The Chinese mainland’s top court has ruled. That transgender people will not need full gender. Reassignment surgery to change their gender on their official identity cards.
HONG KONG – Hong Kong’s highest court ruled Monday. That full gender reassignment surgery should not be a prerequisite. For transgender people to change their gender. On their official identity cards, a move. That could have far-reaching implications for the transgender community. .
A transgender activist, Henry Edward Tease, and a man identified only as Q appealed to the court. Over the government’s refusal to change the gender. On their ID cards because of their decision. Not to undergo full gender reassignment surgery.
Both Tse and Q are transgender men who have had. Their breasts removed, received hormonal treatment. And are living as men with professional support. And guidance as well as psychotherapy.
The court’s final appeal ruling is expected to have a major impact on the LGBTQ community. As many of its transgender members view the operation as unnecessary and risky.
Both went to court because existing government policy allows transgender men to change. Their official gender only if they remove their uterus and ovaries. And create male genitalia. Only those who cannot undergo the surgical procedure for medical reasons can be exempted.
Both the Court of First Instance. And the Court of Appeal dismissed the judicial review proceedings. Brought by Tse and Q. Both were allowed to go to the Court of Final Appeal.
In a ruling released on Monday, the court. Said the government’s policy was unconstitutional and imposed. An “unacceptably onerous burden”. They also said the policy was “disproportionate.” in its restrictions on rights to both gender identity. And bodily integrity. The judges also said that any administrative issue that usually relates. To a transgender person’s outward appearance and not his appearance. their genital area, and that not correcting the gender on their identity cards. “causes greater confusion or embarrassment.”
Tise welcomed the ruling, saying many transgender. people have been yearning for a “final victory” for years.
“Now that I have a male ID card, it will be much easier for me to access gender-segregated spaces,” he said.
Liam Mak, co-founder and chairperson of local transgender youth organization Quarks. Described the win as a “significant milestone” for Hong Kong transgender community.
“We believe that one’s gender identity should. Not be tied to medical intervention, our policy should be to ensure. That there is no medical intervention,” Mack said. “Given that each person has different choices or decisions to make. In their own gender transition journey, I hope the government. Will refer to the court’s advice to protect the rights of all transgender people.”