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BGH XII ZB 383/19 Antragsteller gegen Registergericht; Bundesgerichtshof; Entscheidung vom 22. April 2020

BGH XII ZB 383/19 Applicant v. Registry Office; German Federal Court of Justice (Bundesgerichtshof); decision dated April 22, 2020

 

Only persons with biological intersexuality can change the gender details in the civil status entry per §§ 45b and 22 Para. 3 of the Civil Status Act, while "perceived intersexuality" is not covered.

Case No. 3488-17 – A. v. the Swedish National Board of Health and Welfare

The court ruled that a person who was designated male at birth, but who had undergone sex reassignment therapy and who had changed their legal identity to female has the right to change their legal identity back to male, despite having female genitalia. The court further held that Section 1 of the Swedish Gender Identification Act can be applied in this situation (i.e., where a person would like to change his or her legal identity back to a previous legal identity after having undergone sex reassignment therapy).

Foy v. Registrar General & Attorney General

In 2007, the High Court held that the failure to allow the applicant, a transgender woman who had undergone gender-affirming surgery, to obtain a new birth certificate recording her gender as female violated her rights under Article 8 and 12 of the European Convention on Human Rights, which had been made part of Irish law, despite having found in previous proceedings involving the same applicant that her constitutional right to privacy was not disproportionately or excessively infringed.  The Court agreed with the applicant that existing Irish law barred the effective recognition

Gao v. Beijing Dangdang Information Technology Co., Ltd. (2020)

In January 2020, the Beijing No. 2 Intermediate People’s Court ruled that the dismissal of a transgender woman who had undergone gender-affirming surgery was unlawful and ordered her reinstatement. The transgender woman was employed as a product director since 2015 at Dangdang, an e-commerce company best known as one of the earliest and largest online book retailers in China, and was terminated for “continuous absenteeism” after taking medically advised leave for her surgery.

Loi n°2016-1547 du 18 novembre 2016 de Modernisation de la Justice du XXI siècle (2016) (Law on the modernization of justice)

Law No. 2016-1547 simplifies the procedures for changing an individual’s first name(s) and gender in civil status records. The law also replaces the discrimination criterion of "sexual identity" by "gender identity". Medical interventions and care carried out as part of a transitional medical process can be covered by social security. Since the adoption of this law, the first name change procedure is no longer a judicial process, and any individual may request the civil registrar to change first name(s) under article 60 of the French Civil Code.

McEwan, Clarke, et al. v. Attorney General (High Court of the Supreme Court of Judicature, 2013)

On February 6, 2009, four female transgender individuals (A, B, C, D) were arrested and charged with both loitering and wearing female attire. The police detained the Applicants for the entire weekend without explaining the charges against them. Wearing female attire is prohibited under Section 153(1)(XLV11) of the Summary Jurisdiction (Offences) Act, chapter 8:02.

Ohio’s Protect All Students Act (2024)

Ohio Senate Bill 104 (2024), titled the Protect All Students Act, restricts transgender individuals’ access to school and university bathrooms by requiring facilities to be designated solely for male or female use based on biological sex. It prohibits schools from establishing multi-gendered or gender-neutral facilities and bars students of different biological sexes from sharing overnight accommodations.

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