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Hong Kong court allows transgender woman to marry a man | Hong Kong court allows transgender woman to marry a man |
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Hong Kong's top court has granted a transgender woman the right to marry her boyfriend in a watershed ruling that falls short of allowing same-sex marriage. | Hong Kong's top court has granted a transgender woman the right to marry her boyfriend in a watershed ruling that falls short of allowing same-sex marriage. |
The surprise decision only covers the right of a transgender person who was born male to marry a man, and for one who was born female to marry a woman. | The surprise decision only covers the right of a transgender person who was born male to marry a man, and for one who was born female to marry a woman. |
Monday's ruling by the court of final appeal brings Hong Kong in line with many other places in the Asia-Pacific region, including mainland China, where transgender people are allowed to marry as their new gender. | Monday's ruling by the court of final appeal brings Hong Kong in line with many other places in the Asia-Pacific region, including mainland China, where transgender people are allowed to marry as their new gender. |
The court ruled in favour of the woman, identified only as W. One of the judges on the five-member panel dissented. | The court ruled in favour of the woman, identified only as W. One of the judges on the five-member panel dissented. |
W's lawyer, Michael Vidler, said his client was overjoyed. W, who is in her 30s, was born a man but had surgery in 2008 to become a woman. The hospital issued a letter certifying her new gender. | W's lawyer, Michael Vidler, said his client was overjoyed. W, who is in her 30s, was born a man but had surgery in 2008 to become a woman. The hospital issued a letter certifying her new gender. |
Vidler read a statement by W to reporters in which she said that after the surgery she had lived her life "as a woman and been treated as a woman in all respects except as regards my right to marriage". | Vidler read a statement by W to reporters in which she said that after the surgery she had lived her life "as a woman and been treated as a woman in all respects except as regards my right to marriage". |
"This decision rights that wrong," the statement said. | "This decision rights that wrong," the statement said. |
Vidler said the ruling would not take effect for 12 months, giving the government time to change marriage laws. | Vidler said the ruling would not take effect for 12 months, giving the government time to change marriage laws. |
The judges noted that from evidence and submissions received, "it appears in the Asia-Pacific region, such marriages are permitted" in mainland China, Singapore, India, South Korea, Japan, Indonesia, Australia and New Zealand. Same-sex marriage remains rare in the region, though New Zealand approved it last month. | The judges noted that from evidence and submissions received, "it appears in the Asia-Pacific region, such marriages are permitted" in mainland China, Singapore, India, South Korea, Japan, Indonesia, Australia and New Zealand. Same-sex marriage remains rare in the region, though New Zealand approved it last month. |
In China, the ministry of civil affairs clarified the law in 2003 to make it clear that transgender marriage was legal. | In China, the ministry of civil affairs clarified the law in 2003 to make it clear that transgender marriage was legal. |
Hong Kong retains a separate legal system from mainland China. | Hong Kong retains a separate legal system from mainland China. |
In New Zealand, probably the most liberal country in the Asia-Pacific region when it comes to gay and transgender issues, such marriages have been legal since a court ruling in 1994. The country also had the world's first openly transgender member of parliament. | In New Zealand, probably the most liberal country in the Asia-Pacific region when it comes to gay and transgender issues, such marriages have been legal since a court ruling in 1994. The country also had the world's first openly transgender member of parliament. |
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