Transsexuals seek marriage rights (The Independent)
Transsexuals seek marriage rightsThe government could be forced to grant marriage rights to Britain’s 5,000 transsexuals if a former nurse wins a legal battle to have her “husband” benefit from her NHS pension. Yesterday three Court of Appeal judges were told the Health Secretary’s decision not to recognise the nurse’s marriage to her transsexual husband, by refusing his right to her pension when she dies, breached their human rights and was discriminatory. Under British law, transsexuals cannot alter their birth certificates and so cannot legally marry a person of the same birth sex. But during the hearing Lord Justice Aldous acknowledged that “in reality” the nurse’s husband “is a man”. The court ordered anonymity for the nurse and her partner, who went through an adapted Church of England marriage ceremony. Laura Cox QC, representing the nurse, told Lord Justices Aldous, Brooke and Sedley that the case had been referredto them by the EmploymentAppeal Tribunal because ofthe “fundamental human rights” elements. She said her client, a nurse and care manager for 20 years, was being supported by the pressure group Justice, and the Equal Opportunities Commission. The employment tribunal had ruled there was no discrimination because under the pension rules the pair had to be married to benefit from her pension if he were to become a widower. Ms Cox said: “She complains that the benefits payable under the NHS pension scheme are being denied to her partner, a female to male transsexual, and this is discrimination on the grounds of sex.” He had gone through a “lengthy and painful process of treatment and operations” to be able to live in his true gender identity. “He lives as a man, presents as a man and to all intents and purposes the couple present to the world as man and wife.” The Court of Appeal referred the case to the European Court of Justice. Copyright © 2000 Independent Newspapers Ltd | |||||
