{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2024,9,6]],"date-time":"2024-09-06T02:08:38Z","timestamp":1725588518306},"reference-count":8,"publisher":"BMJ","issue":"2","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["J Med Ethics"],"published-print":{"date-parts":[[1980,6]]},"abstract":"<jats:p>This paper begins with a discussion of the current legal definition of sex laid down in Corbett v Corbett. The implications of this test for three areas of the law, marriage, birth certificates and employment are then examined. Solutions from the United States of America and West Germany are studied and the suitability of similar solutions being transplanted into British law discussed.<\/jats:p>","DOI":"10.1136\/jme.6.2.92","type":"journal-article","created":{"date-parts":[[2008,11,6]],"date-time":"2008-11-06T00:48:04Z","timestamp":1225932484000},"page":"92-97","source":"Crossref","is-referenced-by-count":2,"title":["Transsexualism: a legal perspective."],"prefix":"10.1136","volume":"6","author":[{"given":"J M","family":"Thomson","sequence":"first","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]}],"member":"239","published-online":{"date-parts":[[1980,6,1]]},"reference":[{"key":"ref_1","first-page":"963","article-title":"37 where a person who was biologically female with functioning ovaries had an artificial vagina made in order to accommodate a normal sized penis: she was held by the Court of Appeal to have the capacity to consummate marriage. 'This paper is primarily concerned with English law. However, it is thought that Scots law is substantively the same on both the transsexual's capacity to marry and his capacity to consummate, ifthe law were changed to allow him or her to marry. See Clive and Wilson, The law of husband and wife","volume-title":"For a full discussion of these issues, see The reform of family law","volume":"974","author":"otherwise W) (No","year":"\"2)\" # \"34,\" # \"I978)\"","unstructured":"(otherwise W) (No. 2) [I963] P. 37 where a person who was biologically female with functioning ovaries had an artificial vagina made in order to accommodate a normal sized penis: she was held by the Court of Appeal to have the capacity to consummate marriage. 'This paper is primarily concerned with English law. However, it is thought that Scots law is substantively the same on both the transsexual's capacity to marry and his capacity to consummate, ifthe law were changed to allow him or her to marry. See Clive and Wilson, The law of husband and wife (W. Green and Son, I974) pp. 34, 44 ff. \u00b0For a full discussion of these issues, see The reform of family law in Europe (ed Chloros) (Kluwer I978) Ch. 3. \"A parallel - but less radical - example is the English Law Commission's recommendation that Church of England banns should no longer be a valid legal preliminary to marriage; they would only continue"},{"key":"ref_2","article-title":"It should also be noted that at present because of the biological test, a transsexual and a person of the same legal sex would not be treated as 'a man and woman living with each other in the same household as husband and wife' for the purposes of the Domestic Violence and Matrimonial Proceedings Act 1976. The statute provides, inter alia, that a partner to a de facto heterosexual relationship may seek an injunction in the county court against the other cohabitee if he or she is violent and, if necessary, the violent cohabitee can be expelled from the home","unstructured":"It should also be noted that at present because of the biological test, a transsexual and a person of the same legal sex would not be treated as 'a man and woman living with each other in the same household as husband and wife' for the purposes of the Domestic Violence and Matrimonial Proceedings Act 1976. The statute provides, inter alia, that a partner to a de facto heterosexual relationship may seek an injunction in the county court against the other cohabitee if he or she is violent and, if necessary, the violent cohabitee can be expelled from the home. See Davis v. Johnson [1978] 2 WLR 553."},{"issue":"2049","key":"ref_3","article-title":"because a male transsexual remains legally male, he cannot be the victim of rape, as opposed to indecent assault..\"Section 29(3) of the Births and Deaths Registration Act 1953. Regulation 75 of the Registration of Births, Deaths and Marriage Regulations I968. S","volume":"968","author":"Moreover","unstructured":"Moreover, because a male transsexual remains legally male, he cannot be the victim of rape, as opposed to indecent assault..