Sex-reassignment surgeries and transsexual marriages: An ethical critique in the light of natural law

Abstract

The apparent health dysfunction which Sex-reassignment
surgeries seek to correct is ‘gender dysphoria’. It relates to a
condition of mind in which a person now, ‘patient’, suffers a
hatred and scornful detestation of his or her anatomical sex.
This condition is furthered by the corresponding desire of
being a member of the opposite sex. Transsexual surgical
interventions operate to alter, mutilate and/or change the
natural sex organs (internal and external genitalia) to conform
with the patients’ disposition or choice. In this way a postoperative
transsexual is ready to contract marriage with a
person of his own anatomical sex. This paper makes an ethical
critique of states’ legislations which recognize such surgeries
as valid and lawful and thus allow lawful marriages to be
contracted by such a transsexuals. It examines the various
positions, often parallel and contradictory, which courts
across jurisdictions, have taken on the issue, and finally paves
way for an objective normative standard in the light of the
Natural Law. The method adopted in this investigation is the
hermeneutics of law and ethics and contextual studies. It is the
finding of this researcher that transsexual surgeries and
marriages are contra legem naturam and thus not rationallysustainable irrespective of the positive laws anchoring them.
What is more, such surgeries and/or marriages cannot be
successfully promoted and advanced to posterity by either
logic or practice, as valid health interventions and relationship
options respectively. All-in-all, it is the recommendation of this
work that states and nations should revisit their existing laws
on transsexual surgeries and marriages with the view to
aligning such with the objective norm of morality in accord
with the natural law.