Gender definition ‘X’ not to be allowed on ID cards, but ID cards without reference to a person’s biological gender will be able to be requested

Although, “X” will not be allowed, it be possible to request an identity card that contains no visible information about your gender. Non-binary people that don’t identify as either male or female will be able to request this. Early this week, Mr Quintin’s office said that the changes won’t be brought in straight away, but they will take effect in the not-too-distant future.

In 2019, the Constitutional Court ruled that the laws pertaining to gender registration in Belgium discriminate against non-binary people as they only allow the abbreviations of “male” or “female” to appear on identity cards.

At the end of 2021, the previous Federal Government reached an agreement that would see the mention of a person’s biological gender disappear from Belgian ID cards. However, it would continue to be registered in databases. Because of this it was suggested that non-binary people would be given the option of asking their gender to be recorded as “X”. However, this suggestion was rejected by the Francophone liberals, who were also a partner in the previous federal government. 

Eef Heylighen of the Flemish LGBTQIA+ rights group Çavaria says that simply making it possible to have a person’s biological gender removed from their identity card does not address the issues raised in the Constitution Court’s ruling.

"The ruling states that everyone should be treated equally. But with what is proposed a person would have to take steps themselves and go through a procedure in order to get “M” or “V” removed from their identity card”.

The Organisation wants to sit down around the table with Mr Quintin to examining more suitable options. Eef Heylighen told VRT News that "With our expertise we can examine how the unequal treatment can be eliminated, and a solution can be found that address the issues raised in the Constitutional Court’s ruling”.

Çavaria was one of several organisations that raised the issue with the Constitutional Court in 2019 and it doesn’t rule out taking legal action again if this proves necessary.  

The Adjunct-Director of the Institute for Equality Between Women and Men (IGVM) Liesbet Stevens is also not entirely satisfied with the proposals contained in the coalition agreement. Nevertheless, she believes that they are step in the right direction. "It’s a step forward because it will mean that “M” of “V” will no longer have to be displayed on identity cards. Everyone, not only non-binary people, will be able to opt for this now”.

However, Ms Stevens went on to say that the underlying issue still remains. A person’s “sex”, their biological gender at birth, remains on their birth certificate. When a baby is born their biological gender (male or female) is recorded by the doctor that presided over the birth. The document containing the information is sent to the municipal registry where a birth certificate if drafted that contains information concerning the baby’s “sex”.

For several years now, it has been possible in Belgium for someone that feels that their gender identity differs from their birth gender to change the ‘sex’ on their birth certificate. However, there are only 2 options “male” or “female”. This doesn’t help those that feel that they are neither.  

"No longer showing a person’s gender on their identity card won’t resolve this. However, allowing a third gender definition on birth certificates would. This would create an opportunity for non-binary people to legally register their gender identity”, Ms Stevens told VRT News.