Bellinger v Bellinger [2003] UKHL 21

Court: House of Lords

Facts: Mrs. Bellinger, a transgender female who was born male, was denied the right to marry based on section 11(c) of the Matrimonial Causes Act 1973, which stipulated that marriage was between a man and a woman. She sought judicial review, claiming that the refusal violated her rights under Article 1 (right to marry) and Article 8 (right to private life) of the ECHR. The Court of Appeal dismissed her appeal, leading her to appeal to the House of Lords for a declaration that her marriage would be lawful or that section 11(c) was incompatible with Article 12 of the ECHR.

Issue: Did section 11(c) of the Matrimonial Causes Act 1973 violate Mrs. Bellinger's rights under the ECHR, and could the terms "male" and "female" be interpreted to include transgender persons?

Held: The House of Lords dismissed the appeal in part, making a declaration of incompatibility under section 4 of the Human Rights Act 1998, stating that section 11(c) was incompatible with the ECHR.

Key Judicial Statement: Lord Nicholls of Birkenhead stated, “The recognition of Mrs. Bellinger as female for the purposes of section 11(c) would necessitate giving the expressions ‘male’ and ‘female’ a novel, extended meaning... Such an interpretation could not be adopted.” He emphasized the need for parliamentary deliberation on significant changes in the law regarding marriage and gender recognition.

💡Leveluplaw: highlighted the limitations of judicial interpretation under the Human Rights Act when addressing complex social issues such as gender identity.