The first French person to be designated as “neutral gender” has appeared in court to testify in an appeal against the decision.
The 64-year-old, who has asked to remain anonymous, appeared before magistrates in Orléans on Friday.
The plaintiff was born with a “rudimentary vagina” and a “micropenis” with no testicles, but was labelled a male at birth. Last August, a court established the plaintiff’s right to use the term “neutral gender” on official documents.
The state prosecutor decided to appeal against the decision, saying that while he was not fiercely opposed, he felt a higher ruling was necessary in a case that “collided with current laws”.
After the closed-door hearing on Friday, lawyer Mila Petkova said: “The court was very receptive. We were able to develop our arguments and we are happy at how the debate unfolded.” No date was given for a ruling.
In August, the magistrate stated that the “sex assigned to the individual at birth appears to be a complete fiction … imposed throughout [the plaintiff’s] life.
“It does not amount to recognising the existence of any kind of third sex, but to take into account the impossibility of attaching one sex or another to the concerned party.”
The plaintiff, who is married with an adopted child and lives in eastern France, spoke to the Paris daily newspaper 20 Minutes in October.
“As a teenager I understood that I was not a boy. I didn’t have a beard, my muscles didn’t build,” the individual said. “Today I finally feel I am recognised by society for who I really am.”
The plaintiff told 20 Minutes that doctors administered testosterone at the age of 35. “My appearance became more masculine. It was a shock, I no longer recognised myself. It made me realise I was neither a man nor a woman.”
Several countries, including Germany, Australia, New Zealand and Nepal, recognise a third gender on official forms. India, Pakistan and Bangladesh also have an official third gender designation for hijra citizens, those who do not identify as male or female.