Posted on 2. December 2015 in Legal Gender Recognition, Legal Gender Recognition

Switzerland, St. Gallen District Court, SJZ 93/1997, 26 November 1996


Divorce cannot constitute a precondition for the legal gender recognition of a trans spouse.


The petitioner, a married trans woman who underwent genital surgery, in agreement with her wife, requested to be registered as a female without having to divorce. In its judgment, the Court emphasized the importance of having matching documents in order to be able to live without constant interference and forced outing. Weighing the various interests involved in the case, the Court found “that the interest of the married transsexual in having his altered sex recognized and his marriage continued, the interest of his wife, as well as the public interest in protecting a functioning marriage in this constellation clearly prevail.“ As for the effects of tolerating a legal same-sex marriage, the court emphasized “that with this solution, a situation was created that had de facto already existed.”