City of Vienna Ceases Transsexuals’ Forced Outing
15/11/2011
Submitted by
Rechtskomitee LAMBDA
Rechtskomitee LAMBDA delighted
The City of Vienna issues marriage certificates for transsexuals different then proscribed by the Minister of Interior and thereby ceases forced outing of transsexuals. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, expresses delight and thanks the City of Vienna for its exemplary administration.
Due to a 2006 Constitutional Court’s judgment married transsexuals need not get divorced anymore in order to gain recognition in their new gender. They can stay being married and get all their documents adapted to their new name and their new sex.
Also marriage certificates are changed that way. But the Minister of Interior had not adapted Austria’s civil-status-ordinance. That is why the spouses, which (after the change of legal sex of one of them) are of the same sex, in marriage certificates continued to be called „man“ and “woman”. This was not only false but also leaded to unconsensual outing of the transsexual spouse each time when he/she has to present the marriage certificate.
Since Austria still doesn’t allow same-sex marriages, it can only be a transsexual marriage, if an Austrian marriage certificate establishes two men or two women being married.
Against the executive order of the Minister of Interior
If in a marriage certificate one of the two women is called „man“ (or one of the two men called “woman”), it is laid open that this spouse is the transsexual spouse, which before had a different sex.
Transsexual spouses therefore had to disclose their transsexuality every time they are presenting their marriage certificate. This is a situation which the European Court of Human Rights found in violation of human rights (B. v France 1992).
The Austrian Administrative Supreme Court considered that and decided that the marriage-certificate-forms (displaying “Man” and “Woman”) proscribed by the Minister of Interior are not to be used in such cases (VwGH 29.11.2010, 2010/17/0042).
From 1st January 2010 the Minister of Interior (visibly as a result of this law suit) changed the marriage-certificate-forms. Now they are not displaying “Man” and “Woman” anymore. Instead the Minister ordered that the certificates have to list the (former) man always first and the (former) woman always second. So again it can be seen from the certificate who is the transsexual spouse. This way marriage-certificates still out transsexuals.
Recently the City of Vienna has issued a marriage certificate to the trans-woman, who last year won her case before the Administrative High Court, listing her – against the executive order of the Minister of Interior – not first but second.
„We are grateful for this decision of the City of Vienna and we hope that the Minister of Interior will change her executive order soon“, says the president of Rechtskomitee LAMBDA (RKL) and counsel of the applicant, Dr. Helmut Graupner.
More information: Rechtskomitee LAMBDA, (++43/1/876 30 61), office@RKLambda.at; www.RKLambda.at
The City of Vienna issues marriage certificates for transsexuals different then proscribed by the Minister of Interior and thereby ceases forced outing of transsexuals. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, expresses delight and thanks the City of Vienna for its exemplary administration.
Due to a 2006 Constitutional Court’s judgment married transsexuals need not get divorced anymore in order to gain recognition in their new gender. They can stay being married and get all their documents adapted to their new name and their new sex.
Also marriage certificates are changed that way. But the Minister of Interior had not adapted Austria’s civil-status-ordinance. That is why the spouses, which (after the change of legal sex of one of them) are of the same sex, in marriage certificates continued to be called „man“ and “woman”. This was not only false but also leaded to unconsensual outing of the transsexual spouse each time when he/she has to present the marriage certificate.
Since Austria still doesn’t allow same-sex marriages, it can only be a transsexual marriage, if an Austrian marriage certificate establishes two men or two women being married.
Against the executive order of the Minister of Interior
If in a marriage certificate one of the two women is called „man“ (or one of the two men called “woman”), it is laid open that this spouse is the transsexual spouse, which before had a different sex.
Transsexual spouses therefore had to disclose their transsexuality every time they are presenting their marriage certificate. This is a situation which the European Court of Human Rights found in violation of human rights (B. v France 1992).
The Austrian Administrative Supreme Court considered that and decided that the marriage-certificate-forms (displaying “Man” and “Woman”) proscribed by the Minister of Interior are not to be used in such cases (VwGH 29.11.2010, 2010/17/0042).
From 1st January 2010 the Minister of Interior (visibly as a result of this law suit) changed the marriage-certificate-forms. Now they are not displaying “Man” and “Woman” anymore. Instead the Minister ordered that the certificates have to list the (former) man always first and the (former) woman always second. So again it can be seen from the certificate who is the transsexual spouse. This way marriage-certificates still out transsexuals.
Recently the City of Vienna has issued a marriage certificate to the trans-woman, who last year won her case before the Administrative High Court, listing her – against the executive order of the Minister of Interior – not first but second.
„We are grateful for this decision of the City of Vienna and we hope that the Minister of Interior will change her executive order soon“, says the president of Rechtskomitee LAMBDA (RKL) and counsel of the applicant, Dr. Helmut Graupner.
More information: Rechtskomitee LAMBDA, (++43/1/876 30 61), office@RKLambda.at; www.RKLambda.at
