Transgender Marriage and the Legal Obligation to Disclose Gender History
Bibliographic Data
| ID | 9193290 |
|---|---|
| Authors | Alex Sharpe (0000-0002-4797-6823, Keele University, corresponding author) |
| Year | 2012 |
| Volume | 75 |
| Issue | 1 |
| Pages | 33-53 |
| Publication date | 2012-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2011.00887.x |
| OpenAlex | W1800809364 |
| Language | EN |
| Citations received | 15 |
| References cited | 19 |
Section 12 of the M atrimonial C auses A ct 1973 as amended by the G ender R ecognition A ct 2004 requires transgender people to disclose their ‘gender history’ to the other party to a marriage prior to the marriage ceremony. Failure to do so enables the other party to exit the relationship through nullity proceedings. This article argues that this provision is discriminatory and encroaches on the right to privacy, breaching A rticles 14 and 8 of the E uropean C onvention on H uman R ights. It challenges the idea, implicit in the provision, that non‐disclosure of gender history is unethical or fraudulent. Crucially, the article considers and rejects the claim that discrimination against and encroachments on the privacy of transgender people are justified because inadvertent sexual congress with a transgender person is potentially harmful. Finally, if a consent‐based right to know exists, it argues that it ought to be trumped by considerations of justice, legal consistency and public policy
Ceremony · Consistency (knowledge bases) · Obligation · Political science · Sociology · Transgender · Discrimination and Equality Law · Gender Studies · History · Law · LGBTQ Health, Identity, and Policy · Reproductive Health and Technologies
Trans men doing gender at work
Transgender Children’s Right to Non-discrimination in Schools
Belonging beyond the binary
Don’t be so hateful
Thirty Years of Human Rights Study in the Web of Science Database (1990–2020)
Must equal mean identical? Same-sex couples and marriage
Feminist and trans perspectives on identity and the UK Gender Recognition Act
Gendered Childhoods, Linear Sex Development and Unruly Temporalities
Zombie Law
Judging in Marriage’s Shadow
Same‐sex marriage legislation and implementation
(Dis)Owning Exotic
Re-orientation
Born again
Policing Transgender People
Secrets
The Construction of Homosexuality
A sex difference in the human brain and its relation to transsexuality
What Comes Naturally
Philosophical Dimensions of Privacy
Gender Trouble
Dichotic Listening, Handedness, Brain Organization, and Transsexuality
Are Gender Identity Disorders Mental Disorders? Recommendations for Revision of the World Professional Association for Transgender Health's Standards of Care
Feminism and the Gender Recognition Act 2004
Gender is No Substitute for Sex”
English Transgender Law Reform and the Spectre of Corbett
The Development and Validation of the Genderism and Transphobia Scale
Cross National Rehabilitation Policies
| Unique citing works | 15 |
|---|---|
| Citations per year | 1.15 |
| Citation span | 2013 - 2025 (13) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 11 |