A Maltese transwoman has won a Constitutional Court case winning recognition of her preferred sex and allowing her to marry.

Joanne Cassar’s court battle with the Maltese Registrar of Marriages began in 2006 when it refused to issue marriage documents to her and her male fiancé on the grounds that they considered her a man for legal purposes.

In February Justice Gino Camilleri ordered the Director of Public Registry to issue the documents, however this was overturned on appeal by the registry.

But last month Constitutional Court Justice Raymond Pace found that a ban on transgender persons marrying violated Article 12 of the European Convention on Human Rights to which Malta is a signatory.

The ruling paves the way for persons who have undergone sex reassignment procedures to marry partners of the opposite sex in Malta however same-sex couples in the staunchly Catholic county remain without state recognition.

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