's determined to continue the fight:

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"I'm not going to get married elsewhere. I am a Hong Kong resident and it is my right to marry my beloved boyfriend here.

"Transgendered people are being discriminated against by Hong Kong law.

"On the one hand, the government gave me hope as I received a subsidy for my operation and was allowed to change the gender on my identity card and school certificates.

"On the other hand, I was prevented from marrying my boyfriend."

Her attorney, Michael Vidler, confirmed that he and W will be filing an appeal:

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"She is determined to be treated as a woman and accorded the same rights as a woman," Mike Vidler told reporters.

"She still cherishes the hope that she'll be able to marry her boyfriend. Maybe not today, but in the near future, and not after 10 years of consultations, government procrastination or inactivit

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