Rainbows, visibility and solidarity PRIDE / Pride marshals remind us ‘why we shout to be heard’

Rainbows, visibility and solidarity
PRIDE / Pride marshals remind us ‘why we shout to be heard’

It’s all about the power of visibility this Pride.

Two of this year’s parade marshals, Sahran Abeysundara and Gilbert Baker, have both made unique contributions to the grace and self-assuredness of queer politics. (Lesbian author and pioneer Jane Rule is also being honoured posthumously this year. )

Abeysundara and Baker are both activists and dynamic speakers.

Abeysundara organized Sri Lanka’s first Pride three years ago. It was a party held at a local nightclub. Despite the fact that homosexuality is still a crime in Sri Lanka, he is optimistic about the direction his community is taking.

Anyone not familiar with Baker’s name will, at the very least, know his work. He designed our rainbow flag.

Baker knows his way around a sewing machine. As a former drag queen, sewing was a fabulous skill to have.

“I’m a craftsperson,” he explains.

“I always have been and I wanted to put my skills to use serving my community.”

As he became more involved with politics and the gay liberation movement, Baker started making protest banners. As he explains it, the flag itself came out of that moment in history.

It was 1978. Harvey Milk had just been elected to City Hall in San Francisco. “We were in a moment of empowerment. We were at the zenith of changing the world.”

Prior to the rainbow flag, the pink triangle was the symbol of queerness. As Baker explains, though, “that was a Nazi symbol, used against queers the way the Star of David was used against Jews.”

While the pink triangle has endured and has, in fact, been reclaimed by queers, “it still represents homosexuals as victims of murder and hatred.”

Our symbols say so much about us and Baker knew that in order for us to persevere as a movement, we needed something of our own, something untainted by violence and negativity and disgrace.

The rainbow flag was immediately embraced as the new symbol for gayness. It fit the vision. It was vibrant. It demanded justice. It was the opposite of shame.

As Baker ruminates, “a true flag is not about design; it’s torn from the soul of the people. We all own the rainbow flag.”

While most flags are about land ownership or nationalism, the rainbow flag is what Baker refers to as an ‘anti-flag’ in that it crosses borders. “We needed something to express who we were as a sexual liberation movement. We are every gender. We are every race. We are every class.”

Baker stresses the importance of visibility tools. “Flags represent ideas,” he says, “and rainbows have been used cross-culturally and historically as symbols of hope. They are magical.”

Visibility is “the thread of our strength as a community,” Baker says of the current community debate over the importance of rainbow banners on Davie St. “Those who think it doesn’t matter are speaking from a place of privilege. Perhaps they’ve never had to fight or sacrifice for their rights.”

In a characteristic moment of contemplation, Baker muses that “flags are not a solution in and of themselves and they are not as important as being truthful to ourselves.” But if we think losing them on our streets wouldn’t have an impact, we’d be fooling ourselves, he says.

Vancouver is a gay-friendly city but even here, Baker argues, we should worry about the possibility of losing our visibility. He sees queers as a global tribe and the rainbow flag as an international solidarity tool.

Abeysundara points out that Sri Lanka was “historically a very tolerant nation and was once so liberal in its acceptance of humankind immaterial of race, creed or sexuality.”

Today many traditional Sri Lankans see homosexuality as a western import or even a western aberration, but sexual diversity has a long history on the island, he says.

“It was only after the British moved into Ceylon [now Sri Lanka] in 1814, that a more rigid system of sexual licensing was introduced and homosexuality was criminalized.”

Recent attempts to repeal the law criminalizing homosexual behavior backfired, he notes. When challenged, the government took a closer look and realized that —in only criminalizing gay male sex — the law was gender-biased. So they added lesbians.

“They proceeded to amend this law to include women as well! Sri Lanka is probably the only country that has done so. Most other Asian countries that were at one point colonies of the British Empire, still uphold these outdated sodomy laws, but none have amended the law to include women.”

