Yo-Ling Chenby Yo-Ling Chen
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Photo courtesy of TAPCPR
YESTERDAY THE TAIPEI HIGH Administrative Court (THAC) issued their ruling on Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) strategic litigation plaintiff Vivi’s court appeal to change her legal gender without providing proof of sexual organ removal surgery. While the THAC’s ruling condemned the surgery requirement for changing one’s legal gender as unconstitutional, it ordered the Daan District Household Registration Office reprocess Vivi’s legal gender change application in accordance to the recommendations set out in the Supreme Administrative Court’s September 2023 ruling, which requires medical evidence of the stability of one’s gender identity.
Vivi’s case is part of a long string of administrative appeal cases in recent years aimed at changing the Ministry of Interior’s 2008 executive order (內政部97年11月3日內授中戶字第0970066240號令), which requires proof of sexual organ removal surgery certificate (penis and testicles for transgender women; breasts, uterus, and ovaries for transgender men) and two gender dysphoria diagnosis certificates from separate psychiatrists in order to change one’s legal gender. In April of 2023 under the guidance of TAPCPR, transgender YouTuber and Vogue dancer Vivi applied to change her legal gender from male to female at the Daan District Household Registration Office.
Vivi outside of the Taipei High Administrative Court. Photo courtesy of TAPCPR.
Unlike other strategic litigation cases represented by TAPCPR such as Xiao E and Nemo, Vivi only provided everyday photos of herself at the time of application and did not submit any gender dysphoria diagnosis certificates. Her application was summarily rejected, which she then appealed with legal representation from TAPCPR.
Vivi’s case aims to challenge the growing legal consensus towards a “soft medical model” of gender recognition that, while against a “strong medical model” demanding sexual organ removal surgery, still requires medical evidence other than proof of surgery (i.e. gender dysphoria diagnosis certificates, gender-affirming hormone therapy prescriptions). During her administrative appeal, Vivi submitted additional non-medical evidence of her gender identity to the THAC, including a letter from her mother testifying that Vivi’s entire family (her mother, father, and two brothers) already socially affirms Vivi as the woman she is.
Photo of letter submitted by Vivi’s mother to the Taipei High Administrative Court. Photo courtesy of TAPCPR.
TAPCPR’s press release yesterday explained that the THAC’s ruling cited the Supreme Administrative Court (SAC) ruling from Xiao Na’s case last September, which emphasized alternative forms of medical evidence other than proof of surgery to prove the stability of one’s gender identity, in rejecting Vivi’s appeal. In their September 2023 ruling, the SAC baldly stated:
“It is the opinion of this court that applicants seeking to change their legal gender registration due to their gender identity being incongruous with their gender registration at birth must provide at least one or more psychological evaluation report or gender dysphoria diagnosis certificate issued by a licensed medical professional specializing in gender dysphoria or transsexualism, or a professional psychologist or psychiatrist, in order to prove that the applicant has gender dysphoria, anxiety or other circumstances related to the incongruence of their biological sex characteristics and self-identified gender, and that these circumstances have persisted for a long time. Applicants continued use of hormone therapy can also be considered as sufficient and practical.”
Following the SAC’s ruling, the THAC stated that at least one gender dysphoria diagnosis certificate should be required for changing one’s legal gender. TAPCPR co-founder and executive director Victoria Hsu explained that even though the THAC still emphasized the need for at least one diagnosis certificate, in previous rulings the THAC required two diagnosis certificates; hence, yesterday’s ruling shows some progress on the part of the THAC in understanding gender diversity issues.