Chinese Transsexual Given Right to Marry Boyfriend, Groundbreaking Change to Hong Kong Legislation

A Hong Kong transsexual woman has won the right to marry her boyfriend, in a radical court decision that changes Chinese marriage legislation.

The woman, who is referred to as "W" in the Court of Final Appeal, has annulled the city's past laws that detail marriage as a right solely for couples who were born as opposite sexes.

W, who is in her 30s, underwent gender confirmation surgery more than five years prior to her court date, Monday.

She maintained that her gender, both pre and post-op, were acknowledged under state law-her marriage, therefore, should also be legally recognized, and if it was not, it was a violation of her constitutional rights, wrote the Agence France-Presse.

"I have lived my life as a woman and been treated as a woman in all respects expect as regards to my right to marry," W's statement read. W was not present in court on Monday.

The city's Marriage Registrar fired back, saying that she and her boyfriend could not legally marry because she was born a male. Her birth certificate-a document which cannot legally be changed-said she was born a man, and technically a union with her boyfriend would be rendered illegal.

But the jury of five ruled in W's favor, saying that it was an outdated and contrary notion to fixate on birth gender.

"It is contrary to principle to focus merely on biological features fixed at the time of birth," the court's written judgment read.

It also said that preexisting legislation "[impairs] the very essence of W's right to marry," prompting a total turn-around of Hong Kong marriage laws.

W's lawyer, Michael Vidler, told the press that the court's ruling was a "landmark decision."

"The effect of this decision is that W will be allowed to marry, and should be allowed to marry her boyfriend," he said. "This is a case about sexual minorities being recognized and that their rights are just as important as everyone else's."

The government now has one year to change the city's marriage laws.

Hong Kong is just one of a handful of countries and states that have switched up former laws banning same-sex marriage.

New Zealand legalized gay marriage in April, as did France in February.

In the US, Delaware passed a same-sex marriage law last week, along with eleven other states.