Determined to do his part to help fellow Sri Lankans reclaim pre-colonial tolerance, Abeysundara took to activism. “In 2004, I helped set up Equal Ground, a nonprofit organization seeking political rights for the LGBTIQ community in Sri Lanka. We want to encourage everyone to stand up with pride and be counted, and to pass on all the information we have to create a community educated in gay issues who know what their rights are as human beings.”

When Abeysundara refers to being counted, he’s getting at the very essence of the Sri Lankan queer community’s challenge. Since homosexuality is punishable by imprisonment, few Sri Lankans can afford themselves the luxury of publicly coming out and taking part in their community.

“Being a gay man is difficult enough without the added burden of being openly out in a country that has a 10-year jail sentence attached to it,” says Abeysundara.

Still, he is convinced that solidarity is crucial, and that there is safety in numbers. He estimates that at least 10 percent of the population is queer and hopes to one day see his community thrive.

While the law criminalizing gay and now lesbian sex is not uniformly enforced by the authorities —particularly in the capital city of Colombo —its mere existence is enough for anti-gay groups to brand members of the community as perverts and lawbreakers, thus creating an environment of impunity for perpetrators and making queer persons legitimate targets for abuse under an antiquated penal code.

Organizing Sri Lanka’s first-ever Pride “just stemmed from our work with the community. We needed to create safe spaces for the queer community to come out to, to celebrate who they are and for at least one day be free to express themselves as gay men and women. We planned a party at a popular nightclub in town and organized adequate security just in case we had trouble. We anticipated that only a handful of people would turn up but we had over three hundred.”

Abeysundara was astonished by the turnout.

That first Pride party was the start of something amazing, he says. “Every year since then, the numbers have grown. Pride for us here in Sri Lanka is now a week-long celebration of who we are.”

Colombo’s Pride week includes queer movie nights, parties and art exhibitions. This year they had a drag show that drew 750 people. The community’s visibility is growing.

“We have still not been able to get on to the streets and march — most of the queer population lives in fear — but one day soon we will,” he says.

One of the festivities that Gilbert Baker would undoubtedly enjoy attending is Colombo’s Rainbow Kite Festival. Abeysundara explains the festival as “a day on the beach in Colombo where we gather and fly our rainbow kites over the city and make our statement —that the queer community is no longer hiding or lurking in the dark; we are out and proud of who we are and we demand our rights as human beings.”

“It’s easy — it’s even fun — to be gay in New York or Vancouver but try being gay in a place with a criminal sentence attached,” says Baker. He is pleased that his artistry has contributed to visibility internationally.

“Our fight for equality and freedom is not over until every queer person around the world is free to live and love who they want to.”

Pride, for our marshals, is more than a celebration. Abeysundara is concerned “that people have forgotten why we celebrate Pride, why we get on the streets for Pride, why we shout to be heard and what Pride is all about.”

Baker, too, wants us to be mindful of the word itself and its connotations. He ruminates on the Biblical notion of having pride before the fall. He wants to remind us that the human rights we’ve won are not givens. They can be taken away.

Abeysundara adds to that the sobering reminder that queer human rights are geographically specific. “Most of the western world is enjoying the benefits of civil partnership laws and marriage. They might not feel the need to campaign, to protest, to demand from our governments what is rightfully ours.”

This Pride, as we wave our rainbow flags and enjoy the parade and the parties that follow, Abeysundara would like us to keep solidarity in mind. “Most queer communities in the world are still fighting for the decriminalization of homosexuality. People around the world are still being tortured and stoned and killed for being queer.

Our fight is not over.”

LGBTIQ Organisations together in solidarity!

At the recently concluded South Asian Peoples’ Assembly held in Sri Lanka from 18th to 20th July at Vihara Maha Devi Park, Companions on a Journey, EQUAL GROUND and Womens Support Group came together in solidarity to host a booth for a congregation of South Asians from all the SAARC countries that attended the Assembly.  Over a thousand publications from all three groups were picked up on this one day.  Delegates thronged the booth for copies of newsletters, publications on HIV/AIDS, Same sex domestic violence, Breast and Cervical cancer and others.  On Sunday, marching under one banner proclaiming ALL HUMAN RIGHTS FOR ALL, the three organizations marched with supporters, holding rainbow flags and banners aloft with a true sense of pride and solidarity.  A truly Sri Lankan “Papare” band ensured ‘baila’ music flowed continuously during the march and the three beautiful drag queens dancing to the music, also ensured all eyes were on the Rainbow contingency! Needless to say, we were the brightest, most noisy and amazingly fabulous contingent at the parade!

