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Bellinger V Bellinger Facts of the case Bellinger v Bellinger is a case concerning the validity of the marriage of a transsexual woman. The appellant, Elizabeth Ann Bellinger was a post-operative male to female transsexual. In 1981, Bellinger married a male partner, several months after having an operation to remove the testicles and penis and create an artificial vagina but still 'without ovaries or any other biological characteristic of a woman',1 her first claim was to seek that this marriage was deemed valid. Furthermore, the appellant sought a declaration of incompatibility . The incompatibility lay between S11[c] of the Matrimonial Causes Act 1973 that provides a marriage is void if 'the parties are not respectfully male and female'2 and Article 8 (right to respect private and family life) and Article 12 (right to marry) of the European Convention for Protection of Human Rights and Fundamental Freedoms 1950. Johnson J and the court of appeal...

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