i-law

Litigation Letter

Same-sex marriage void

Bellinger v Bellinger ([2002] 1 ALL ER 311)

Although it was for the court to determine whether a person is male or female by assessing the facts of the individual case against a clear statutory framework, it is for Parliament to determine the point at which it would be consistent with public policy to recognise that a person should be treated for all purposes, including marriage, as a person of the sex opposite to that which had been correctly assigned to that person at birth.

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