State secretary withdraws proposal that would have eased transgender ID changes

State Secretary for Legal Protection, Teun Stricken, has withdrawn the proposal for a new transgender law, the outgoing state secretary announced in a letter. The bill had not yet been fully debated by the Tweede Kamer, the lower house of Dutch parliament. A majority of parliament had requested him to withdraw the law on several occasions, with the most recent example of this coming in April. The law would have made it easier to change the gender on a birth certificate or passport.

In the case of a gender change on the birth certificate, it would no longer be necessary to consult an expert under the new law. The law also would have ensured that the age limit of 16 years was no longer applicable. That would have made it possible for children to change their information in the Personal Records Database (BRP) via a court procedure.

The bill was discussed in the Tweede Kamer in 2022, but was put on hold after the input from the parties. It would usually be the case that the minister would then answer questions from MPs, after which a vote about the bill would take place, but this did not happen on this occasion.

SGP is against the transgender law. The party is pleased with the withdrawal and was partly responsible for both motions that had called for Struycken to do so.

“Vulnerable young people benefit from careful consideration, not from scrapping the age limit and the expert statement,” said Diederik van Dijk of the Christian-conservative party. After the fall of the Cabinet, this decision was removed at the initiative of the SGP from the list of topics to be postponed until after the election.

To withdraw the bill, Struycken needs authorization from the King, which is often a formality. The State Secretary expects the withdrawal to be finalized by the end of the summer holiday.

The Transgender Network criticized the decision calling it appalling. "This Cabinet is abandoning transgender people in an outrageous way," said the organization's chair Remke Verdegem. "The fact that it’s a caretaker Cabinet implementing this motion, which passed by a narrow majority in the Tweede Kamer, right before an election feels like a stab in the back to us."

The organization called it an “unprecedented step.” According to the network, the last time a motion led to the repeal of a law was during the COVID-19 pandemic. “This shows just how far-reaching and appalling this policy is. It no longer concerns a temporary emergency measure, but an actual, lasting improvement of the rights of a segment of the population.”

Transgender Netwerk also pointed out that a Cabinet delegation attended Pride in the Hungarian capital Budapest last week after the event had been banned by the Hungarian government. “But when it comes to support for trans people at home, the Cabinet now cannot be found,” the organization noted.

The network is calling on political parties to speak out in favor of a transgender law “that respects both the self-determination and dignity of transgender people.” Verdegem stated: “Who you are is something you say yourself. No so-called experts should be involved in that. It’s something that should be entirely up to you.”