Abstract

In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett