Court Ruling A "Monumental Victory" for Transgender Rights in the European Union

Photo / IGLA

The European Union Court of Justice ruled yesterday that a transgender man with dual citizenship must have his legal identity recognized by both countries.

Arian Mirzarafie-Ahi, a transgender man with Romanian and British citizenship, filed a first-of-its-kind lawsuit in Romania against Romanian authorities over their refusal to recognize his male name and gender identity acquired in the United Kingdom (while still treated as an EU Member State). The lawsuit, which raised fundamental questions under EU law, was referred to the Court of Justice of the European Union (CJEU) in Luxembourg, according to a press release from the IGLA.

TGEU Expert Advisor, Richard Köhler, said in a joint statement with the IGLA: “The CJEU’s ruling in the Mirin case is a monumental victory for trans people in Europe! Arian was forced to navigate a legal nightmare, facing the prospect of conflicting passports and demands for sterilisation to match his legal gender on Romanian and UK documents. Member States must recognise each other’s decisions—this is about equality and dignity. Romania, it’s time to act: Arian deserves his passport now, and the country needs a legal framework for recognising foreign gender identities.”

ILGA-Europe’s Senior Strategic Litigation, Marie-Hélène Ludwig added: “Today’s ruling confirms that without mutual recognition of legal gender recognition from one Member State to another, the right to freedom of movement and residence is not guaranteed for trans people in the EU. It is a great victory that shows the power of strategic litigation in the EU. This judgement will have an immensely positive impact, increasing legal protection for all trans people in the EU, all the more as certain EU countries like Romania still do not provide a legal framework for legal gender recognition conforming with European Court of Human Rights’ standards.”

Fact Check: Texas DPS Isn't currently reverting Gender Markers On Driver Licenses of Transgender residents

Photo / DPS website

A poorly written headline of an article by Erin Reed on Substack suggests that the Department of Public Safety (DPS) may be reverting the gender maker on transgender Texans' driver's licenses. This added undue stress to many in the community who trust Reed explicitly most of whom don't read past the headline.

That headline stopped me, a transgender Texan, from reading the article but for other reasons. Having previously read the letter from McCraw and being well-informed about the process, that headline looked like clickbait and honestly, my stress level is high enough already.

As you know the DPS without allowing for a public comment period as required changed a major department policy on August 20, 2024.

Nearly a month later Texas DPS Director Steven McCraw sent a letter to Texas Attorney General Ken Paxton asking if the DPS has the authority to ignore court orders and revert driver licenses to the sex they were before they were changed. The first three questions in the letter are all telling:

McCraw inadvertently pointed out in the letter that they didn't have legal or a legislative mandate to stop accepting court-ordered gender marker changes presently, so how could the DPS change drivers' licenses that had already been changed?" Paxton may have told him to do that, and McCraw, now retiring, passed the buck back to his boss.

I know cruelty is the point for Paxton. He has played a part in raising the suicide rate of transgender people living in Republican states to 7-72% higher in comparison to Democrat-governed states. It doesn't matter to him if his attacks on minorities ultimately fail. To Paxton, cruelty is the point.

Texas DPS isn't accepting court orders changing gender markers and yes, the DPS is keeping a list of those who were in the process of doing it.  But no, Texas isn't currently reverting Gender Markers On Driver Licenses of Transgender residents.

Now look for the Legislature to pass a bill in the upcoming session defining sex. They have tried and failed to do that in the past sessions. They must also pass a bill directing the DPS to act on Governor Gregg Abbott's insatiable hatred of diversity. That is likely what the DPS needs to begin reverting the gender on transgender licenses. 

(edited for clarity 10/5/24)