The European Union's top court has ruled that member states must accept changes of first name and gender obtained in other countries in the bloc, a landmark ruling brought about by a case involving Arian Mirzarafie-Ahi, a transgender man with dual citizenship in Romania and Great Britain.
The decision, which establishes a significant legal precedent, will affect millions of transgender people across the bloc, ensuring their identities are respected and recognized, regardless of where they live or travel within the EU.
"Gender, like a first name, is a fundamental element of personal identity. A divergence between identities resulting from such a refusal of recognition creates difficulties for a person in proving his or her identity in daily life as well as serious professional, administrative and private inconvenience," the court said in its decision.
After undergoing gender transition in the U.K. in 2020 while the country was still part of the EU, Mirzarafie-Ahi's name and gender marker were changed in their British documents.
However, Romanian authorities refused to issue a new birth certificate reflecting the transition, citing national law.
The European Court of Justice in Luxembourg ruled that this refusal was illegal under EU law, as all members must recognize legal gender transitions made in any other member state.
"I cried, really. It was indeed a victory that we have been waiting for for many years," Arian Mirzarafie-Ahi said via video from Britain on October 4 as his supporters held a press conference in Bucharest.
The decision is seen by rights groups as a victory for transgender rights across the entire European Union.
They said it sets a new standard for the legal recognition of transgender individuals and has far-reaching implications for their ability to live without discrimination or unnecessary bureaucratic obstacles.
The ruling is crucial for transgender people who move between countries for work, education, or personal reasons.
Previously, they faced challenges when their identity documents were not recognized in different member states, leading to difficulties in accessing services, traveling, or even basic tasks like opening a bank account or enrolling in school.
The court decision also carries deep symbolic significance by affirming that transgender rights are fundamental human rights.
This aligns with the EU's broader commitment to equality and nondiscrimination, as outlined in its Charter of Fundamental Rights.
However, challenges remain in ensuring that it is implemented effectively across the EU.
While all member states are now legally required to recognize name and gender changes made in other EU countries, this does not automatically reform national laws regarding how individuals can change their gender markers within each country.
Governments, rights activists say, may attempt to delay or complicate the process of recognition, even though they are legally bound to comply with the decision.