Tue, Apr 22, 2025 page3

• Court denies transgender woman’s ID change

  BETTER MEASURES NEEDED: Laws could be exploited, but forcing all transgender people to undergo surgery was not the solution, the transgender woman Vivi said

  • Staff writer, with CNA
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  Most of the time, Vivi successfully juggles life as a student, counselor intern, dance instructor, public speaker, friend and daughter. Yet, one part of her identity remains officially denied to her — being a woman.

  The Taipei High Administrative Court denied a request by Vivi, a transgender woman, to change the gender on her ID card in August last year, because she had not met the requirements: providing two official gender diagnoses and undergoing gender reassignment surgery.

  However, a month earlier, Nemo became Taiwan’s first transgender man to change his legal gender without surgery. The same court ordered authorities to update his ID based on how he identified.

  

  A person bangs a gavel in an undated photograph.

  Photo: Wu Cheng-feng, Taipei Times

  The difference in their experiences came down to one key factor: medical diagnoses.

  Nemo’s victory followed a landmark court ruling in 2021, which stipulated that Xiao E (小E), a transgender woman who had four gender dysphoria diagnoses, but had not undergone reassignment surgery, could change the gender on her ID.

  However, that ruling was the first of its kind. It also did not set a legal precedent, so each person who wanted to change the gender on their ID but had not undergone reassignment surgery would have to initiate their own legal battle.

  Nemo said that Xiao E being allowed to change her gender marker without surgery had been a “ray of light” for him, as his health issues would have made major surgery life-threatening.

  However, the legal process was still daunting, Nemo said.

  He had submitted one official “gender dysphoria” diagnosis and a letter from a psychologist affirming his gender identity.

  DIFFERENT EXPERIENCES

  The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), which provided Nemo and Vivi with pro bono support, said the court accepted both letters and did not demand an additional gender dysphoria diagnosis.

  However, the legal battle took a severe toll on Nemo’s health. At his lowest point, he confided to TAPCPR lawyers that his sole wish was to “change his ID card before he died.”

  Fortunately, his health improved, and he called receiving his updated ID “a new chapter” in his life.

  He also said he hoped his case would set a precedent and help others in similar situations.

  Vivi’s fight had a different outcome.

  At court, instead of official diagnoses, she relied on “social evidence” — testimonies from family and friends, photographs depicting her daily life and counseling notes, telling the court that her presence was as “natural as any cisgender woman’s.”

  TAPCPR backed her case, advocating for the removal of gender dysphoria diagnoses from legal gender change requirements.

  However, the court ultimately rejected her request and she has been unable to change her gender marker.

  In 2022, the WHO stopped treating being transgender as a medical condition, to help uphold human rights and reduce gender recognition barriers.

  Shih Hsin University professor Chen Yi-chien (陳宜倩) backed the WHO’s decision, saying that social interactions and self-perception are key to shaping gender.

  For many, coming to terms with their gender identity is deeply personal and challenging. For Vivi, it is not just about having official documents, it is about being at peace with herself.

  Vivi said that counseling helped her navigate the challenges she has faced and that she now feels able to embrace her identity.

  Dancing played a role in her journey and helped her explore her feminine side, she said.

  “I was finally starting to discover my true self through my body,” Vivi said. “And it felt like my body was happy.”

  For Nemo, hormones were essential. He recalled how he used to nearly argue with his wife, because she was concerned about the effect of the medication on his frail body.

  However, the medication was crucial in helping him feel more masculine, he said.

  “When I started to grow a mustache, I saw myself in the mirror and I knew it was the true me,” Nemo said.

  BACKLASH AND CONCERN

  The court decisions have sparked debate, with safety concerns often cited — particularly regarding male-to-female transitions.

  Taiwan Woman Association president Lin Shu-fan (林書帆) said that allowing biological men to change their IDs without surgery could give them access to women-only spaces, such as restrooms, dormitories, bathhouses and prison cells — potentially endangering the safety and privacy of women.

  She also criticized transgender expressions that, in her view, often reinforce traditional gender stereotypes.

  “Living as a woman often means following gender norms,” she said. “But being a woman is not about external things such as long hair, lipstick and skirts.”

  However, a TAPCPR survey last year found that most transgender people avoid gender-segregated public spaces. More than half felt uncomfortable using public restrooms and nearly one-third said they would prefer to endure discomfort.

  Chen said that transgender people are far more likely to be victims of violence than perpetrators.

  Vivi said she agreed that laws could always be exploited, but forcing all transgender people to undergo major surgery was not the solution. Instead, she urged the government to establish measures to prevent abuse.

  LEGAL UNCERTAINTY

  Despite the recent rulings, most people who want to change the gender marker on their ID card have to undergo gender-affirming surgery, per a 2008 Ministry of the Interior directive.

  That involves the removal of the breasts, uterus and ovaries for transgender men, and the removal of the penis and testicles for transgender women. Proof of “gender dysphoria” diagnoses from two doctors must also be obtained.

  However, because this is a directive — an administrative order issued by a government agency to guide policy implementation — and not an official law, it has faced criticism from advocates who say that it violates human rights.

  TAPCPR last month petitioned the Control Yuan to revoke the directive, saying that the lack of clear legislation forces people who do not meet these medical criteria to endure long legal battles with uncertain outcomes.

  So far, only four people, including Nemo, have won their cases and changed the gender on their IDs without surgery. They all had the two required gender dysphoria diagnoses, apart from Nemo who had one, plus the letter from a psychologist.

  In response, the ministry said it would continue cross-ministry discussions in search of a consensus.

  RECOGNITION

  Vivi said she was lucky to be surrounded by her supportive mother and friends, which boosted her resilience and helped her mental health.

  “Not everyone is so lucky,” she said.

  Even after obtaining an ID that matched his gender identity, Nemo said he struggled to feel accepted.

  He said his family had always been distant, and after coming out to his parents, he was told never to return home.

  Nemo said he hopes for more awareness of and basic respect for transgender people in Taiwan.

  Meanwhile, although Vivi has accepted the court’s ruling against her, she and the TAPCPR are planning to take her case to the Supreme Administrative Court.

  She said she has no plans to submit additional evidence and that she is at peace with the situation.

  “Live as your true self, and do not let others define you,” she said, reflecting on her journey and her hope for a greater understanding of the transgender community.
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