Corbett v Corbett (otherwise Ashley) [1970] 2 All ER 33

In brief

Arthur Corbett sought to annul his marriage to April Ashley, a trans woman, arguing that the marriage was void because, for the purposes of marriage, Ashley's sex should be classified by biological factors fixed at birth. Justice Ormrod devised a three-part biological test for determining sex: chromosomal, gonadal, and genital factors at birth. The marriage was declared void. The test governed the legal question of sex in England for over 30 years. Strasbourg later found the UK in breach of the Convention (Goodwin v UK and I v UK, 2002) and Parliament enacted the Gender Recognition Act 2004; Corbett was never overruled as English law.

Key provisions

• holding-1 — Three-part biological sex test: chromosomes, gonads, genitalia at birth : Established the three-part biological sex test: chromosomal sex, gonadal sex (reproductive organs), and genital sex at birth determine legal sex for marriage purposes.
• holding-2 — Marriage void where parties are of the same biological sex : A marriage between parties of the same biological sex (as determined by the three-part test) was held void. This was the law until the GRA 2004 provided for legal recognition of acquired gender.
• holding-3 — No legal recognition of acquired gender (since modified by statute) : Held that there was no legal mechanism for recognising acquired gender — a person's sex was fixed at birth and could not be changed. Parliament later provided a route to legal recognition in the Gender Recognition Act 2004.

When relevant

Historical context only. Understanding the legal history of gender recognition in the UK and why the GRA 2004 was necessary. Cited in academic and legal analysis of the FWS judgment.