Lydia Foy
Encyclopedia
Lydia Annice Foy is an Irish
trans woman
notable for leading legal challenges regarding gender recognition
in Ireland. In 1992 Foy had sex reassignment surgery
, and began a 12 year legal battle to have her birth certificate reflect her gender identity
. This resulted in a ruling that the relevant portions of the Law of the Republic of Ireland
were incompatible with the European Convention on Human Rights
.
, County Kildare
. Born in a private nursing home in the Irish Midlands, and at birth officially registered as a male with the first names Donal Mark. Foy was raised as a male, with five brothers and one sister.
From early childhood Foy was conscious of a feeling of ‘femininity’. This continued throughout boarding school at Clongowes Wood College
from 1960 to 1965. Having obtained the Leaving Certificate
, Foy started pre-med
studies at University College Dublin
, but changed to dentistry
a year later. Foy graduated with a Bachelors degree in Dental Surgery in 1971, and began to practice as a dentist.
In 1975, when living in Athlone, Foy met Anne Naughton through a music society. Naughton was a secretary from Clara
, County Offaly
, who was eight years younger. They got engaged, and married at the Church of Saints Peter and Paul in Horseleap
on 28 September 1977. They had two children, one born in 1978, and the other in 1980.
and was prescribed a course of hormone treatment
. Foy attended two further psychiatrists in England who diagnosed her as suffering from gender identity disorder
.
Foy then began a process of transitioning
from male to female, with electrolysis
, breast augmentation surgery, operations on the nose and Adams apple and voice surgery. On 25 July 1992, Foy underwent full, irreversible sex reassignment surgery
in Brighton
, England. This involved the removal of some external and internal genital tissues and surgical reconstruction of a vulva
. The Irish Eastern Health Board
paid £
3,000 towards the cost of the procedure.
Subsequently Foy lived entirely as a female. She had left the family home in 1990, and a judicial separation was granted on 13 December 1991. While Foy was at first granted conditional access to the children, who lived in custody of their mother, in May 1994 the Circuit Court prohibited all access.
While Foy, who legally changed her first names in November 1993, was able to obtain passport, driving license, medical card, and polling card in the new name, her request to amend the sex on her birth certificate was refused.
. The basis of her action was a contention that the Births and Deaths Registration (Ireland) Act 1863 did not justify the practice of using solely biological indicators existing at the time of birth to determine sex for the purposes of registration. According to Foy, she had been born a "congenitally disabled woman" and the error recording her sex on her birth certificate was not only embarrassing to her but also could interfere with her constitutional rights, as she would be unable to ever choose to marry a man.
The case reached the High Court in October 2000. Foy's former wife and their daughters contested her plea, claiming that it could have "an adverse effect on their succession and other rights."
Judgment was reserved for nearly two years until 9 July 2002 when Mr Justice Liam McKechnie rejected Lydia Foy's challenge, stating that Foy had been born male based on medical and scientific evidence and that accordingly the registration could not be changed.
in Strasbourg
heard a similar case. Christine Goodwin, a British transsexual, had claimed that the United Kingdom
's refusal to allow her to amend her birth certificate and to marry as a female violated the European Convention on Human Rights
. The Court declared that the UK Government had violated Articles 8 and 12 of the convention. In response, Britain passed the Gender Recognition Act 2004, providing for legal recognition of transgendered persons in their new or acquired gender, and for the issuing of new birth certificates reflecting that gender.
In 2005, the Foy case was brought back before the High Court by the Irish Supreme Court for further consideration. On 19 October 2007, the court found Ireland in violation of the European Convention on Human Rights, and decided to issue the first declaration of the incompatibility between Irish and European law. According to Justice Liam McKechnie
, provisions of article 8 of the Convention protecting Foy's right to respect for private life had been violated when the State failed "to provide for 'meaningful recognition' of her female identity", and Taoiseach
Bertie Ahern
and Houses of the Oireachtas
should consider adopting the British system.
On 5 January 2009, Thomas Hammarberg
, the Human Rights Commissioner of the Council of Europe, stated with respect to the transgender community and specifically Foy that "There is no excuse for not immediately granting this community their full and unconditional human rights."
In 2011, she was the subject of a documentary on RTÉ Radio 1
called My name is Lydia Foy.
