They believe that allowing transsexuals to marry would undermine the institution. However, ministers have been warned that the Human Rights Act, which comes into force in October, will lead to challenges which could force the Government to give transsexuals the right to marry and to have their new gender legally recognised. It is the teaching of the Church that partnerships between men and women are the ideal. Civil liberties groups say that Britain is out of step with most of Europe where, with the exception of Andorra, Albania and Ireland, transsexuals are not prevented from marrying. Their original sex cannot be changed on their birth certificate.
Homosexual transsexuals can marry if one was born a member of the opposite sex.
The Home Office report on transsexuals will look at whether science and attitudes in society have changed enough to allow people who have changed gender to be allowed to marry in their new sex. The report will address a series of problems transsexuals face, including which jails they could be sent to and at what age they become pensioners. Many transsexuals marry illegally in Britain but the marriage can be declared null and void if discovered. In a recent case, a marriage was declared null and void after 17 years when a wife discovered her husband was born a woman . The couple could not be named to protect their two children, born after the wife underwent artificial insemination.