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EU court orders gender IDs to reflect ‘lived gender’ and not biological sex

Gender ID in the EU

The Court of Justice of the European Union has ruled that EU member states must amend identification documents for transgender citizens so that official records reflect a person’s “lived gender” rather than biological sex.

The Luxembourg-based court delivered the decision while considering a case referred by Supreme Court of Cassation involving a Bulgarian citizen whose request to alter gender details on a birth certificate had been rejected after beginning hormone therapy and living as a woman in Italy.

Bulgarian authorities had argued that national law defines sex strictly in biological terms, but the court found that refusing such changes after a citizen has exercised freedom of movement within the EU can hinder that right and interfere with private life.

In its ruling, the court said the bloc’s Charter of Fundamental Rights “protects gender identity and obliges Member States to provide for clear, accessible and effective procedures for the legal recognition of it,” adding that legislation preventing amendment of gender data for citizens who move within the EU is contrary to EU law.



The decision was welcomed by lawyer Denitsa Lyubenova, chair of Deystvie Association, who said it “opens a door to our community” to rely on EU law for freedom of travel, while advocacy group ILGA-Europe urged the European Commission to use the judgment against Hungary and Slovakia, where only male and female genders are legally recognised.

Image credit: ev

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6 COMMENTS

  1. These ‘documents’ should then be issued in a plastic card format, the card should then be color coded red so people know that the info has been changed by ‘deed poll’.

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