TAIPEI (Taiwan News) — A Taipei court has ruled in favor of a man seeking to change his legal gender without undergoing gender reassignment surgery, in a first for Taiwan.

The Taipei High Administrative Court ruled in favor of transgender man Nemo’s right to change his legal gender from female to male on Thursday (May 30), after a nearly two year legal battle. The court said that he had provided sufficient evidence to show that his sex organs did not match his gender identity, and that his gender identity is longstanding and stable.

Evidence provided in support of Nemo’s case included diagnoses from physicians specializing in gender issues, records of ongoing hormonal treatment, and personal testimony. Lawyers also argued that Nemo’s health issues meant that gender reassignment surgery may be life threatening to him.

In a statement released after the judgment by the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), Nemo expressed relief. “I can finally say I am a man,” he said.

In its ruling, the court said the state should respect the people’s free right to independently determine their gender." It reasoned that this would protect democratic and constitutional freedoms, preserve human dignity, and would not harm social order or the public interest.

Nemo brought the case against the interior ministry’s household registration office after his application to change his legal gender was rejected in 2022. The request was rejected because of an internal requirement stated by the office that requires gender reassignment surgery to make the change.

TAPCPR lawyer Hsu Hsiu-wen (許秀雯), who represented Nemo in the case, called the household office’s requirement for gender reassignment surgery outdated. She said the inability to make the change means frequent discrimination and suffering for transgender people in their daily lives.

The household registration office may appeal the ruling. TAPCPR called on the office to respect the court’s decision, and allow Nemo to change his legal gender as soon as possible.

If the decision is not appealed and the change is made, Nemo will become the first transgender man in Taiwan to legally change his gender without surgery. In 2021, TAPCRP successfully argued the case of transgender woman Xiao E (小E), who became the first transgender woman to achieve this change in Taiwan.

In Xiao E’s case, the court found that if someone wishes to change their gender, by law they only need to present evidence that proves their gender identity is longstanding and unlikely to change. The household registration office did not exercise its right to appeal the decision.