Hong Kong is so advanced in many ways, and yet its societal values are still so conservative. However in the last few years attitudes have become more accepting and liberal of the LGBT community, so why not go the whole hog and demonstrate why Hong Kong is an international city?
And while it ruminates over allowing transsexuals to marry, why not homosexuals as well?
In the meantime the court said it would not implement the judgment for the next 12 months to allow the government time to consider changing the law.
According to a BBC report, transsexuals in even mainland China as well as countries in the EU and Canada can marry.
Hello? We're in 2013.
Of the five judges, four supported the ruling, while one voted against on the basis that adding post-operative transsexuals to the definition of "man" and "woman" was "a radical change of the traditional concept of marriage".
The ruling said references to "woman" and "female" in Hong Kong's marriage law should include post-operative male to female transsexuals.
"In present-day multicultural Hong Kong where people profess many different religious faiths or none at all... procreation is no longer (if it ever was) regarded as essential to marriage," it added.
"The right to marry guaranteed by our constitution extends to the right of a post-operative transsexual to marry in the reassigned capacity," said the majority ruling, co-written by Chief Justice Geoffrey Ma and Permanent Judge Robert Ribeiro.
The woman, identified as W, had a sex change in a public hospital a few years ago. At first the Hong Kong marriage registry refused her request to marry because her birth certificate said she was male.
We are extremely pleased Hong Kong is FINALLY moving forward on LGBT rights.Today the Final Court of Appeal ruled that the current law of barring a Hong Kong transsexual woman from marrying her male partner was unconstitutional.