Corbett v Corbett [1971]

Corbett v Corbett [1971]

Key Points:

• Case Background:

◦ The case involved a couple seeking a divorce. Mrs. Corbett, who was recognised as male at birth but lived as a woman and underwent sex reassignment surgery, was challenged by Mr. Corbett on the grounds that the marriage was invalid due to her original biological sex.

▪ The court established a three-pronged test to determine a person's legal sex:

1. Chromosomal Sex: The sex determined by one's chromosomes.

2. Gonadal Sex: The sex determined by one's gonads (testes or ovaries).

3. Genital Sex: The sex determined by external genitalia.

◦ Despite Mrs. Corbett's sex reassignment surgery, Justice Ormrod decided that she remained legally a man based on her chromosomal and gonadal sex. The state-supported operation was not legally recognised in terms of altering one's legal sex.

Impact and Analysis:

◦ The case set a precedent by using a rigid biological test to determine a person’s sex, which did not account for gender identity or sex reassignment surgery.

◦ The decision highlighted the legal contradictions between state support for medical transition and the lack of legal recognition for such transitions. This rigid test was criticised for not reflecting contemporary understandings of gender and identity, leading to calls for more inclusive legal approaches.