The court ruled in her favor, but they are denying her the "transvestite femininity" ID card.

Photo: Ariel Gutraich. In March of this year, a landmark ruling by the 7th Civil Court of the City of Buenos Aires granted the request of trans activist Lara Bertolini to have her self-perceived identity, "transvestite femininity," recorded on her official documents. Now, the National Registry of Persons (RENAPER) has appealed the ruling and…

May 15, 2019

Photo: Ariel Gutraich

In March of this year, a landmark ruling by the 7th Civil Court of the City of Buenos Aires granted the request of trans activist Lara Bertolini to have her self-perceived gender identity, "transvestite femininity," recorded on her official documents. Now, the National Registry of Persons (RENAPER) has appealed the ruling and refuses to create a separate gender field because "there are only two sexes," thus denying the spirit of Gender Identity Law 26.743, passed seven years ago.

“Now we have to respond to those arguments by requesting that the appeal be rejected and the sentence be upheld. The Renaper appeal makes outrageous claims, such as that ‘transvestite femininity’ is not regulated, as if an identity should be regulated. Furthermore, they are demanding that Lara pay the court costs. Not only is her right to her identity not being recognized, but they also want to make her pay,” Emilio Buggiani, Bertolini’s lawyer, told Presentes.

Bertolini, a law student and employee of the Public Prosecutor's Office, had made the request months ago because she did not identify with the binary gender category of "female." The ruling that Renaper is appealing is 12 pages long and reviews local and international jurisprudence, with special emphasis on the Argentine gender identity law, which "recognizes every person's right to recognition of their gender identity; to the free development of their personality in accordance with their gender identity; to be treated in accordance with their gender identity and, in particular, to be identified as such in the documents that certify their identity."

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“The National Registry of Persons (Renaper) doesn't recognize the existence of gender; it says it's something open to interpretation. That there are only two registered sexes. And this contradicts the gender identity law, which recognizes self-perceived genders. I am demanding a space for my self-perceived gender. I demand an expansion of a right. They say it would have to be addressed in the legislature, but an identity cannot be voted on. An identity simply is,” Bertolini told Presentes.

“It is noted that the Argentine legislative system is based on the female-male binary. This has various implications when it comes to assigning rights, in the most diverse areas of daily life,” says the Renaper ruling.

“Renaper talks about Congress and criminal law, ignoring that the Justice system recognizes transvestite identity, that there was an exemplary ruling regarding the transvesticide of Diana Sacayán, and that hatred based on gender identity is an aggravating factor. It disregards all these things with its biological perspective, speaking of two sexes. Then it ignores and disregards human rights and international law,” Bertolini added.

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