Because Nicholas used to be Nadia, the Irish state refuses to recognise his marriage. Now the 32-year-old Russian businessman who was born a woman is taking legal action to force the government to accept that his birth certificate can be changed.
Ireland is the last of only three countries in the Council of Europe which does not treat transgender people equally. Like Albania and Andorra, the Republic does not allow post-operative transsexuals to alter their birth certificates.
A successful entrepreneur in the import/export business, Nicholas Krivenko says he and his German wife, Sybille Hintze, will be forced to leave Ireland if the state continues to deny them residency on the basis of not recognising their marriage. The couple live in Quin, Co Clare and married legally and in full knowledge of the registrar in a civil ceremony in Limerick City five years ago.
‘Nowhere on the marriage form did it say ”Have you changed your sex?” But I gave the registrar my old birth certificate as a girl, my new one and a translation of them from Russian into English at the ceremony. I did not hide my past. I gave them the opportunity to find out.’
The Krivenkos problems started when he applied for residency and the right to apply for jobs in Ireland.
‘A member of the gardai [police] said he couldn’t sign our application because he knew I had changed sex. When our application was processed, the state objected to the validity of the marriage. They said ”We can’t accept Nadia to Nicholas.” ‘
Nicholas fought a legal battle to gain full residency status, which if the couple moved to Germany would have been automatic. The Federal Republic recognises the marriages of transgender people. Nicholas had his sex change at a private clinic in Germany ten years ago.
‘We want to stay in Ireland because we have no problems with ordinary Irish people. When our problems started, people rallied around. Even the local butcher in our village came around to the house with his wife and a couple of bottles of wine. They said they came over to give us our support. As the evening went on, the butcher’s wife said to me ”Now, I know you are a man because you’ve left the toilet seat up.” The only prejudice we get is from central government.’
The next step in the battle for legal recognition is for Nicholas to apply for unconditional residency. Following that, he will seek full Irish citizenship.
‘I think I have made something of a contribution to Irish society. When I arrived here in 1995 from Germany I was in charge of exporting 10 per cent of all Irish butter to Russia, over 120,000 tonnes. All my wife and I want is to be given full legal status because once they recognise the marriage I am entitled to apply for work as Sybille is an EU citizen. But if this doesn’t work, we might resettle in Germany as there is no problem there.’
Fluent in English and French as well as having a working knowledge of Japanese, Nicholas has lived all over the world. His father used to work for a state-owned trading company in the former Soviet Union.
‘We want to stay in Ireland if we can, but that will depend on getting the law changed that will allow me to apply for jobs. I’m entitled to work as self-employed but not to seek jobs in the employment market. Now we are still in limbo.’
Nicholas is co-chair of the recently founded Transgender Equality Network Ireland (Temi). Sarah Duffy, 40, the network’s co-founder, says it wants legislation similar to that introduced into the British parliament in July, which gave legal recognition in the UK to those who alter their gender.
The Dublin-born pre-op transsexual says that the Dail and Senate should follow suit.
‘You change your name by deed poll in Ireland. You can change your gender on passports and drivers licences, even your social security documents. But in Ireland you still can’t alter a birth certificate, even though being born in the wrong sex is a recognised medical condition. ‘
Sarah, who was only out in public as a woman for the second time in her life last Friday, adds that Temi will be using the European Human Rights Act as a means of forcing the Irish state to change the law regarding birth certificates. The Southern Health Board has recently granted Temi 5 000 euros to help build up a national network of the Irish transgender community.
‘In the 1970s and 80s, women fought for equality. In the 1990s, gays and lesbians won their struggle for equal rights with the ending of the decriminalisation of homosexuality. In the 21st century, we are the last group of people fighting the battle for personal freedom.’
Nicholas meanwhile is adamant that he will not give up the fight to change Irish law for the transgendered.
‘Even Iran, in certain circumstances, allows for people to change their sex and all official documents changed thereafter. Why can’t Ireland do the same?’
– Guardian Unlimited Â