We will be posting photos on the EQUAL GROUND website very soon….so stay tuned!

Colombo PRIDE 2008 concludes on a HIGH note!

Colombo PRIDE 2008 concluded on a high note on Sunday 6th July with the Rainbow Kite Festival on the beach in Mt. Lavinia.

Beginning with the spectacular Drag show I have a Dream held at the Lionel Wendt Theatre in the heart of Colombo, and ending with a multicoloured fiesta – the Rainbow Kite Festival on Mt.Lavinia Beach, Colombo PRIDE 2008 hit new heights as several hundred people thronged the festivities held throughout the week.

The first ever LGBT Art & Photo Exhibition was a resounding success, with many, many people browsing the gallery and appreciating the exhibits on display at the Barefoot Gallery.

The LGBT film Festival added much needed character and excitement with documentary movies such as For the Bible tells me so and Jihad for love being screened to packed houses each night.

The Annual PRIDE party was a riot of colour and people as Colombo celebrated in true ‘gay’ abandon at Club Nuovo. Over 300 people packed the venue and celebrated PRIDE till 5am the next morning!

Sunday morning 6th July, was clear and bright for the start of the Rainbow Kite Festival at 12noon. Although a dark cloud spewed rain for 20 minutes it did not dampen the festivities or the spirits of the attendees! The Kite Festival rocked till 8pm in the evening and a good time was had by all!

Courtesy EQUAL GROUND website

Ban Homosexuality in Sri Lanka (specially among Sinhalese) - Jathika Chinthana Pravahaya

On June 9th 2008, a group called  ‘Jathika Chinthana Pravahaya’ (JTP) claiming to be the voice of all patriotic Sri Lankans posted this homophobic nonsense on their blog. Firstly, it is more than nonsensical to say they represent ALL patriotic Sri Lankans! Secondly, they need to be more educated on reality and stop living in their fantasy world of hate and intolerance.

Please read this article and make your voices heard against this kind of homophobic rhetoric.

Monday, June 9, 2008

Homosexuality is not recognized as a sickness in the Western world. This might be cause in the west there is an undue importance is given to individual choice. Sinhalese national ideology does not object to choice, as some other Muslim or communist countries do, but obviously that should be within the limits of reasonability.

Homosexuality is against the biology. Two males or two females cannot produce another human being. That would be an unproductive relationship as far as the science is concerned. So it is not a question of choice but a question of rationality. If everyone selects to be a homosexual the entire human race will vanish from the face of earth before long.

Population expansion rates of the Sinahlese nation is going down. This is a serious concern because among all the other races in Sri Lanka the rates are going up. Sinhalese today constitute 74% of the population and hence the majority. If the rates of population grwth fails among Sinhalese while it increases among other races what would happen? Soon Sinhalese will not be the majority. That is why we should be extra concerned about this issue. Otherwise Sinhalese would be the first few races to be wiped out from the face of earth without anyone produce offsprings to take forward the generation.

Homosexuality is also against our Jathika Chinthanaya. (National Ideology) Mahawamsa or any other ancient literature do not reveal anything even remotely related to a homosexual relationship. So the first thing we should admit is this is not a part of our culture. It is alien to us. Once we realize that it is easy to understand why we have to not just discourage it but also ban it altogether in Sri Lanka. Anybody who is involved in any homosexual relationship should be punished according to the law. (We do not need any new laws as we already have laws here to curb this menace.)

http://jathikachinthana.blogspot.com/2008/06/ban-homosexuality-in-sri-lanka.html

Gambian President plans to kill off every single homosexual

Gambian President Yahya Jammeh says he will “cut off the head” of any
homosexual caught in his country.

