FEATURE/Beyond the body: The battle for gender ID rights

By Wu Kuan-hsien, CNA staff reporter

Most of the time, Vivi successfully juggles life as a student, counselor intern, dance instructor, public speaker, friend and daughter. Yet, one part of her identity remains officially denied to her -- being a woman.

The Taipei High Administrative Court denied a request from Vivi, a transgender woman, to change the gender on her ID card in August 2024 because she had not provided the two required official gender diagnoses and had not undergone gender reassignment surgery -- the two general requirements.

However, a month earlier, Nemo became Taiwan's first transgender man to change his legal gender without surgery. The same court ordered authorities to update his ID based on how he self-identified.

Their different experiences came down to one key factor: Medical diagnoses.

Legal ambiguity

Nemo's victory followed a landmark court ruling in 2021, which stipulated that a transgender woman, Xiao E, who had four gender dysphoria diagnoses but had not undergone surgery, could change the gender on her ID.

However, the Xiao E ruling was the first ever of its kind. It also set no legal precedent, meaning that every person who had not undergone surgery but wanted to change their gender would have to initiate separate legal battles.

Nemo told CNA, however, that Xiao E being allowed to change her gender marker without surgery had been a "ray of light" for him as his health issues would make major surgery life-threatening.

The legal process, however, was still daunting.

Nemo submitted one official 'gender dysphoria' diagnosis, as well as a letter from a psychologist affirming his gender identity.

The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), which provided Nemo and Vivi with pro-bono support, said the court accepted both letters -- and did not demand an additional gender dysphoria diagnosis.

However, the legal battle took a severe toll on Nemo's health. At his lowest point, he confided to TAPCPR lawyers that his sole wish was to "change his ID card before he died."

Fortunately, his health improved, and he described receiving his updated ID as "a new chapter" in his life.

He said he hoped his case would help set a precedent -- and help others in similar situations.

Vivi's struggle

Vivi's fight had a different outcome.

At court, instead of official diagnoses, she relied on "social evidence" -- testimonies from family and friends, photographs depicting her daily life and counseling notes, telling the court that her presence was as "natural as any cisgender woman's."

TAPCPR backed her case, advocating for the removal of gender dysphoria diagnoses from legal gender change requirements.

However, the court ultimately rejected her request and she has been unable to change her gender marker.

In 2022, the World Health Organization (WHO) depathologized being transgender to help uphold human rights and reduce gender recognition barriers.

Chen Yi-chien (陳宜倩), a professor at Shih Hsin University, backed the WHO decision, emphasizing that social interactions and self-perception are key to shaping gender.

Identity and recognition

For many, coming to terms with their gender identity is deeply personal and challenging. For Vivi, it is not just about having official documents, it is about being at peace with herself.

She said that counseling has helped her navigate the challenges she has faced and that she now feels able to embrace her identity.

Dancing played a role in her journey and helped her explore her feminine side. "I was finally starting to discover my true self through my body," she said. "And it felt like my body was happy."

For Nemo, hormones were essential. He recalled how he used to nearly argue with his wife because she was so concerned about the impact of the medication on his frail body.

But he told CNA that the medication was crucial in helping him feel more masculine.

"When I started to grow a mustache, I saw myself in the mirror and I knew it was the true me."

Backlash and concern

The court decisions have sparked debate, with safety concerns often cited -- particularly regarding male-to-female transitions.

Lin Shu-fan (林書帆), president of the Taiwan Woman Association, said that allowing biological men to change their IDs without surgery could give them access to women-only spaces, such as restrooms, dormitories, bathhouses and prison cells -- potentially endangering the safety and privacy of women.

She also criticized transgender expressions that, in her view, often reinforce traditional gender stereotypes. "Living as a woman often means following gender norms," she said. "But being a woman is not about external things like long hair, lipstick, and skirts."

However, a 2024 TAPCPR survey found that most transgender people avoid gender-segregated public spaces. Over half felt uncomfortable using public restrooms and nearly a third said they would prefer to endure discomfort.

Meanwhile, Chen -- the professor -- highlighted that transgender people are far more likely to be victims of violence than perpetrators.

Vivi said she agreed that laws could always be exploited, but argued that forcing all transgender people to undergo major surgery was not the solution. Instead, she urged the government to establish measures to prevent abuse.

Legal uncertainty persists

Despite the recent rulings, most people wanting to change the gender marker on their ID card have to undergo gender-affirming surgery, per a 2008 Ministry of the Interior (MOI) directive.

This involves the removal of the breasts, uterus and ovaries for transgender men and the removal of the penis and testicles for transgender women. Proof of "gender dysphoria" diagnoses from two doctors must also be obtained.

However, because this is a directive -- an administrative order issued by a government agency to guide policy implementation -- and not an official law, it has faced criticism from advocates who argue that it violates human rights.

In March, TAPCPR petitioned the Control Yuan to revoke the directive, stressing that the lack of clear legislation forces people who don't meet these medical criteria to endure long legal battles with uncertain outcomes.

So far, only four others, including Nemo, have won their cases and changed the gender on their IDs without surgery. They all had the two required gender dysphoria diagnoses, apart from Nemo who had one, plus the letter from a psychologist.

In response, the MOI said it will continue cross-ministry discussions in search of consensus.

Recognition

Vivi reflected that she was lucky to be surrounded by her supportive mother and friends, which boosted her resilience and helped her mental health.

"Not everyone is so lucky," she noted.

Even after obtaining an ID that matched his gender identity, Nemo struggled to feel accepted. His family had always been distant and after coming out to his parents, he was told by them never to return home.

He said he hopes for more awareness of and basic respect for transgender individuals in Taiwan.

Meanwhile, although Vivi has accepted the court's ruling against her, she and the TAPCPR are planning to take her case to the Supreme Administrative Court.

She has no plans to submit additional evidence and said she is at peace with the situation.

"Live as your true self, and don't let others define you," she said, reflecting on her journey and her hope for a greater understanding of the transgender community.

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