Transsexual insists on going to women's jail (rock, Europe, Religious)

[Urban Hat€monger ?]

Transsexual insists on going to women's jail

'It's a matter of principle,' says woman after court treats her as still being a man.

Denise Martin is fighting for the right to go to jail - as long as it's a women's prison. Martin, one of Ireland's first transsexuals who had a full sex-change operation 22 years ago, faces a prison sentence next month after refusing to pay a fine over a breach of the peace offence in her home town of Larne.

The slender, 45-year-old bleached blonde could find herself in the all-male top-security Maghaberry jail outside Belfast.

'It's a matter of principle,' she said in between sips of latte inside a hotel overlooking a windswept North Antrim coast on Friday.

'At my first hearing in Larne last month the court referred to me as "Mr Martin" or "he", because on my birth certificate I'm still Douglas Martin. But as you can see by looking at me, I haven't been Douglas for over 20 years.

'On my British passport it states that I'm Denise, and that's who I have been for all these years. But if the next court appearance in Ballymena treats me like a man, then I'm in danger of going to an all-male prison.'

What began as a 'cat fight' between Denise and a middle-aged transvestite in Larne last April may end up in the European Court of Human Rights. If Martin refuses to pay the fine at her next court appearance on 7 November, she risks a custodial sentence.

'My solicitor told me I would have 28 days to appeal, and in that period I would go to a higher court to see if they can change my status to that of a woman. I don't believe I did anything wrong, but I won't pay and am prepared to go to jail, as long as it's a woman's jail.

'If they refuse, I have instructed my solicitor to fight this all the way to the European Court of Human Rights. I didn't go through years of psychiatric counselling, a painful operation and the entire trauma through my life to let the courts deny who I am today.

'I don't care if they fine me £30 or £3,000, I won't pay and I won't rest until they recognise me as Denise.'

The transsexual who says she is a normal heterosexual woman has other reasons to challenge the court's definition of her sexuality.

'My partner, who prefers to maintain his privacy, and I want to get married next year. I'm fighting this case partly for him as well. The law, or at least the courts, still sees me as a man and I don't want my partner being branded as someone who has married a man. He met me as a fully functioning woman, not as Douglas but as Denise. This fight is as important for him as it is for me.'

After the court cases and the marriage, the couple are planning to move to London. Asked how her family felt about her going public, Martin said: 'Obviously back in the early days there was a lot of hurt and confusion. But they have finally accepted me as Denise, and they know because I am a very ****sure person that I speak my mind and don't let people walk all over me.'

Aside from challenging the legal system, Martin will soon pose a dilemma for her local Anglican church where she wants to marry. 'I'm a very religious person,' she says, fiddling with a holy medal on a chain around her neck, 'It's extremely important for me to have my marriage blessed in the church as well as recognised in law.'

Martin claims that she was born as a woman trapped inside a man's body: 'I didn't have a sex change, I had a sex realignment. All the surgeons did was to correct my anatomy.

'I have been on a long, painful journey to arrive at the woman I am today. It's for that reason mainly that I will not allow the law to ignore who I now am.'

A spokesman for the Northern Ireland Human Rights Commission said it would be monitoring Martin's case and would be happy to speak with her if and when her challenge reaches the European court.

Sexual minorities in socially conservative Northern Ireland have used the European courts before to challenge domestic law. In the early 1980s *** rights activist Jeff Dudgeon won his case in Europe against the British government over the criminalisation of homosexuality in the north of Ireland.

So then , do you think he should go to a mans prison , or do you think she should be sent to a womans prison.

VOTE NOW

[From Cosmic Left Feild...]

While I think he refusal to pay the fine to hope the court recognizes her as a woman, thats stupid. But she clearly isn't going to be a threat in a womans prison, and I don't know how irish prisons are, but I assume their not full of all political prisoners fasting, I assume she'll get the **** raped out of her.

[riseagainstrocks]

He is still a man. If he thought he was innocent does that mean he would go free? Who you think you are should have absolutly no bearing on the justice system.

[Hellhound-138]

i think shed be a big target in a prison. It would be the closest thing to a woman theyd have in the prison. They either get raped to death or killed for being transexual. I think that would be very dangerous for him.

[Barnard17]

Originally Posted by riseagainstrocks

He is still a man. If he thought he was innocent does that mean he would go free? Who you think you are should have absolutly no bearing on the justice system.

Pardon? She is NOT still a man, and mentally never was. The entire purpose of gender therapy isn't to change sex, but to make mental gender match physical gender. Furthermore, as has been said, she'll get the stuffing beaten out of her in a male prison. Blacks and ***s get enough stick in there already, and transexuality is still a pretty major social taboo.

[riseagainstrocks]

If i think that I have three arms does that mean I do? People confuse transexuality and homosexuality with choice. Its a mental defect. Now don't get me wrong I have several *** and lesbian friends and think the world of them (i don't know any transvestites) but I still think it is merely a wiring problem.

[Barnard17]

Originally Posted by riseagainstrocks

If i think that I have three arms does that mean I do? People confuse transexuality and homosexuality with choice. Its a mental defect. Now don't get me wrong I have several *** and lesbian friends and think the world of them (i don't know any transvestites) but I still think it is merely a wiring problem.

You do realise that entirely contradicts the idea of "if I claim ..."? The wiring says they are a woman, the body says they are a man. The wiring takes precendence in most cases, especially after operation. If it were sport, it would be a different matter. This is, however, not sport.

[Merkaba]

She'd be mauled if she went anywhere near a mans prison, but she'd probably be mauled by some hardarse chick if she went to a females prison also. It's bad eather way. They should just make a decision.

[Hellhound-138]

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[TheBig3]

Originally Posted by riseagainstrocks

He is still a man. If he thought he was innocent does that mean he would go free? Who you think you are should have absolutly no bearing on the justice system.

What bearing does it have on the justice system? In no way will she be circumventing the system.