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
trans woman
Trans woman
A trans woman is a male-to-female transsexual or transgender person and the term trans woman is preferred by some individuals over various medical terms. Other non-medical terms include t-girl, tg-girl and ts-girl...
notable for leading legal challenges regarding gender recognition
Legal aspects of transsexualism
Transsexual people are those who establish a permanent identity with the gender opposite to the gender identified at birth. As most legal jurisdictions have at least some recognition of the two traditional genders at the exclusion of other categories, this raises many legal issues and aspects of...
in Ireland. In 1992 Foy had sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
, and began a 12 year legal battle to have her birth certificate reflect her gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
. This resulted in a ruling that the relevant portions of the Law of the Republic of Ireland
Law of the Republic of Ireland
The law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority...
were incompatible with the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
Early life and marriage
Foy is a retired dentist from AthyAthy
The town developed from a 12th century Anglo-Norman settlement to an important British military outpost on the border of the Pale.The first town charter dates from the 16th century and the town hall was constructed in the early 18th century...
, County Kildare
County Kildare
County Kildare is a county in Ireland. It is part of the Mid-East Region and is also located in the province of Leinster. It is named after the town of Kildare. Kildare County Council is the local authority for the county...
. Born in a private nursing home in the Irish Midlands, and at birth officially registered as a male with the first names Donal Mark. Foy was raised as a male, with five brothers and one sister.
From early childhood Foy was conscious of a feeling of ‘femininity’. This continued throughout boarding school at Clongowes Wood College
Clongowes Wood College
Clongowes Wood College is a voluntary secondary boarding school for boys, located near Clane in County Kildare, Ireland. Founded by the Society of Jesus in 1814, it is one of Ireland's oldest Catholic schools, and featured prominently in James Joyce's semi-autobiographical novel A Portrait of the...
from 1960 to 1965. Having obtained the Leaving Certificate
Leaving Certificate
The Leaving Certificate Examinations , commonly referred to as the Leaving Cert is the final examination in the Irish secondary school system. It takes a minimum of two years preparation, but an optional Transition Year means that for those students it takes place three years after the Junior...
, Foy started pre-med
Pre-medical
Pre-medical is a term used to describe a track an undergraduate student in the United States pursues prior to becoming a medical student...
studies at University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
, but changed to dentistry
Dentistry
Dentistry is the branch of medicine that is involved in the study, diagnosis, prevention, and treatment of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body. Dentistry is widely considered...
a year later. Foy graduated with a Bachelors degree in Dental Surgery in 1971, and began to practice as a dentist.
In 1975, when living in Athlone, Foy met Anne Naughton through a music society. Naughton was a secretary from Clara
Clara
Clara is a town on the River Brosna in County Offaly and is the 10th largest town in the midlands of Ireland. The town has a population of 3001 , however a number of well populated housing estates lie outside the town boundary making the actual population higher...
, County Offaly
County Offaly
County Offaly is a county in Ireland. It is part of the Midlands Region and is also located in the province of Leinster. It is named after the ancient Kingdom of Uí Failghe and was formerly known as King's County until the establishment of the Irish Free State in 1922. Offaly County Council is...
, who was eight years younger. They got engaged, and married at the Church of Saints Peter and Paul in Horseleap
Horseleap
Horseleap is a town situated upon the Offaly, Westmeath county border in Ireland, along the R446, formerly the main Dublin to Galway road. The village itself possesses a church, primary school, a garden centre, a pub, and a petrol station...
on 28 September 1977. They had two children, one born in 1978, and the other in 1980.
Sex reassignment
In the 1980s Foy began to suffer physical and psychological problems, which worsened in August and September 1989, when she suffered a total collapse. She had psychiatric counselling, was diagnosed a transsexualTranssexualism
Transsexualism is an individual's identification with a gender inconsistent or not culturally associated with their biological sex. Simply put, it defines a person whose biological birth sex conflicts with their psychological gender...
and was prescribed a course of hormone treatment
Hormone therapy
Hormone therapy, or hormonal therapy is the use of hormones in medical treatment. Treatment with hormone antagonists may also referred to as hormonal therapy...
. Foy attended two further psychiatrists in England who diagnosed her as suffering from gender identity disorder
Gender identity disorder
Gender identity disorder is the formal diagnosis used by psychologists and physicians to describe persons who experience significant gender dysphoria . It describes the symptoms related to transsexualism, as well as less severe manifestations of gender dysphoria...
.
Foy then began a process of transitioning
Transitioning (transgender)
Transitioning is the process of changing one's gender presentation to accord with one's internal sense of one's gender - the idea of what it means to be a man or woman...
from male to female, with electrolysis
Electrology
Electrology is the practice of electrical epilation to permanently remove human hair. The actual process of removing the hair is referred to as electrolysis.-Overview:...
