Transgender Rights and Marriage Equality in Hong Kong

Running head: HUMAN RIGHTS
Human Rights
Name of the Student
Name of the University
Author Note

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Introduction:
The research paper intends to examine the decision of the Court of Final Appeal of Hong
Kong in the well-known case W v. The Registrar of Marriages. Therefore, the intention of the
research paper is to refer to various journal articles for the purpose of evaluating the decision
held by the Court of Final Appeal. The research paper intended to highlight various theoretical
questions related to right to marriage, recognition of transgender men and women in relation to
marriage and equality. The research paper has been conducted for the purpose of examining the
fact that how the existing sources and the perspectives of various authors would be useful in
developing knowledge regarding the constitutional validity of the observed in W v. The
Registrar of Marriages.
Discussion:
According to the perspective of modern authors, the experiences of both male and female
transsexuals in a modern era should be examined in order to evaluate their issues and
experiences1. In this regard, many participants came forward to share their views and
perspectives regarding their previous life2. Therefore, it can be emphasized based on their
experiences that most of the participants preferred their post transition life as compared to their
positive self-identification. The issues regarding their right to marriage and their recognition in
the society were rightly addressed in this regard. In this regard, it is noteworthy to mention here
that most the participants can be identified as gay and lesbian however; they were active only in
1 Brown, Chris, et al. ‘Female to Male Transsexuals: Giving Voice to Their Experience’ (2016) 16-39 Journal of
LGBT Issues in Counseling, 10.1.
2 Brubaker, Rogers, ‘The Dolezal affair: race, gender, and the micropolitics of identity’ (2016) 414-448 Ethnic and
Racial Studies, 39.3

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their communities3. At present they are not accepted in the modern society and even lacking
support from their previous community.
In modern era, the concepts of transgender and transracial prevail in interaction with each
other. Therefore, it can be rightly commented that the society has identified the definition of a
transgender and have associated the term with gender identity. In this regard, the famous case
study of Rachel Dolezal can be referred who was originally the daughter of white parents and has
undergone major transformation and has been living as a black woman since then. In this
context, it is worth mentioning that such identification created major political storm within
communities however; it can be emphasized that such identity is closely related to equality and
recognition of the transgender communities and not political provocation. It is noteworthy to
mention here that, as a result of adequate responses from the part of the society regarding the
proper identification and acceptance of the definition of transgender people.
It can be rightly commented that for the purpose of building supportive communities, it is
important on the part of the societies to accept and give equal importance to the concept of
gender equality. It is essential to have adequate knowledge regarding the subject matter of
gender dynamics and how these dynamic influences the interactions of daily life. According to
the modern authors, the concept of gender identity from the very beginning emphasizes on the
deeper meaning of gender and undermines the importance of gender in our daily life4. It can be
further highlighted that the concept of gender identity is closely related to recognition of
transgender community. It can be opined that the gender identity of a transgender person in most
3 Capous-Desyllas, Moshoula, and Cecillia Barron, ‘Identifying and navigating social and institutional challenges of
transgender children and families’(2017) 527-542 Child and Adolescent Social Work Journal, 34.6
4 Chang, Adam R., and Stephanie M. Wildman ‘Gender in/sight: Examining culture and constructions of gender’
(2017) 43 Geo. J. Gender & L, 18

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of the cases does not match to their assigned birth sex and therefore undergoes transition.
Therefore, it is important to emphasize the important facts which were observed in the landmark
case of W v. The Registrar of Marriages. In this case, it was observed that since birth the
appellant has been registered as a male from birth. However, the appellant has undergone
psychological and medical treatment and even hormone therapy and thereafter underwent sex
reassignment surgery. After the issuance of medical letter, it was confirmed that she will be
recognized as a female however she could not amend her birth certificate. In this case, the
Registrar of Marriages refused the application of the appellant based on the grounds that she was
a man by referring to the provisions of Section 21 and 40 of the Marriage Ordinance. In this case,
the Court was of the opinion that, even various treatment facilities were implemented by the
government for the purpose of allowing transsexuals to undergo medical changes and to be
recognized according to the gender of their choice, there is no constitutional acceptance
regarding the understanding of gender within the right to equality and marriage.
In this regard, the power of the courts to identify the issues related to gender justice can
be emphasized. In this context, it can be rightly emphasized that it is important on the part of the
civil rights litigators to determine the underlying problems experienced by the LGBTQ
communities. According to the perspective of modern scholars, it is important on the part of the
individuals of the society to identify the role played by transgender people and their rights to
marriage and equality otherwise; these communities will cease to exist5. In this regard, it is worth
mentioning that, if the individuals do not address the issues faced by the transgender
communities, then it will be difficult on the part of the Courts to provide utmost importance to
gender equality and marriage equality including their identification in the society. The
5 Chiang, Howard, ‘Intimate equality and transparent selves: Legalising transgender marriage in Hong Kong’ (2017)
166-181 Culture, Theory and Critique, 58.2