Tuesday 17th July 2001

Transsexual loses court appeal over marriage

A male-to-female transsexual who married a man 20 years ago has failed in her legal challenge to have her wedding vows recognised in law.

The Court of Appeal upheld a ruling by a High Court judge in November last year that Elizabeth Bellinger’s marriage was void.

Dame Elizabeth Butler-Sloss, the President of the Family Division, said the case highlighted a “human problem”.

She said the court was “very much aware of the plight of those who, like the appellant, are locked into the medical condition of transsexualism”.

But she said as the law now stood, Mrs Bellinger, 54, could not be recognised as a female and therefore her marriage to her husband, Michael, was invalid.

She added: “With the strictures of the European Court on Human Rights well in mind, there is no doubt that the profoundly unsatisfactory nature of the present position and the plight of transsexuals requires careful consideration.”

Mrs Bellinger, who was earlier in tears in court, said after the ruling: “We are now going to consider an appeal to the House of Lords.”

Asked how she felt, she replied: “Very grateful that one of the Lords Justices was seen to recognise our plight and also very disappointed that there was an opportunity today to correct a great injustice for a lot of people and that hasn’t been done.”

Story filed: 10:38 Tuesday 17th July 2001

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