Addressing supporters at the end of his meet the farmers tour here
Sunday,

Jammeh also ordered any hotel or motel housing homosexuals to close
down, adding that owners of such facilities would also be in
trouble.

He said the Gambia was a country of believers, indicating that no
sinful and immoral act as homosexual would be tolerated in the
country.

He warned all homosexuals in the country to leave, noting that a
legislation “stricter than those in Iran ” concerning the vice would
be introduced soon.

President Jammeh said he was bent on making the Gambia one of the best
countries to live in, adding that his government had spent over US$
100 million towards the development of the country since 1994.

He said, however, that almost 98 per cent of the amount had gone to
foreigners. Panapress .

The Most Homophobic Place on Earth?

The Most Homophobic Place on Earth?

Wednesday, Apr. 12, 2006 By TIM PADGETT/KINGSTON

Brian wears sunglasses to hide his gray and lifeless left eye—damaged, he says, by kicks and blows with a board from Jamaican reggae star Buju Banton. Brian, 44, is gay, and Banton, 32, is an avowed homophobe whose song Boom Bye-Bye decrees that gays “haffi dead” (”have to die”). In June 2004, Brian claims, Banton and some toughs burst into his house near Banton’s Kingston recording studio and viciously beat him and five other men. After complaints from international human-rights groups, Banton was finally charged last fall, but in January a judge dismissed the case for lack of evidence. It was a bitter decision for Brian, who lost his landscaping business after the attack and is fearful of giving his last name. “I still go to church,” he says as he sips a Red Stripe beer. “Every Sunday I ask why this happened to me.”

Though familiar to Americans primarily as a laid-back beach destination, Jamaica is hardly idyllic. The country has the world’s highest murder rate. And its rampant violence against gays and lesbians has prompted human-rights groups to confer another ugly distinction: the most homophobic place on earth.

In the past two years, two of the island’s most prominent gay activists, Brian Williamson and Steve Harvey, have been murdered — and a crowd even celebrated over Williamson’s mutilated body. Perhaps most disturbing, many anti-gay assaults have been acts of mob violence. In 2004, a teen was almost killed when his father learned his son was gay and invited a group to lynch the boy at his school. Months later, witnesses say, police egged on another mob that stabbed and stoned a gay man to death in Montego Bay. And this year a Kingston man, Nokia Cowan, drowned after a crowd shouting “batty boy” (a Jamaican epithet for homosexual) chased him off a pier. “Jamaica is the worst any of us has ever seen,” says Rebecca Schleifer of the U.S.-based Human Rights Watch and author of a scathing report on the island’s anti-gay hostility.

Jamaica may be the worst offender, but much of the rest of the Caribbean also has a long history of intense homophobia. Islands like Barbados still criminalize homosexuality, and some seem to be following Jamaica’s more violent example. Last week two CBS News producers, both Americans, were beaten with tire irons by a gay-bashing mob while vacationing on St. Martin. One of the victims, Ryan Smith, was airbused to a Miami hospital, where he remains in intensive care with a fractured skull.

Gay-rights activists attribute the scourge of homophobia in Jamaica largely to the country’s increasingly thuggish reggae music scene. Few epitomize the melding of reggae and gangsta cultures more than Banton, who is one of the nation’s most popular dance-hall singers. Born Mark Myrie, he grew up the youngest of 15 children in Kingston’s Salt Lane — the sort of slum dominated by ultraconservative Christian churches and intensely anti-gay Rastafarians. Banton parlayed homophobia into a ticket out of Salt Lane. One of his first hits, 1992’s Boom Bye-Bye, boasts of shooting gays with Uzis and burning their skin with acid “like an old tire wheel.”

Banton’s lyrics are hardly unique among reggae artists today. Another popular artist, Elephant Man (O’Neil Bryant, 29) declares in one song, “When you hear a lesbian getting raped/ It’s not our fault … Two women in bed/ That’s two Sodomites who should be dead.” Another, Bounty Killer (Rodney Price, 33), urges listeners to burn “Mister Fagoty” and make him “wince in agony.”

