|
''W v Registrar of Marriages'' () was a landmark court case for LGBT rights in Hong Kong. In a 4:1 decision, the Court of Final Appeal gave transgender people the right to marry as their identified gender rather than their biological sex at birth. ==Background== The applicant of the case was only identified as W and born as a male. However, W was subsequently diagnosed with gender identity disorder. W started receiving medical treatments since 2005. After having successfully undergone sex reassignment surgery in 2008, she was issued with a new identity card and a passport reflecting her sex as female. In November 2008, W hired a lawyer to confirm with the Registry of Marriages whether or not she could marry her boyfriend. W was denied. The Registrar denied W to marry her boyfriend because of her sex at birth as male. Hong Kong did not recognise same sex marriage, and still hasn't. And the Government only accepted one’s biological sex on the birth certificate for marriages purposes, regardless of one’s current identity card or passport. Subsequently, W believed the Registrar’s refusal had violated her constitutional right to marry as well as her right to privacy and brought the case to court for judicial review. Both the Court of First Instance and the Court of Appeal upheld the Registrar’s decision; and thus W appealed her case to the Court of Final Appeal. On 13 May 2013, the Court of Final Appeal overturned the Register’s decision and held that W could marry her boyfriend. The Court of Final Appeal, however, issued a stay to put the decision of letting W to marry her boyfriend on hold for a year to allow time for the Government to amend the law.〔http://www.hklii.hk/eng/hk/cases/hkcfa/2013/39.html Court of Final Appeal's Judgment〕 (Court of Final Appeal judgment paragraphs 2, 19, 20, 58, 60)〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「W v Registrar of Marriages」の詳細全文を読む スポンサード リンク
|