No gender neutral for the Orleans Court of Appeal (Loiret). She refused to recognize this lack of belonging to the male or female sex.
France accepts the neutral package but refuses to recognize the neutral sex. The Orléans Court of Appeal (Loiret) delivered its judgment on March 21. She considers that to admit the non-membership of one or the other of the two sexes “would amount to recognizing, under cover of a simple rectification of civil status, the existence of another sexual category”.
The lawyer of the 60-year-old person behind this case announced that it would be brought before the Court of Cassation. Of male first name, and declared of such sex, this client nevertheless belongs to a category of its own. According to his doctor, he indeed has “a rudimentary vagina and a micropenis, but no testicles”. Under these conditions, difficult to define if he is a man or a woman.
For the Orléans Court of Appeal, French law does not provide for a third exit to be provided. In this sense, it does not share the opinion of the Court of Tours (Indre-et-Loire), delivered on August 20. The magistrates then admitted “a right to gender identity, a right linked to personal development, which is a fundamental aspect of the right to respect for one’s private life”, in accordance with the texts of the European Court of Human Rights. .
This case is emblematic of the debates surrounding the notion of gender neutral around the world. To date, only two countries have agreed to recognize it. Germany took the plunge in 2013 for children born intersex. Australia followed suit in 2014. The first person recognized as such was transsexual Norrie May-Wellby.
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