Constitutionalist Perspectives on Trans Identity in Asia
Explore the intersection of trans identity and constitutionalism in Asia, analyzing legal cases, the queer potential of trans*, and the impact on gendered identities.
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Trans Identity and Constitutionalism in Asia Dr Marco Wan University of Hong Kong
Trans* 1. What is trans identity? 2. What is the queer potential of trans*?
Womens Charter (Amendment) Act 1996 Avoidance of marriages between persons of same sex s11A. (1) A marriage solemnized in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void. (2) It is hereby declared that, subject to sections 5, 9, 10, 11 and 21, a marriage solemnized in Singapore or elsewhere between a person who has undergone a sex re-assignment procedure and any person of the opposite sex is and shall be deemed always to have been a valid marriage. (3) For the purpose of this section (a) the sex of any party to a marriage as stated at the time of the marriage in his or her identity card issued under the National Registration Act shall be conclusive evidence of the sex of the party; and (b) a person who has undergone a sex re-assignment procedure shall be identified as being of the sex to which the person has been re-assigned.
Hong Kong: cases on trans rights W v. Registrar of Marriages [2013] HKCFA 39 Q v. Commissioner of Registration (HCAL 229/2015) R v. Commissioner of Registration (HCAL 154/2017) Tse, Henry Edward v. Commissioner of Registration (HCAL 189/2017)
Conclusion 1. The (de-)formation of gendered identities in the law 2. Trans* as a queer category 3. Gay rights vs trans rights
