TAIPEI (Taiwan News) — The Taipei High Administrative Court blocked an attempt by a transgender woman to change her legal gender without an official diagnosis of gender dysphoria on Thursday (Aug 15).
The court blocked transgender woman Vivi from changing her gender without a doctor's evaluation based on previous Supreme Administrative Court rulings. Despite rejecting the plea, the court ordered the Household Registration Office, which rejected Vivi’s initial application, to reconsider its decision.
The Ministry of the Interior’s Household Registration Office rejected the gender change application based on internal regulations. The regulation states a person must have gender reassignment surgery and a doctor’s diagnosis to make the change.
The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) provided Vivi with free legal assistance during the case. The group issued a press release that said Vivi’s decision to challenge the household regulation office without a gender dysmorphia diagnosis was intentional.
TAPCPR has successfully argued cases on behalf of transgender people seeking to change their legal gender without surgery in the past. However, evidence presented in support of those applications included gender dysmorphia diagnoses.
In Vivi's case, she instead presented “social evidence” in support of her legal challenge. This included letters from people close to her, records of her daily life, and counseling records.
The case represents strategic litigation to challenge current gender norms that fail to respect the gender identity and recognition of transgender people, TAPCPR said.
Vivi said she felt calm after the ruling, but that having to obtain a gender dysmorphia diagnosis would be uncomfortable. Despite the disappointment, Vivi said social changes take time, and that she will continue to share the message that transgender people do not need medical intervention.
TAPCPR lawyer Pan Tien-ching (潘天慶) disagreed with the court's decision. He said the previous Supreme Administrative Court decision cited by the court centered on "stable gender identity" as well as "proportionality" for requirements on ID change, and surgery is not required.
TAPCPR lawyers said they would appeal to establish a precedent that only requires social evidence to be presented when changing one's gender. The group also called on the Household Registration Office to remove its internal regulation requiring medical diagnoses and surgery.
