five questions on the change of sex in civil status proposed by the left and mocked by Emmanuel Macron

During a trip on Tuesday, the President of the Republic considered a proposal from the left concerning the declaration of a change of gender in the civil status of transgender people “ugly”.

A little sentence that hurts. Traveling to the island of Sein (Finistère), Tuesday June 18, Emmanuel Macron castigated several proposals from the left for the legislative elections of June 30 and July 7. Among them, the president notably attacked a proposal that he considered “ubuesque” of the New Popular Front, which would allow“go change sex at town hall”. This sentence was immediately criticized by part of the political class, including in the Macronist camp, but also by LGBT+ associations. Franceinfo takes a look at the questions that arise after the president’s remarks.

1 Why are the president’s comments criticized?

Many representatives of LGBT+ associations, as well as politicians, criticize the president for polemicizing about transgender people to win votes. “We were stunned by the president’s commentsexplains Anaïs Perrin-Prevelle, director of the OUTrans association to franceinfo. He used a kind of fear of trans people to attack his opponents, he plays on fears.” A point of view shared by other associations. “Emmanuel Macron convenes the transphobia to attack the programs of its political opponents”, judges the president of SOS homophobia, Julia Torlet, on X and on franceinfo.

The Head of State’s comments come at a time when the rights of trans people are regularly called into question by part of the political class. “These are clearly transphobic comments, which follow the offensive coordinated by the far right on this subject”reacts to franceinfo the environmentalist senator Mélanie Vogel, believing that the head of state “goes back on its commitments”.

Some point to the lack of knowledge of the subject on the part of the head of state. Thus, Jean-Luc Mélenchon denounced on a “mockery” of the Head of State, recalling that the possibility of changing the official gender “already exists in the law”. “I don’t know if the president is being cynical or if it’s the veneer that’s cracking, but it’s terrifying“worries Mélanie Vogel.

2 What does the law say about sex change in civil status?

Since a law adopted in 2016, changing sex in civil status must go through the courts. For “change the indication of sex on civil status documents”it is thus necessary “demonstrate that the sex indicated on your marital status does not correspond to that of your social life (gender identity)”, details the site service-public.frexplaining the steps to be taken and in particular a request “nearby court”. No medical transition or treatment is required, but the applicant must “provide proof, by all means”, of his transition. The procedure is denounced as cumbersome and intrusive by associations defending the rights of transgender people.

3 What are the New Popular Front’s proposals on this subject?

In his program (PDF), the New Popular Front proposes“authorize the change of civil status freely and free of charge before a civil status officer”. The proposal corresponds to the demands for self-determination made by LGBT+ associations. “We want a free, free and declaratory change of civil status at the town hall”explain Anaïs Perrin-Prevelle. A request shared by the Defender of Rights in a framework decision (PDF) dating from 2020.

A bill to this effect was tabled in the Senate in April by Mélanie Vogel. This text thus provides for the possibility of correcting the mention of the sex of one’s civil status thanks to “a declaration given to a civil registrar”, without any supporting document, such as a medical opinion, being necessary. This declaration would then automatically constitute modification of the birth certificate.

“The current procedure requires going before a judge, the procedures are long and cumbersome for trans people”justifies the senator, who believes that “justice is obstructed for nothing”, while “99% of requests are successful”. “Meanwhile, people continue to face discrimination because their gender does not match that of their identity documents”underlines Mélanie Vogel.

4 What is the position of the presidential camp on this subject?

In 2022, the president nevertheless declared himself in favor of change for trans people. “People who engage in a transition process must be respected in their choice and their lives must not be made more complex by administrative procedures if they are unnecessary”, he told Têtu ahead of the second round of the presidential election. The measure was already part of the “National action plan for equal rights, against anti-LGBT+ hatred and discrimination” presented in 2020 by Elisabeth Moreno, then Minister Delegate in charge of Equality between women and men.

Has Emmanuel Macron changed his mind? “He’s not at all hostile but it’s not one of his favorite subjects.”confides to franceinfo a majority executive who points the finger at a simple “clumsiness” Of the president. The exit of the head of state, however, shocked some of these supporters. Former Minister of Transport Clément Beaune called on the social network “reject all stigmatization in political discourse and advance rights”. The Progressive LGBT+ association, attached to the Renaissance party, denounced the comments of the head of state in a message posted on X.

5 Is declarative sex change applied in other countries?

Many countries allow gender change in civil status on the basis of a simple declaration. This is the case of Argentina, Denmark, Spain, Belgium and Portugal. Germany joined the list of these countries in April after the adoption of a law. “Apart from Italy, all countries bordering France have adopted this provision”point Anaïs Perrin-Prevelle.

The activist, who denounces “an offensive against the rights of trans people”notes however that other countries “have passed anti-trans laws in recent years”. Russia, for example, has banned gender transitions in 2023, recalls The world. The United Kingdom government, for its part, blocked a Scottish law in 2023 allowing trans people to change their gender in the civil registry without justification. In France, the Senate adopted a bill from the right in May aimed at restricting trans minors’ access to treatment. The National Rally submitted a similar bill to the National Assembly in April.