Transgender students will be able to use the first name of their choice in their school.
On Wednesday, September 28, the Council of State rejected a request requesting the cancellation of the circular of September 29, 2021 authorizing them to do so.
This, taken under Jean-Michel Blanquer, provided for the implementation of this possibility for students who so wish, stressing that it is a question of "
ensuring that the first name chosen is used by all the members of the educational community
", within the framework of respect for the student's gender identity, provided that the request is made "
with the agreement of both parents of the minor student
".
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The request contesting this circular had been formulated for "
excess of power
", on the grounds that the French law of 1794 mentions that "
no citizen may bear a surname or first name other than those expressed in his birth certificate: those who would have left them will be required to take them back
”.
It is also “
expressly forbidden for all public officials to designate citizens in acts other than by the family name
” and the “
first names given in the birth certificate
”.
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The Council of State nevertheless decided, by affirming that this circular was indeed in conformity with the law.
Thus, the usual first name of transgender students may be used by National Education staff "
in the context of the internal life of the establishments and for the documents relating thereto
", affirming however that "
only the first name registered in the marital status must be taken into account for the follow-up of the notation of the pupils within the framework of the continuous control for the tests of the national diplomas
”.
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Trans people often choose a new “user name” that better suits their gender identity: they can then choose to change it at marital status.
A transgender student who has not yet changed his name in the civil registry may be called by the name he has chosen, in class and on internal documents such as the correspondence book and the canteen card.
On the other hand, the diplomas and transcripts of marks will be delivered under his name of civil status.
The circular of September 29, 2021 was part of the desire for “
inclusive
” schooling, in order to “
take transgender students into account (…) and facilitate their support and protect them, without prejudice to what will otherwise be their personal journeys.
The objective is to guarantee these students “
integrity
” and “
well-being
”, by understanding “
the needs expressed by the young people concerned
”.
