‘Can Overman Bring Justice to Her/His Body and Romance’? Investigation of Recent Cases of Non-traditional Different-Sex Marriage and Recognition of Transsexuals’ Newly Acquired Gender Identities from a Nietzschean Justice Perspective

Abstract

Since 2013, four cases related to the legal position of non-traditional opposite- sex marriage have been handled by courts in Hong Kong. In addition, one such case has led to a legal debate on the recognition of transsexuals’ newly acquired gender identities. From respective judgements, inconsistencies in the perspective and argument of the same judge/bench of judges and conflicts between the courts and the government (e.g. the status of completed gender reassignment surgery) can be observed. This study attempts to scrutinise the role of the judiciary under the current regime of Hong Kong’s antidiscrimination law from the Nietschean/Deleuzean perspective and explores the limitations of the gender-identity-centric legal system.

Keywords:   Anti-discrimination law, Deleuze, Justice, Nietzsche, Non-traditional opposite sex marriage, Transsexual