Law Commons^™

This paper concerns a highly publicized Court case in Hong Kong, regarding a transsexual woman’s right to marriage. In 2010, Miss “W,” as she has been known, sought recognition of post-operative transsexuals as a legitimate “man” or “woman” in a matrimonial union. She also sought declaration from the Court that should such recognition be denied, the existing marriage laws should be pronounced unconstitutional. After several rounds of litigation, the Court of Final Appeal ruled in W’s favor, setting a groundbreaking precedent in gender-related jurisprudence in Hong Kong. This paper first briefly discusses the legal and social context for understanding marriage, …