The present position is that transsexuals may marry in their biological, but not their acquired gender. It would be difficult to defend distinct treatment for transsexuals in other fields, such as employment law, if transsexuals had been granted the right to marry in their acquired gender. This is not to suggest that the marriage law should be revised, but that it naturally stands at the centre of any review. A decision on this point would be decisive to the Government's choice between the three broad approaches identified in the covering note. Although marriage is the most important Home Office policy interest, it is not the only one.
Immigration comes into play in the context of rights of entry for spouses.
The criminal law, particularly sexual offences legislation, would be affected by any change to the status of transsexuals. The law and policy for single-sex prisons would also be affected. The Home Office has responsibility for Bill of Rights issues and leads on whether the European Convention on Human Rights should be incorporated into UK law. While the mere fact that a dispute has arisen under the ECHR does not of course give the Home Office a locus, the centrality of the ECHR in determining the rights which transsexuals are claiming does support the view that the Home Office is best placed to lead on and co-ordinate a review from first principles. Department of Education and Employment 11.