Two transgender people who have not completed their transition from female to male have been denied their application to change their gender on their ID cards.
They argued that the prescription's decision was unconstitutional, filed a judicial review, and lost the case.
They appealed again earlier, arguing that the practice was inhumane because the success rate of the operation was not high.
The Court of Appeal issued a judgment today (26th), arguing that the relevant policies have balanced the interests of the public and the appellant, and dismissed the appeal.
The appellants are Q and Xie Haolin, and the respondent is the director of the Personnel Registration Office.
There were three applicants in the original trial, but only two appealed.
The trial judge held that completing the entire gender reassignment operation was the only feasible criterion at present to change the gender on the identity card.
Worry about different doctors or having different standards
The appellant pointed out that transgender people are receiving medical treatment and have to obtain relevant medical certificates, and can also change their gender on their ID cards, instead of having to undergo the entire gender reassignment operation. Doctors may have different guidelines, which can lead to ambiguity.
Stop taking hormones to get pregnant
The respondent alleges that the woman who did not complete the entire operation may stop receiving hormone therapy and become pregnant after the gender of her ID card is changed to male.
The judge of the Court of Appeal also pointed out that related issues cannot be ignored.
Different appearance and sexual characteristics may affect law enforcement officers
The appeals court judge agreed that gender differences on a trans person's identity card and their appearance, including sexuality, could affect law enforcement officers or those providing emergency services.
To avoid this, the respondent must require the transgender person to complete the entire operation.
The Court of Appeal judge agreed that the respondent had the right to take these circumstances into account when formulating the overall policy, and considered that the policy had balanced the interests of the public and the appellant.
Case No.: CACV183/2019
Transgender Review.
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