(Blogmensgo, gay blog June 1st, 2018) Four of the five judges of the Fourth Chamber of the Supreme Court of Chile have determined that a person requesting a name and sex change is not required to undergo sex-adaptive surgery or hormone treatment. This court ruling of 30 May 2018 is based in particular on international treaties ratified by Chile. This decision will undoubtedly encourage the Chilean parliamentarians to finally pass the law in favor of transsexual people. The bill was submitted to Congress in June 2017 and revised in January 2018, but must be finally adopted after the third and final reading.
The Supreme Court ruled on an application by an unnamed trans person who was refused an administrative change of name and gender without prior operation by the Santiago Court of Appeal.
The 4th Chamber of the Chilean Supreme Court recalls on this occasion that Chile has ratified international texts prohibiting discrimination on the grounds of gender identity. The court decision concerns not only the case on which the five wise men have just decided, but all similar cases in Chile as well.
The state must facilitate the (administrative) change of name and sex without subjecting affected persons to surgery or hormone treatment.
(Supreme Court of Chile, 30 May 2018)
Since June 2017, the Chilean parliament has been discussing a gender identity bill that is intended to allow trans- and intersexual persons to officially change their name and gender identity by means of a simple declaration in the registry office, i.e. without a court order, an obligation hormone treatment or surgery.
The different versions of the bill differ in some details. The Catholic Church is completely against this bill. The Deputies and Senators, for their part, agree to vote in favor of the bill, as long as it does not apply to young people and minors, not even with the consent of their parents.
Congress is also discussing another bill on adoption by same-sex couples. Chile introduced a registered partnership for same-sex couples in April 2015, but gay marriages are still illegal. Conservative President Sebastián Piñera took office on 11 March 2018 and has always spoken out against the legalization of gay marriage.
Frank-S / MensGo