Northern Ireland

Transgender man had privacy breached, High Court in Belfast hears

Mr Justice Treacy granted a declaration sought in the legal bid to ensure the man's gender history is kept secret 
Mr Justice Treacy granted a declaration sought in the legal bid to ensure the man's gender history is kept secret  Mr Justice Treacy granted a declaration sought in the legal bid to ensure the man's gender history is kept secret 

A NORTHERN Ireland man who wed his long-term partner after officially changing sex had his rights to privacy breached, a High Court judge has ruled.

Mr Justice Treacy granted a declaration sought in the legal bid to ensure the man's gender history is kept secret.

His lawyers issued proceedings over a reference to the couple's earlier civil partnership appearing on the publicly-accessible marriage certificate.

They argued that a Stormont department should modify its records to categorise him as being previously single to ease the distress he has gone through.

The man has been granted anonymity.

He was born biologically female, but has lived as a male since adulthood.

Under the terms of the initial civil partnership, the couple were both classed as women.

Subsequently, however, he applied for a gender recognition certificate (GRC) to secure legal status as a man.

He was assessed as suffering from gender disorder or dysphoria and is receiving medical treatment.

Surgery is not required for the gender change to be officially recognised, the court heard. But to complete that process the couple had to first annul their civil partnership.

Although they got married after the GRC was obtained, the legal challenge centred on information included on the wedding certificate.

The document states that a previous civil partnership was either dissolved or annulled.

The man's legal team claim the certificate reveals one of the couple had a different gender history.

They contended that a solution would be to record his status in the marriage certificate as single.

Judicial review proceedings were brought against the Department of Finance and Personnel.

It was claimed that disclosing the dissolution of the civil partnership amounted to a breach of the man's right to privacy under Article 8 of the European Convention on Human Rights.

Counsel for the department insisted that the legal dispute was over a simple recording of facts.

He stressed there had been no deliberate publication of the man's gender history or information about his health.

But ruling on the case, Mr Justice Treacy said: "There's no justification for the breach of the applicant's Article 8 rights."

Outside court on Monday, the applicant's solicitor described his relief at the outcome.

Ciaran Moynagh said: "For transgender people their gender identity history is a very personal and private matter that should not be disclosed unnecessarily.

"The court reaffirms his right to privacy that will allow him and his family to not worry when using official documentation."