Reggae’s anti-gay rhetoric has seeped into the country’s politics. Jamaica’s major political parties have passed some of the world’s toughest antisodomy laws and regularly incorporate homophobic music in their campaigns. “The view that results,” says Jamaican human-rights lawyer Philip Dayle, “is that a homosexual isn’t just an undesirable but an unapprehended criminal.”

Meanwhile, gay-rights activists say Jamaican police often overlook evidence in anti-gay hate crimes, such as the alleged assault by Banton in 2004. His accuser, Brian, says cops excised Banton’s role from their reports of the 2004 beating. A police spokesman denies that. But in dismissing the case earlier this year, the judge in the trial warned Banton to avoid violence and “seek legal recourses” when he has complaints against gays in the future. Banton refused TIME’s request for an interview. His manager, Donovan Germain, insists that the singer is innocent and that “Buju’s lyrics are part of a metaphorical tradition. They’re not a literal call to kill gay men.”

There are some signs that Jamaica may soften its approach. Jamaica’s ruling party last month elected the nation’s first female Prime Minister, Portia Simpson Miller, a progressive who gay-rights supporters hope will eventually move to decriminalize homosexuality. She hasn’t yet said that, but Jamaica’s beleaguered gays say they at least have reason now to hope their government will change its tune before their reggae stars ever do.

Psychologists…they call themselves! How absurd.

The Island Newspaper of the 15th February 2008 carried an article by Dr. R. A. R. Perera, a consultant Psychologist entitled “Treating alternate forms of sexual expression”. His assertions about homosexuality seem to come straight from a text book on psychological disorders from somewhere in the 1700 perhaps! But the sad part about the whole article is that he lumps Homosexuality and Transgender with Paedophilia and Voyeurism as forms of ‘alternate sexual behaviours’. It is totally absurd of course and only goes to prove that Homosexuality and Transgender are totally misunderstood in this country.

The following are excerpts from the ‘eminent’ doctor’s article in the Island (and how shameful of the Island continuing to print homophobic articles and letters – at least they are consistent in their bigotry!):

“The commonest sexual orientation disturbance could be identified as homosexuality.

A homosexual can be identified as a person who experiences sexual arousal in any behaviour which includes sexual relations with the same sex. Homosexual behaviours one sometimes seen in adolescence, but it is transitory and sporadic most of the time. In special circumstances, like in jail, the services, and in hostels, this behaviour is widely prevalent.

Social norms are unrelated to prevalence and sometimes you may encounter ‘homosexual sub cultures’ in some societies. When you taken prevalence in Sri Lanka, exclusive male homosexuality is about 6% and exclusive female homosexuality 2%. Most homosexuals tend to be alike in certain behaviours and they generally choose certain occupations like hairdressing, fashion designing and modeling.

In Sri Lankan culture, homosexual behaviour is not an expected normal behaviour and most parents of adolescents, who suspect their children of having a homosexual relationship, refer them to a physician or a psychologist for remedial therapy. Psychological management includes counselling, cognitive therapy, behaviour and modification therapy.”

He goes on to say: “Disorder of Gender identity or transsexualism is another form of alternative sexual disorder. Here the affected anatomically normal person believes that he or she is a member of the opposite sex. Behaviour modification therapy and sometimes surgery and hormones that alter the gender are used to correct the disorder”.

The article also talks about Paedophilia, Voyeurism and other forms of ‘alternate sexual behaviours’, in other words, giving the reader the idea that Homosexuals and Transgenders are all ‘disturbed’ persons with terrible disorders that need curing! He also mixes up gender identity and sexual orientation and refers to transgenders as those who have some kind of disorder that needs ‘fixing’!

How irresponsible is this man and this newspaper feeding this parcel of horse dung to the unsuspecting public who will, no doubt, lap it up in an effort to prove to their gay/lesbian/transgender children, that they are indeed psychologically disturbed and in need of curing.

Dr. R. A. R. Perera needs a refresher course in modern Psychology. Hopefully he will eventually bone up and figure out what makes the LGBTIQ community tick!

