The European Court of Justice (EJC) ruled Thursday, Oct. 1, that EU member states must legally recognize gender identity changes made in other member countries. This marks a significant victory for trans rights supporters.
The case involved Arian Mirzarafie-Ahi, a transgender man from Romania, who had legally changed his name and gender in the U.K. However, Romania refused to reflect these changes on his birth certificate, leading to a legal battle that reached the EU’s top court.
The ECJ determined that Romania’s refusal violated EU law, specifically hindering the right to free movement and residence within the bloc, which is guaranteed under the EU Charter of Fundamental Rights.
The court emphasized that failing to recognize gender changes across borders disproportionately impacts transgender individuals, forcing them to navigate conflicting legal documents across different countries.
Mirzarafie-Ahi’s case drew significant attention due to Romania’s invasive legal requirements for gender recognition, including sterilization. In contrast, the U.K. allows legal gender changes without such conditions.
The court’s ruling reinforces that these disparities in national law cannot obstruct the rights of transgender citizens.
Although the case stems from pre-Brexit recognition in the U.K., the court clarified that the decision applies to all legal gender changes made within the EU prior to Brexit.
