A renewed legal attempt by a dentist who underwent a sex change operation to overturn the refusal to describe her on her birth certificate as female was mentioned before the High Court yesterday.
On consent of both sides, the President of the High Court, Mr Justice Joseph Finnegan, directed that two sets of legal proceedings brought by Lydia Foy could be mentioned before Judge Liam McKechnie with a view to that judge hearing both cases. No date for the hearing has yet been set.
Dr Foy (58), of Athy, Co Kildare, was born with male genitalia and was registered at birth as a male. She suffers from a syndrome known as gender identity disorder, a recognised psychiatric condition under which a person's sexual identity is at odds with their physical sexual indicators.
She married in 1977 and fathered two children prior to undergoing gender reassignment surgery in 1992. The marriage ended in the 1990s and in 1993 Dr Foy changed her name by deed poll.
In the High Court in July 2002, Mr Justice McKechnie refused to grant orders directing the Registrar of Births to describe Dr Foy as female on her birth cert. On the basis of his findings from medical and scientific evidence given to the court, he ruled that Dr Foy was born male with conforming biological structures.
However, the judge appealed to the legislature to keep the situation of transsexuals under constant review and to consider meeting their needs through legislation.
In her forthcoming proceedings, Dr Foy is expected to raise the continued absence of such legislation and the failure of the State to provide for a system of birth registration that conforms with her rights as recognised under the European Convention on Human Rights. She further argues that societal changes which have led to evolving European jurisprudence on the rights of transsexuals should inform the Irish courts' decisions on the matter.
The renewed challenge by Dr Foy follows Ireland's ratification of the European Convention on Human Rights. This ratification came after Dr Foy had initiated her original and unsuccessful proceedings. Legal sources believe the ratification could have positive implications for her claims.
In November last, the Supreme Court directed that the High Court should address issues regarding whether Irish law on the registration of births is compatible with provisions of the European Convention on Human Rights Act 2003 - which came into effect in January 2004 - or with recent decisions of the European Court which have expanded the rights of transsexuals.
The second case brought by Dr Foy, which will now be heard with the first, is under the Civil Registration Act 2004. It provided for an appeal to be brought to the High Court against certain decisions of the Registrar of Births.
There are three notice parties to the proceedings - Dr Foy's former wife and two daughters. The Supreme Court was told last November they would wish to call evidence in the new action as to the effect of altering the register of births on their rights.
