Swiss court reluctantly denies official genderless status

Non-binary gender declarations remain outlawed in Switzerland. Keystone

Swiss citizens must continue to declare themselves as male or female on official records, according to a Supreme Court ruling that also called for a broader public debate.

Switzerland’s highest court over-ruled a previous verdict that had allowed an intersex person to describe themselves as ‘no-gender’ on documentation.

Known in court as Julian, the person was registered as female at birth but now feels neither man or woman and is non-binary.

The Swiss citizen, living in Berlin, was able to change to a no-gender status in Germany but not on Swiss documents, such as birth certificate.

A court in canton Aargau backed Julian’s complaint, but this verdict has been reversed by the Supreme Court hearing an appeal by the Swiss justice ministry.

The judges said the matter should be decided by parliament. In December, the government rejected changing the binary gender system on official records but the political debate continues.

The procedure for changing gender between male and female in Switzerland has been simplified since the start of 2022 but only binary options remain on official records.

“The current legal system is anything but satisfactory,” said one judge. “The legislature should not simply continue with the same agenda.”

Julian will now appeal the Supreme Court verdict to the European Court of Human Rights.