\"Section 29(3) of the Births and Deaths Registration Act 1953. Regulation 75 of the Registration of Births, Deaths and Marriage Regulations I968. S.I. I968 No. 2049. Two qualified informants state the nature of the error and the true facts of the case. The position in Scots law is similar.","journal-title":"I; Two qualified informants state the nature of the error and the true facts of the case. The position in Scots law is similar"},{"key":"ref_4","article-title":"Ct.) 6i. '5It has been suggested that this is the position in Scots law and that a transsexual could petition the nobile officium of the Court of Session for such a declarator. See Walker D M, Principles of Scots Law(2nd","volume":"221","author":"Sh","year":"1975","unstructured":"(Sh. Ct.) 6i. '5It has been suggested that this is the position in Scots law and that a transsexual could petition the nobile officium of the Court of Session for such a declarator. See Walker D M, Principles of Scots Law(2nd. ed. 1975 Oxford) Vol. I, 221 ff. 16[I977] IRLR 121.","edition":"ed"},{"key":"ref_5","article-title":"Bowly [1978] IRLR 253 (male schoolteacher fairly dismissed for having been convicted of gross indecency with another man over 2I in a public place although no evidence that he ever had sexual relations with male pupils); Saunders v. Scottish Camp Association (unreported) (male homosexual fairly dismissed in spite of recognition of change in public opinion towards homosexuals, because 'there is undoubtedly a considerable proportion of employers who could take the view that the employment of a homosexual should be restricted, particularly when required to work in proximity and contact with children'). But contrast Bell v. The Devon and Cornwall police authority [I9781 IRLR 283. (Homosexual canteen worker unfairly dismissed because he had not lied to the employer about his sexual inclinations since the employer had not asked him about them and evidence was insufficient to establish that customers would be upset if knew he was a homosexual)","author":"See, also; for example; v, Nottinghamshire C.C.","unstructured":"See, also, for example, Nottinghamshire C.C. v. Bowly [1978] IRLR 253 (male schoolteacher fairly dismissed for having been convicted of gross indecency with another man over 2I in a public place although no evidence that he ever had sexual relations with male pupils); Saunders v. Scottish Camp Association (unreported) (male homosexual fairly dismissed in spite of recognition of change in public opinion towards homosexuals, because 'there is undoubtedly a considerable proportion of employers who could take the view that the employment of a homosexual should be restricted, particularly when required to work in proximity and contact with children'). But contrast Bell v. The Devon and Cornwall police authority [I9781 IRLR 283. (Homosexual canteen worker unfairly dismissed because he had not lied to the employer about his sexual inclinations since the employer had not asked him about them and evidence was insufficient to establish that customers would be upset if knew he was a homosexual)."},{"key":"ref_6","article-title":"Lord Devlin The enforcement of morals","year":"I963).","unstructured":"Lord Devlin The enforcement of morals, (Oxford, I965), cf Hart, H L A, Law liberty and morality (Oxford, I963)."},{"key":"ref_7","article-title":"For an excellent example of this type of approach, see Kennedy, I M, Transsexualism and Single Sex Marriage","volume-title":"Anglo American law review, 112. Mr Kennedy takes a much less sceptical view of the function of marriage in contemporary society than the present writer: this inter alia accounts for the differences in our approach to the problem","year":"1973","unstructured":"For an excellent example of this type of approach, see Kennedy, I M, Transsexualism and Single Sex Marriage (1973) Anglo American law review, 112. Mr Kennedy takes a much less sceptical view of the function of marriage in contemporary society than the present writer: this inter alia accounts for the differences in our approach to the problem."},{"key":"ref_8","article-title":"The Law and Transsexualism in West Germany (1978), Family law","author":"Horton","year":"191.","unstructured":"Horton, The Law and Transsexualism in West Germany (1978), Family law, 191."}],"container-title":["Journal of Medical Ethics"],"original-title":[],"language":"en","link":[{"URL":"https:\/\/syndication.highwire.org\/content\/doi\/10.1136\/jme.6.2.92","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2024,5,31]],"date-time":"2024-05-31T02:06:16Z","timestamp":1717121176000},"score":1,"resource":{"primary":{"URL":"https:\/\/jme.bmj.com\/lookup\/doi\/10.1136\/jme.6.2.92"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[1980,6]]},"references-count":8,"journal-issue":{"issue":"2","published-online":{"date-parts":[[1980,6,1]]},"published-print":{"date-parts":[[1980,6]]}},"alternative-id":["10.1136\/jme.6.2.92"],"URL":"https:\/\/doi.org\/10.1136\/jme.6.2.92","relation":{},"ISSN":["0306-6800","1473-4257"],"issn-type":[{"value":"0306-6800","type":"print"},{"value":"1473-4257","type":"electronic"}],"subject":[],"published":{"date-parts":[[1980,6]]}}}