Administrative Court finds forced outing of transgender couples in marriage licenses is illegal

The right LAMBDA (RKL), was very pleased with the ruling of the Administrative Court that transsexual people should not be zwangsgeoutet as such. This has been given through this, because in the marriage certificates even after sex reassignment still from 'Mr Charles X' and 'Mrs Joseph X.' was mentioned.

Since a decision of the Constitutional Court in 2006, transsexuals have married not to divorce to be recognized in their new gender. You can stay married and have all their documents and certificates, including the marriage certificate, issued to get their new name and with their new gender. But because the Home Office civil status regulation has not adapted to the new law, the means (according to the adaptation of a sex partner) now same-sex spouses in the marriage certificate continues with 'man' and 'woman'. This is not only a false certification but also leads to an unintentional outing of the transsexual spouse wherever the marriage certificate is produced. act because, if (as can be seen mostly in the name) in an Austrian marriage certificate, two men or two women are shown as married to each other, it can (because same-sex marriage in this country still do not) is only a transsexual marriage, in either of the parties earlier had a different gender.

now one of the two women in the marriage certificate is called a 'man' (or one of two men as 'woman'), it is disclosed to who the two spouses of transsexual and was formerly part of another generation. Transsexual spouse must disclose her transsexuality, therefore, whenever they present the marriage certificate. A fact that the European Court of Human Rights several years ago, people recognized as illegal.The Administrative Court has now carried the bill and decided that is required by the Minister of the Interior forms that designate the spouse as a 'man' and 'woman' are not to be used in such cases.

Last year was then - changed the personal status regulation but then - as indicated on the basis of this complaint case. The spouses are no longer called with 'man' and 'woman'. But the interior minister has ordered instead that the (former) husband on the marriage certificate must always be mentioned first and the (former) wife always comes second. This is again to see who is on the same-sex couple the transsexual spouse and it will be outed so again.

"We are the Administrative Court for this decision very grateful and hope that reason and stop off at the Home Office do not like the forced operation, a second set of proceedings is necessary," says the president of RCG and the complainant's lawyer Helmut Graupner.

Source: gaywien.at