Doing things with the past: A critique of the use of history by Hong Kong's Court of First Instance in W v Registrar of Marriages

Abstract

The Court of First Instance's decision to deny W, a male-to-female transsexual, the right to marry is premised on the understanding that marriage has been a largely stable and monolithic institution until recently. This article challenges the court's narrative of marriage history. It reconsiders the judicial historiography on which the decision is based, and by placing the W case in the context of the development of marriage argues that W should be allowed to marry at the present time.