Gender Express | transgender people to change their gender application registration, is expected to call for constitutional interpretation

Transgender Wu Yuxuan's Gender Change Registration Case, November 15, 2021, held the second preparatory proceedings at the Taipei High Administrative Court.

Photo | provided by the Taiwan Partnership Rights Promotion Alliance

As another transgender person, Little E,, also won a historic ruling in taipei's High Administrative Court earlier this year (September 23) without submitting a surgical certificate, Wu Yuxuan and the TaiwanEse partner rights who represented the case boosted the confidence of the coalition's legal team.

(Extended reading: Sex Letters| Interior Ministry declared illegal! Transgender cases do not require sex sexual surgery to apply for gender change registration)

Today, the Yuyu family, including mother, father, Agong are present in court, with action to express their support for Yuyu.

Wu Yuxuan last year (2020) november 20, accompanied by the legal team of the Alliance, went to Zhongzheng Office to request a change of gender, in the absence of a surgical certificate, the Office refused to handle for it, after the petition was rejected, the Companion League representative Yu Yu filed an administrative lawsuit this year, September 15 held the first preparatory proceedings, today is the second session. The Taiwan Association for the Advancement of Human Rights and the Taiwan Hotline were also present today to express their support for transgender rights.

Yu's mother said that she had chosen not to face because she did not understand what is transgender, but the love of her children let her put aside old stereotypes, and gradually understand Yuyu's gender identity. Mother Yu encourages parents of other transgender children to listen more to their children's ideas and respect their children's identity.

"Whether it's a man or a woman, you'll always be my baby, and I hope you'll encourage you all," Yu said at the press conference. Agong also said that gender equality is the world trend, to respect the gender identity of each child, so that this group of children can no longer suffer hardship.

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According to an executive order issued by Taiwan's Ministry of the Interior in 2008, two certificates of diagnosis by psychiatrists and a certificate of surgery to complete the removal of a full set of sexual organs are required to change gender.

Lawyer Xu Xiuxuan mentioned that at the end of September this year, the small E case, also represented by the lawyer group of the companion league, won the whole victory, in the small E case judgment, the court clearly pointed out that forcing people to change their sex must be removed before the sex, has violated the principle of legal reservation, and infringe the parties' right to health and personality.

"Whether it's Yu Yu and her family, or the legal team of the league, our wish is very ordinary, which is to hope that the public will see transgender as a natural part of society," Mr. Xu said.

When the judge asked the parties whether they agreed to order the suspension of the proceedings, the court heard the constitutional interpretation ex officio, and both parties expressed their delight.

Edited by:
There is a sustainable focus on the progress of the case, and it is expected that the judge will propose a constitutional interpretation and make a decision at the level of the chief justice, with the expected impact reaching all transgender persons.
If the judge decides to appeal for a constitutional interpretation, the judge will then write a brief asking the Constitutional Court to confirm the status of the law.
If the judge decides not to release the constitution, the case will continue.