Today, the District Court of The Hague ruled that there is unlawful discrimination in that a non-binary gender identity cannot be registered.
The court also acknowledged that the introduction of a third gender option, by which a non-binary gender identity is actually legally recognized and implemented, goes beyond putting an 'X' on the birth certificate. However, because this is a complex legislative operation, it is held that the State cannot be condemned at this time to create a legal regulation within a certain time frame. However, the court does explicitly note that the State's argument that it is a complex legislative operation has a limited period of validity. Thus, with this ruling, it is established that the State must recognize and implement a third gender option. The State is given time by the court to actually do so.
Senn van Beek was represented by Elles ten Vergert.
The verdict can be accessed via this link (in Dutch): Rechtbank Den Haag 18 oktober 2023, ECLI:NL:RBDHA:2023:15524
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