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Denise Martin is fighting for the right to go to jail - as long as it's a women's prison. Martin, one of Ireland's first transsexuals who had a full sex-change operation 22 years ago, faces a prison sentence next month after refusing to pay a fine over a breach of the peace offence in her home town of Larne.
The slender, 45-year-old bleached blonde could find herself in the all-male top-security Maghaberry jail outside Belfast.
\"It's a matter of principle,\" she said in between sips of latte inside a hotel overlooking a windswept North Antrim coast on Friday.
\"At my first hearing in Larne last month the court referred to me as 'Mr Martin' or 'he', because on my birth certificate I'm still Douglas Martin. But as you can see by looking at me, I haven't been Douglas for over 20 years.
\"On my British passport it states that I'm Denise, and that's who I have been for all these years. But if the next court appearance in Ballymena treats me like a man, then I'm in danger of going to an all-male prison.\"
What began as a \"cat fight\" between Denise and a middle-aged transvestite in Larne last April may end up in the European Court of Human Rights. If Martin refuses to pay the fine at her next court appearance on 7 November, she risks a custodial sentence.
\"My solicitor told me I would have 28 days to appeal, and in that period I would go to a higher court to see if they can change my status to that of a woman. I don't believe I did anything wrong, but I won't pay and am prepared to go to jail, as long as it's a woman's jail.
\"If they refuse, I have instructed my solicitor to fight this all the way to the European Court of Human Rights. I didn't go through years of psychiatric counselling, a painful operation and the entire trauma through my life to let the courts deny who I am today.
\"I won't pay and I won't rest until they recognise me as Denise.\"
The transsexual who says she is a normal heterosexual woman has other reasons to challenge the court's definition of her sexuality.
\"My partner, who prefers to maintain his privacy, and I want to get married next year. I'm fighting this case partly for him as well. The law, or at least the courts, still sees me as a man and I don't want my partner being branded as someone who has married a man. He met me as a fully functioning woman, not as Douglas but as Denise. This fight is as important for him as it is for me.\"
After the court cases and the marriage, the couple are planning to move to London. Asked how her family felt about her going public, Martin said: \"Obviously back in the early days there was a lot of hurt and confusion. But they have finally accepted me as Denise, and they know because I am a very cocksure person that I speak my mind and don't let people walk all over me.\"
Aside from challenging the legal system, Martin will soon pose a dilemma for her local Anglican church where she wants to marry. \"I'm a very religious person,\" she says, fiddling with a holy medal on a chain around her neck, \"It's extremely important for me to have my marriage blessed in the church as well as recognised in law.\"
Martin claims that she was born as a woman trapped inside a man's body: \"I didn't have a sex change, I had a sex realignment. All the surgeons did was to correct my anatomy.
\"I have been on a long, painful journey to arrive at the woman I am today. It's for that reason mainly that I will not allow the law to ignore who I now am.\"
A spokesman for the Northern Ireland Human Rights Commission said it would be monitoring Martin's case and would be happy to speak with her if and when her challenge reaches the European court.
中文：
英国北爱尔兰自治区首位变性人丹尼斯·马丁不久前因与人斗殴而且拒绝缴纳妨害社会治安的罚款，目前法庭宣布马丁将去男子监狱服刑，但马丁认为自己已是女儿身，她对法庭的判决表示不服。
据《卫报》10月23日报道，22年前，本是男儿身的马丁通过变性手术成了女人，她也因此成为了北爱尔兰首位变性人。如今，45岁的她看上去完全是一个身材苗条、金发碧眼的地道女人。去年4月，马丁因与他人斗殴且拒绝缴纳妨害社会治安的罚金而面临监禁。法庭日前宣布，她将去男子监狱服刑。
马丁对此不服，她表示：“这是一个原则问题。在法庭上，我被称为‘马丁先生’或者‘他’，因为在我的出生证明上仍然写着我的原名——道格拉斯·马丁。但是就像你们所看到的，我20多年前就不再是道格拉斯·马丁了。目前，我的身份是丹尼斯·马丁，这在我的英国护照上写得清清楚楚。但如果法庭让我到男子监狱服刑，在全是男人的地方我将如何忍受？”
马丁还说：“我认为我没有做错什么，所以我不会缴纳罚金，但同时也做好了服刑的准备，当我的律师告诉我可能进入男子监狱后，我决定在案子被移交欧洲人权法庭做最终审理期间上诉，看是否能恢复我女人的身份。在他们把我当作女人之前，我不会服罪，也不会交纳罚金。”
马丁表示：“我的男友（目前他还不愿公开身份）明年将和我结婚，我反对法庭把我当做男人其中的一个原因也是为了他。我不希望别人知道他娶了一个‘男人’。他遇见我时，我已经完完全全是个女人。所以，我女人的身份对我们两人都很重要。”马丁称，她能变成女人经受了长期巨大的痛苦，所以她希望法庭不要忽视她如今的身份。
北爱尔兰自治区人权委员会发言人表示，他们愿意支持马丁。 |
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发表于 2006-6-19 21:58:17