Saturday, November 14, 2009

Hong Kong Transwoman Fights For Her Marriage Rights

Here's another example of the how the GL push for same gender marriage has had a deleterious effect on the ability of transpeople to get married.

Thanks to my sis Leona Lo, I heard about this Hong Kong case.

Trans people in South Korea, Singapore, Japan, parts of Europe and even parts of mainland China have the right to get married and do. You would think that Hong Kong would also follow suit because it was ruled by Britain for 156 years until it reverted back to Chinese control in 1997.

Nope.

Despite its worldwide image as a modern, cosmopolitan city, Hong Kong is a largely traditional and conservative society where GLBT groups inside and outside of it often complain of intolerance, harassment and discrimination.

Thanks to growing 'Christian' fundamentalism in Hong Kong, it's getting worse for transpeople. Like everywhere else on the planet, the Hong Kong fundies have targeted transpeople as their 'Great Satan' to organize and rally against.

A twentysomething post operative transwoman is gearing up for a Hong Kong High Court battle to marry her boyfriend. She was told the reason she cannot do so is because Hong Kong law only recognizes marriages between a couple born as male and female.

Hong Kong transpeople can change their identity cards and school certificates to reflect their gender identity and be recognized as such, but do not have the right to marry someone of their birth gender.

And there's the rub. Someone in the Registry of Marriages has failed to note the simple fact that a transwoman, be she pre, post or non operative is a woman, period.

That means she does have the right to get married to any man, cis or transgender and this is NOT a same gender marriage.

In a landmark care in Hong Kong, a judicial review of the adverse ruling by the Registrar of Marriages is being conducted.

The transwoman in question has requested anonymity as she fights this ruling. and her attorney, Michael Vidler, said his client had undergone SRS within the past five years after years of gender therapy.

He told Wednesday's South China Morning Post that she was now "pleased to be a woman" and was in a stable relationship with her boyfriend.

The registrar's decision had "disregarded the gender therapy, ignored the reassignment surgery and deprived transsexuals of their human rights," Vidler told the newspaper.

A hearing was expected to take place in the next two weeks to set a date for a full hearing into the case.

But it's a travesty she's having to fight so hard just to marry the person she loves.