EU Advocate General recommends ID reflect lived gender for trans people

An advocate general for the European Union's Court of Justice has issued an opinion stating that EU member states should provide identity documents that accurately reflect the lived gender identity of transgender people. This recommendation extends to cases where individuals may not have undergone full gender affirmation surgery.

The opinion arose from a case involving a Bulgarian transgender woman who, after undergoing hormonal therapy and living as a woman, was denied legal gender recognition by Bulgarian courts. The courts cited national laws that prohibit changes to sex, name, or personal identification.

As reported by Euractiv, the advocate general argued that denying a transgender person identity documents aligned with their lived gender infringes upon their EU right to free movement and residence within the bloc.

While the advocate general's opinion is non-binding, the Court of Justice frequently aligns its rulings with such recommendations. A favorable ruling by the court would entitle transgender individuals within the EU to seek recognition of their lived gender identity in their country of origin, irrespective of surgical status.

The Court of Justice is expected to deliver its judgment on the case at a later, unspecified date. It is already established that EU countries must recognize the legal gender of an individual if it has been recognized in another member state, a precedent set by a 2024 judgment.