Highlights
Task
The Republic of Jammu is a sovereign state situated in the USP region. Jammu was a British Crown Colony for nearly seventy-five years before gaining independence. By an Order in Council made the 1st day of January 2010, Her Majesty Queen Elizabeth II on the advice of the Privy Council established a Constitution for The Republic of Jammu (the 2010 Constitution).The Constitution of Jammu was brought into force by the Jammu Independence Order 2010. Article 2 of the Constitution of Jammu states that: “This Constitution is the supreme law of Jammu and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.”Article 3 of the Constitution of Jammu inter alia states that: "[E]very person in Jammu is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and the public interest …"The Parliament of Jammu has just passed a new Marriage Act 2020 which repealed the Marriage Ordinance 1935. The Marriage Act 2020 defines marriage as a legal union "between one man and one woman."However, under the Transgender Act 2012, an individual who has had a sex change could marry another sex change person so long as they are the opposite sex. Same-sex marriage was prohibited under the law. Legislators were unhappy with the Transgender Act 2012 as sex-change surgery was not only expensive but risky as 10-15% of people died during the surgery. As a result, new legislation was passed, Stick-toYour Gender Act 2021, which came into force on 7 April 2021. Section 2 of the Stick-to-Your Gender Act inter alia states that: “[P]eople should stick to their gender at birth throughout their life.”In January 2021, Pratt underwent a sex change surgery and then changed his name to Pretty. Pretty fell in love with Jambo and they went to the Registrar of Births, Deaths, and Marriages to get married. The Registrar denied their application as this breached the Stick-to-Your Gender Act 2021.Simmon, who underwent a sex change surgery five years ago, wishes to revert to her birth gender but has been denied by the Government of Jammu.
Please advise:
(a) Pretty and Jambo as to their legal rights, if any; and
(b) Simmon whether he can insist that the authorities permit his sex change to revert to his birth gender as a female. If not, why not?
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