A Trans Queen India beauty paegant contestant dressed in bridal attire. Photo: Apurva Sinnarkar. This move comes after marriage registration authorities in Tamil Nadu in south India refused to register the marriage of Arun Kumar and Sreeja , a man and a trans woman who approached the authorities for formal recognition after tying the knot in a temple ceremony. He referred to past judgments of the Supreme Court in NALSA , Puttuswamy privacy case and the Section repeal , and even quoted Hindu epics like the Mahabharata, declaring that the 'personhood' of transgender persons has been recognised under the Indian Constitution.
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This article addresses the history of transgender people in the United States from prior to western contact until the present. European transgender people have been present in the land now known as the United States at least since the early s. Before Western contact, some Native American tribes had third gender people whose social roles varied from tribe to tribe. People dressing and living differently from their sex assignment at birth and contributing to various aspects of American history and culture have been documented from the 17th century to the present day.
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What was so far only etched as an abstract right of gender self-determination through the NALSA judgment , has now been translated into the tangible civil right to marry by this judgment. They had married as per Hindu customs in a temple and had subsequently approached the Joint Registrar to register their marriage. The Court held that since Sreeja has chosen to identify as a woman, it is not for the State authorities to question this self-determination and the only consideration must be how she perceives herself. The Court reiterated that discrimination against the transgender community on the ground of gender identity is violative of the right to equality, the right to free speech and the right to privacy under Article 14 , Article 19 1 a and Article 21 of the Constitution respectively. Thus, the Court quashed the refusal orders of the Respondents and directed the Joint Registrar to register the marriage solemnized between Arun and Sreeja.