Master Of Hypocrisy

By Trish Anderton in Jakarta

The Jakarta Post

A gay man’s story who has led a double life for most of his 48 years

When a gay character appears onscreen while watching television with his wife, Iwan laughs. He exclaims: “That’s crazy!” His wife usually speaks up for tolerance. “That’s just how his life is,” she says sympathetically.

She would probably be less understanding if she knew her husband had sex with men on the side.

Iwan (not his real name) laughs when he tells this story. It’s not a cruel laughter aimed at his wife; it seems to spring from genuine amusement over the absurdity of his situation.

“So I’m a hypocrite again!” he says, wiping his eyes.

Iwan has led a double life for most of his 48 years. But if he’s a tortured soul, he doesn’t seem to know it. He agrees to meet at a South Jakarta cafe. He will not allow his name or his place of employment to appear in print, but he talks openly—sometimes so loudly that his voice bounces off the walls. Asked whether he’s happy, he says yes, and seems to mean it.

Iwan has been attracted to men early in his life. “I knew in high school I was different that way,” he says. He remembers noticing other boys on the basketball court. He didn’t know what to do or who to talk to about it.

“I felt it was wrong. I would ask myself, why do I like boys, why?” he recalls.

In college he was lucky to find a sympathetic psychologist who told him to follow his feelings.

“If you are oppressed by it, maybe I can give you something to decrease (the attraction),” he recalls the doctor saying. “But there is no cure!”

The attraction was strong, but Iwan says it was never exclusive. When pressed, he defines himself as bisexual, saying he is attracted “60 per cent to men and 40 per cent to women”.

He fell in love with a man in college, but it did not last, and Iwan is no rebel. When he met the right woman through his church, he married her. He insists he didn’t do it to cover or “cure” his homosexual side, or for the status conferred by a respectable marriage.

“I was like anybody else,” he says. “I fell in love.”

He had no illusions about ending his relationships with men, however. “No way,” he says candidly. “Maybe for a year, two years after marriage it’s OK, you can hold out. You’re focused on your wife, on your new household, you have to focus on that.”

But by the third year, he says, your attention wanders, and your body soon follows. Perhaps you lock eyes with another man at the mall. Or you find yourself at one of Jakarta’s many semi-hidden pickup spots, like the Pulogadung bus terminal, where there are all sorts of men for the choosing.

“I once saw a guy who’s a big figure in the government,” he recalls, amused. “He was wandering around over there too!”

The relationships are not complex. They last no longer than six months. “When we go out it’s not eternal. There’s no bond, so we always just break up in the end.”

He says he is careful about safe sex: “You know what is dangerous to do, and how to play safe.” But one has to be careful at the start of a new relationship, Iwan says, because the potential boyfriend could be a prostitute or a blackmailer. He prefers dating educated men with good jobs, like himself.

However, he adds that the relationships that seem to last for other men are the unequal ones. If both people work, he explains, eventually one of them will say, “I don’t need you, I have money”, and leave.

“But if one doesn’t work and the other works,” he explains, “that can last a long time. I’ve seen that.”

Iwan insists his wife doesn’t know about his hidden life.

“She doesn’t like gossiping with the neighbours,” he says. “She’s mostly in the house, or she goes to church, but we go together.”

Will he ever tell her? “Maybe someday,” he says vaguely, “but I would have to think a thousand times before doing it.”

Indonesians, he says, “are masters of hypocrisy”. Many of his friends cheat on their wives; some with other women, and some with men. If a woman finds out something bad about her husband, he says, she’s inclined to keep it quiet, because her family will tell her she just has to live with the situation anyway.

In what he sees as a world of secrets and lies, Iwan has chosen the path of least resistance.

“I go with the flow. I have to be careful, though,” he adds with a laugh. “That’s how it is when you’re a hypocrite!”

Iran: Police Chief Blames Homosexuality for the Collapse of Family Values in the West

October 19, 2007: General Esmail Ahmadi Moghadam, the head of Iran’s Law Enforcement Agency (ILEA), blamed homosexuality for the collapse of the family in the West, and accused the United States of embracing immorality and alcoholism as social values. Speaking at the Friday prayer service in Tehran, the capital, the Iranian police chief claimed: “ the West is leading to nowhere… Today, Communism [?] is dominant in Western societies, In those societies people challenge God’s laws and denying spirituality and [religious] values has become a norm.

