Court: Politicians must decide how to handle non-binary gender registration

It is up to politicians to decide how people can indicate an alternative gender or a non-binary identity with the registry office, in addition to male or female. The fact that this has not yet been officially arranged is not unlawful, the District Court in The Hague ruled on Wednesday.

The case was brought by a non-binary person from Amsterdam who is registered as a woman with the civil registry. People aged 16 and over can have their registration changed from male to female, and from female to male, if they meet certain conditions. However, it is not possible to change from a female or male to non-binary if they do not personally identify as a man or woman.

The judges declared that the plaintiff in the case is partially right. The fact that the change to non-binary is not yet possible is an “unauthorized distinction between binary and non-binary transgender people,” the court said. But arranging registration requires more than just an X on a birth certificate or passport. Many other laws also need to be changed.

Moreover, politicians must look for a solution when other countries do not recognize the designation. According to the court, “complex considerations must be made” and this requires “further debate and decision-making.”

Politicians are busy adjusting the rules and now have time to do so, but the court’s patience is not infinite, the judges cautioned. The State’s argument that changing the rules is complex has only “limited validity.”

Attorney Elles ten Vergert represented the plaintiff. Ten Vergert said, “This ruling establishes that the State must recognize and implement a third gender option. It is not up to legislators to decide whether that should happen, but to decide how. That is an enormous gain for non-binary people in the Netherlands. The court will give the State time to make the necessary adjustments.”