Around the world, a percentage of the population are transgender since they feel that the sex that was assigned to them at birth is not congruent with their gender they identify with. Malta and Gozo are no different than the rest of the world, and a small percentage of the population have difficulty with identifying with the sex that corresponds to their sexual organs.
In 1994, the Maltese Law Courts introduced the possibility if changing one’ sex on the official documents if a person who suffered from gender identity disorder had undergone irreversible sex reassignment. A number of transgender persons requested this change in documents by going to court and after presenting a certificate of the irreversible surgery, a medical expert is appointed by the court to physically examine the person verify the surgical procedure. This in itself continues to discriminate against post-operative transgender persons because it violates their human dignity and does not allow the possibility of self-identification.
Since 2008, I have accompanied Joanne Cassar to court for her Constitutional Court Case against the Public Registry where she is requesting for her right to marry a person of the opposite gender. After two years of court sittings’, deferred sessions, a psychological profile assessment, and sitting at the back of the court room in support towards Joanne and many other transgender persons ….finally a judgement was called.
It is every person’s human right to choose to marry and form a family, and this is enshrined in the United Nations’ Declaration of Human Rights. Should the Public Registry appeal this recent decision taken by Judge Ray Pace , the case continues for the final stage of appeal at the Maltese Constitutional Court, however European Court of Justice case law cannot continue being ignored by the Maltese State and although the path to victory may be longer, the result is positive for my friend Joanne and the members of the Maltese Transgender Community.