13 May 2013
W v. THE REGISTRAR OF MARRIAGES
- Citation
- W v. THE REGISTRAR OF MARRIAGES
- Court
- Court of Final Appeal
- Case number
- FACV4/2012
Majority held that although the domestic statutes were originally construed to adopt Corbett’s biological criteria, those criteria are now too restrictive because they ignore psychological and social factors and post‑operative medical realities and therefore, as so construed, unconstitutionally impair the essence of the right to marry; the proper remedial interpretation is to read "woman"/"female" in MO s40 and MCO s20(1)(d) to include post‑operative male‑to‑female transsexual persons certified by appropriate medical authority, with declarations suspended for 12 months to permit legislative a…