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SOGI Casebook chapters Archives: Recognising gender identity

AB v. Western Australia and AH v. Western Australia, High Court of Australia (6 October 2011)

Procedural Posture On appeal from the Supreme Court of Western Australia, which had decided that AH and AB could not be issued gender reassignment certificates because they each retained female reproductive organs. The Supreme Court of Western Australia had overturned the State Administrative Tribunal decision granting them recognition certificates. Facts See State of Western Australia […]

Andrea Fields v. Judy Smith, U.S. Court of Appeals for the Seventh Circuit (5 August 2011)

Procedural Posture The district court invalidated a Wisconsin state statute prohibiting the Wisconsin Department of Corrections from providing transgender inmates with certain medical treatments, including hormonal therapy and sexual reassignment surgery. The district court had concluded that this ban violated the Federal Constitution’s prohibition on cruel and unusual punishment and guarantee of equal protection. The […]

Sentenza 5896/2011, Tribunal of Rome, Italy (11 March 2011)

Procedural Posture The applicant filed a request before the Tribunal of Rome to have her sex marker and name changed in all civil records. The Tribunal granted authorisation for surgical gender reassignment in an interlocutory judgment (n. 466/2007). At the next hearing the applicant requested a change of name and sex marker without requiring a […]

1 BvR 3295-07, Federal Constitutional Court, Germany (11 January 2011)

Procedural Posture Constitutional complaint before the Federal Constitutional Court. The complainant challenged a violation of her general right of personality and specifically the component of the right to sexual self-determination. Facts The complainant was born in 1948 with male external genitals. She perceived herself as belonging to the female gender. Her sexual orientation was that […]

No A858-1452/2010, Supreme Administrative Court of Lithuania (29 November 2010)

The Court affirmed an award of 30,000 LTL in damages to the applicant for the state’s failure to enact legislation related to gender-reassignment and recognition. The Court held that this amounted to this was un “unlawful action or omission” on the part of public authority in light of L v. Lithuania and Goodwin v. United […]

The State of Western Australia v. AH, Supreme Court of Western Australia (2 September 2010)

Procedural Posture The Supreme Court of the State of Western Australia conducted a judicial review of a decision made under the State’s Gender Reassignment Act 2000. Facts The Gender Reassignment Act 2000 provided a means by which individuals who had undergone a sexual reassignment procedure could obtain official recognition of the change of gender. The […]