Yesterday brought a message that no 1 expected. The ultimate Court has issued a groundbreaking sentence: transgenders no longer gotta sue their own parents, due to the fact that matters concerning the agreement of sex are to take place on a non-trial basis!
What precisely does yesterday's conviction mean?
sex settlement cases will no longer be linked to suing parents
Instead, non-trial proceedings will be applied (by analogy with Article 36 of the Act of 28 November 2014. civilian position evidence law) at the request of a transgender
in addition to the applicant, only his spouse may be a associate in the proceedings (Article 510 of the KPC)
the judgement produces results with finalisation, i.e. in rule immediately
What's it going to look like now about changing the sex mark in the papers? What about people who have already sued their parents? Will the requirements for opinions, documentation, consultation with experts change? Will minors be able to apply for a correction of data with their parents? Will the judgement be respected, given the doubts about the regulation of law of the current ultimate Court after ‘reforms“ What if this conviction is accepted, since it is rational and concerns a legitimate cause?
We have quite a few questions, and not many answers. surely next weeks, if not months, will be hard and chaotic. We can only be patient and let legal and activist persons to work out what matters of sex reconciliation will now look like.
It is crucial that the full current strategy inactive needs far - reaching change — not calling parents removes a pathological, traumatic step from the transit process, but it is just the tip of the iceberg. The conviction deals only with this issue, and does not respond to the needs of non-business people, does not separate identity from medicine, leaves the decision to judges, not transgender persons. It is crucial not to let politicians and journalists believe that this is simply a immense triumph and all transgenders need. Absolutely not.
Finally, nobody expected this. The case yet went to the ultimate Court at the request of erstwhile lawyer General Zbigniew Ziobry, and the subject to be resolved was to participate in the trial of children and spouses if the transgender individual was married and/or had children. The court had already commented on this subject, but Ziobro did not quit and applied in 2022 to settle the legal issue.
Ziobra's successor Adam Bodnar tried to intervene and withdrew the motion, but the ultimate Court found this step inadmissible and inactive dealt with the case... deciding it in a way completely contrary to the alleged intentions of the erstwhile minister, i.e. facilitating the transit alternatively than hindering it. Moreover, the Court of First Instance noted in its justification that social awareness of transgenderity has changed importantly over the last decades and that the state of affairs should regulate the applicable law.
Thank you, Mr. Ziobro...?
Love No Excludes works for transgenders, explaining transit-related issues, simply disinformation, offering free legal assistance in matters of sex reconciliation, co-creating a strategical litigation on trans-marriage and participating in the thick-working work forming the draft self-determination bill.
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