Transgender Trio's Bid For Acceptance Rejected

Three transgender men have lost a legal bid in the High Court to have their adopted sex recognised on their ID cards, because they haven't undergone a full physical transformation.

All three were born female but now identify as male. They have removed their breasts and are undergoing hormone therapy.

The government had told the court that the absence of a penis and the presence of a uterus and ovaries in their bodies means they must be considered to be women.

The applicants argued that insisting on drastic physiological steps would be inhumane, breaching the Bill of Rights and amounting to indirect sex discrimination.

But Justice Thomas Au rejected their argument, saying changing the gender entry on an ID card doesn't just concern the private rights of a transgender person, but also the wider public interest.

He said he agreed with the Commissioner of Registration that a fair and objective standard needs to be adopted, to address the public's concerns over the matter.

He added that the surgery requirement isn't inhumane, because a transgender person would have been informed of the associated health risks.

It would be their free and considered choice to have the surgery, he added.

Au also rejected the sex discrimination argument, saying there is no evidence to show that fewer females are capable of undergoing all these surgeries to change their gender, compared to men who decide to change gender.

One of the applicants, Henry Tse, who spoke for the trio, said they were upset with the judgement and plan to appeal.

"What we are asking for is a policy that does not require surgery," he said. "My fellow applicants have recognised from the beginning that this would likely be a long journey through the courts. We are strong, committed and determined to continue this fight."