 

According to the semi-independent Iranian News Agency, ISNA, Mr. Moghadam further added, “ this worldview has caused the West to operate like an economic institution, replacing morality, self-sacrifice and generosity with pleasure and having fun.” Reminding the audience of the collapse of families in the West, he added, “ They have accepted homosexuality as a value in their societies and then ask our president why homosexuality, immorality and consuming alcohol is not legal in Iran. These phenomena are embedded in the West.”

 

The Police Chief, who was a guest speaker at the weekly religious service, sharply criticized whose who oppose Sharia law, “ there are those who take advantage of the freedom of expression in Iran, using their poisonous pens to attack Islamic punishments as inhumane regulations that have prevented Iran from being accepted in International community.” He promised that the police forces will continue to crackdown on moral and social crime, as part of ILEA’s ongoing “Operation Improving Social and Moral Security”. He praised the crackdown as a successful campaign, “ Even if we had some doubts in the early stages of this operation, and some community leaders were concerned about the possible outcomes, today we think everyone agree that those measures were successful.”

Transsexual wins landmark case after epic 10-year battle

By Allison Bray

The Government is legally obliged to revise the law on the rights of those who have changed sexes following a landmark decision in the High Court yesterday.

The ruling on the identity papers of transsexuals found the State breached the European Convention on Human Rights.

In a decision that made legal history yesterday, Mr Justice Liam McKechnie ruled that the Taoiseach must go before the Dáil within 21 days of the publication of his ruling to outline how the Government will bring Ireland in line with the Convention.

The ruling centres on the high-profile case of dentist Lydia Foy (59), who changed her sex from man to woman through gender-reassignment surgery 15 years ago.

Although she changed her sex physically, she has been engaged in a decade-long legal battle with the State to alter her name and sex on her birth certificate to reflect her new identity.

The judge ruled that the State’s failure to provide for “meaningful recognition” of her new identity violated her human rights and she was entitled to court costs and compensation for her lengthy court battle.

He also found that the State was remiss in not recognising the rights of transgendered people five years ago when most other EU countries were doing so.

Justice McKechnie, who is expected to let several weeks lapse before issuing his court order to allow the Government time to consider it, said the State “for whatever reason” had decided not to act and was very much isolated within the Council of Europe states in that regard.

Gender Dysphoria, a syndrome in which a person’s sexual identity is at odds with their physical attributes, is a recognised psychiatric condition and “a living tragedy” for many people who often had a burning desire to have their new sexuality legally recognised, the judge said.

That desire was the reason why so many were driven to embark on a fight for legal identity which was humiliating and often unsuccessful.

Everyone, as a member of society, has a right to human dignity, he stressed.

While the judge’s decision does not strike down any laws here, including laws dealing with the system of birth registration, it puts an onus on the State to address the situation of transgendered persons.

The judge indicated that one means of bringing the State into compliance with Article 8 would be to introduce laws similar to the Gender Recognition Act in the UK under which a person may secure identity documents and new birth certificates reflecting their new sexual identity without their original birth or marriage certificates being affected.

Dr Foy had also claimed her right to marry under Article 12 of the ECHR was being violated by the absence of legislation here. However, because Dr Foy is not yet divorced, the judge said a legal impediment to her remarrying existed which was not related to gender issues.

However, the judge made clear that, were Dr Foy divorced, it would “inescapably” follow there would be very compelling reasons under Article 12 of the convention to facilitate the remarriage of post-operative transgendered persons.

He was delivering his 70-page judgment on the 10-year legal battle by Dr Foy of Athy, Co Kildare, for a birth certificate describing her as female and for a number of declarations under the ECHR.

Born Donal Mark Foy, she married and fathered two children before undergoing gender realignment surgery almost 15 years ago. The marriage ended in the 1990s and Dr Foy changed her name by deed poll in 1993.

Dr Foy’s estranged wife and children had opposed the proceedings, expressing concern about implications for the legality of the marriage and succession rights.