, breast augmentation surgery, operations on the nose and Adams apple and voice surgery. On 25 July 1992, Foy underwent full, irreversible sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
in Brighton
Brighton
Brighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
, England. This involved the removal of some external and internal genital tissues and surgical reconstruction of a vulva
Vulva
The vulva consists of the external genital organs of the female mammal. This article deals with the vulva of the human being, although the structures are similar for other mammals....
. The Irish Eastern Health Board
Health Board
The Health Board system of the Republic of Ireland was created by the 1970 Health Act. This system was initially created with eight health boards, each of which were prescribed a functional area in which they operated...
paid £
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
3,000 towards the cost of the procedure.
Subsequently Foy lived entirely as a female. She had left the family home in 1990, and a judicial separation was granted on 13 December 1991. While Foy was at first granted conditional access to the children, who lived in custody of their mother, in May 1994 the Circuit Court prohibited all access.
While Foy, who legally changed her first names in November 1993, was able to obtain passport, driving license, medical card, and polling card in the new name, her request to amend the sex on her birth certificate was refused.
First court case
Foy began legal proceedings in April 1997, to challenge the refusal of the Registrar General to issue her with a new birth certificate. Unemployed, Foy was represented in the action by Free Legal Advice CentresFree Legal Advice Centres
Free Legal Advice Centres is a non-profit human rights organisation that provide pro bono publico assistance via a network of legal advice clinics throughout the Republic of Ireland. They have been involved in a number of notable law cases including Airey v...
. The basis of her action was a contention that the Births and Deaths Registration (Ireland) Act 1863 did not justify the practice of using solely biological indicators existing at the time of birth to determine sex for the purposes of registration. According to Foy, she had been born a "congenitally disabled woman" and the error recording her sex on her birth certificate was not only embarrassing to her but also could interfere with her constitutional rights, as she would be unable to ever choose to marry a man.
The case reached the High Court in October 2000. Foy's former wife and their daughters contested her plea, claiming that it could have "an adverse effect on their succession and other rights."
Judgment was reserved for nearly two years until 9 July 2002 when Mr Justice Liam McKechnie rejected Lydia Foy's challenge, stating that Foy had been born male based on medical and scientific evidence and that accordingly the registration could not be changed.
Second court case
Just two days after the decision against Foy, the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
heard a similar case. Christine Goodwin, a British transsexual, had claimed that the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's refusal to allow her to amend her birth certificate and to marry as a female violated the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The Court declared that the UK Government had violated Articles 8 and 12 of the convention. In response, Britain passed the Gender Recognition Act 2004, providing for legal recognition of transgendered persons in their new or acquired gender, and for the issuing of new birth certificates reflecting that gender.
In 2005, the Foy case was brought back before the High Court by the Irish Supreme Court for further consideration. On 19 October 2007, the court found Ireland in violation of the European Convention on Human Rights, and decided to issue the first declaration of the incompatibility between Irish and European law. According to Justice Liam McKechnie
Liam McKechnie
Liam McKechie is a judge of the Supreme Court of Ireland. He was educated at Presentation Brothers College, Cork, University College Cork and the King's Inns. He was called to the bar in 1972 and became a Senior Counsel in 1987. He was elected chairman of the Bar Council in 1999, and was appointed...
, provisions of article 8 of the Convention protecting Foy's right to respect for private life had been violated when the State failed "to provide for 'meaningful recognition' of her female identity", and Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
and Houses of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
should consider adopting the British system.
Effect on law
Although the issues have been raised in parliamentary debate, no ruling has been made. The declaration of incompatibility is not unconstitutional, but does place the government in a dilemma, and the need to reconcile Irish and European legislation.On 5 January 2009, Thomas Hammarberg
Thomas Hammarberg
Thomas Hammarberg is a Swedish diplomat and human rights defender.He is currently the Commissioner for Human Rights at the Council of Europe in Strasbourg...
, the Human Rights Commissioner of the Council of Europe, stated with respect to the transgender community and specifically Foy that "There is no excuse for not immediately granting this community their full and unconditional human rights."
Government challenge
Initially challenging the 2007 ruling, on 21 June 2010 the Irish Government withdrew its appeal and set up an inter-departmental committee on the legal recognition of transsexuals.Other achievements
In 1997, Lydia grew the world's largest foxglove in her garden.In 2011, she was the subject of a documentary on RTÉ Radio 1
RTÉ Radio 1
RTÉ Radio 1 is the principal radio channel of Irish public-service broadcaster Raidió Teilifís Éireann and is the direct descendant of Dublin radio station 2RN, which began broadcasting on a regular basis on 1 January 1926...
called My name is Lydia Foy.