Independent: Court: Attorney General appeals decree giving transsexual the right to marry

http://www.independent.com.mt/news.asp?newsitemid=117558
23.12.2010
The Attorney General has appealed the Constitutional Court's decree giving a post-op transsexual the right to marry.

In a reply of rebuttal, Joanne Cassar's lawyer insisted with the court that the decision was correct.

The fact that Malta does not recognise transsexuals goes against Article 8 of the European Convention. This had been established by several court judgements including some given by Maltese courts in their Constitutional Jurisdiction.

Ms Cassar insisted the first court had commented that as a result of previous court judgements, amendments in article 257A of the Civil Code had been introduced.

The court had also commented that Article 9 of the EU Charter of Fundamental Rights had removed the reference to man and woman.

The Attorney General said in his appeal that marriage must take place between a couple with different sexual organs distinguishing them between a man and a woman. Marriage regulations fall under the power and the discretion of the signatory states of the European Convention. This does not oblige any state to recognise marriages that go against the Maltese public order and in Malta marriage should take place between two persons of opposite sexes.

The First Court of the Civil Court, presided over by Mr Justice Joseph R. Micallef, had revoked another court's decision giving its approval for a transsexual person to marry.

The First Hall of the Civil Court had given Joanne Cassar the right to change her sex on both her identity card and birth certificate. They also show her female name. She then applied to marry; however the Public Registry director had refused to issue the marriage banns.