Lytinis tapatumas (transseksualizmo atvejis) Kanonų teisėje
Vytauto Didžiojo universiteto leidykla |
Straipsnyje apibūdinama lytinio identiteto sąvoka, transseksualumo fenomenas bei nagrinėjamos problemos, kylančios taikant Kanonų teisę, kai susiduriama su lytinio identiteto sutrikimais (transseksualizmu). Didelis dėmesys skiriamas santuokos sudarymo, jos negaliojimo, pašvęstojo gyvenimo klausimams bei krikšto sakramentui ir transseksualų galimybei tapti krikšto tėvais.
Transsexualism is a gender identity disorder that is defined by the ICD-10 Classification of Mental and Behavioural Disorders as a “desire to live and be accepted as a member of the opposite sex, usually accompanied by the wish to make one’s body as congruent as possible with one’s preferred sex through surgery and hormonal treatment”. Gender identity disorder, especially after a surgical operation has been performed in order to achieve the desired sex of a transsexual, can create serious problems for Canon Law. It may be observed that the number of problems shall be increasing in the nearest future as legal acts of national states provide more acceptance for gender reassignment surgery. Firstly, the article examines how gender identity is being understood and how sex is determined. The authors also provide the analysis of transsexualism phenomenon as this analysis is important in order to understand what challenges are faced by the Canon Law. Afterwards, the effect of transsexualism on the legitimacy of marriage is analysed. The authors conclude that the Catholic Church can only consider the sex that persons have possessed from birth (in reality, from conception) when assessing whether a couple is able to marry. The article draws attention to the fact that Canon Law (Can. 1084) defines that Catholics who are incapable of performing the marriage act to consummate a marriage contract invalidate the marriage. This rule of Canon Law would apply especially to post-surgery transsexuals who face physical impotence after the surgery is performed. However, psychological aspects of marriage consummation and psychological preparedness to consummate marriage should also be taken in consideration, especially in the case of pre-surgery transsexuals. The analysis of marriage is followed by the exploration of considerations regarding the transsexualism and the consecrated life. Finally, the authors focus on the sacrament of baptism. The possibility of a transsexual to become a godfather or a godmother is being discussed in the light of the duties that are attributed to godparents by the Canon Law.