Gender identity crusader Gemma Hickey called it a “big victory” Friday as her court challenge over non-binary birth certificates was delayed while Newfoundland and Labrador moves to legalize gender-neutral options.
“It’s a proud day for Newfoundland and Labrador,” Hickey said on the steps of the provincial Supreme Court building in St. John’s.
“We weren’t the first place in Canada to do it, but second is pretty good and I feel very happy today. I feel very validated.”
A lawyer for the province asked for a postponement in the unique legal challenge over Hickey’s bid for gender-neutral birth certificates.
Crown attorney Jessica Pynn told the court that the province wants the case put off because it plans to introduce necessary legal changes this fall. It was set over to Dec. 14.
The province said Thursday it will bring in legislation this fall allowing for a change of sex designation from female or male to non-binary.
Sex information will still be collected at birth, but people 12 and older will be able to choose an ‘X’ on their birth certificate. Children aged 12 to 15 will still require a parent to apply on their behalf, with the child’s consent also required.
The government also said it will remove the requirement for a statement from a medical professional prior to a sex-designation change for those 16 and older. Hickey said that change is particularly important because such a prerequisite “pathologizes” gender identity.
“People can decide for themselves how they choose to identify,” she said.
Those changes would short-circuit the legal fight with Hickey, who argues the current Vital Statistics Act contravenes the Charter of Rights and Freedoms.
Hickey identifies as non-binary and was believed to be the first person in Canada to apply for a non-binary birth certificate.
Only the Northwest Territories allows gender-neutral birth certificates, while Ontario has said it plans to do the same thing.
“Our rights are never given to us, so we have to fight for them,” said Hickey, who turns 41 on Oct. 1.
“It’s a big victory for myself and other non-binary Canadians — particularly young people out there who are struggling with their own identity and don’t feel that they have a place.
“We’re carving out that place and we’re doing that today.”
Watching from the public gallery was Hickey supporter Stacey Piercey, who hopes other provinces will now follow suit.
“It’s necessary. There’s so many gender variances and identities. It’s important to accept these kids and love these kids and make them part of our community.”
Ontario’s minister of government and consumer services, Tracy MacCharles, has said gender-neutral birth certificates could be issued in Ontario as early as next year.
In B.C., Kori Doty, a parent who identifies as transgender and prefers the pronoun they, refused to provide the sex of their child Searyl to the government when the baby was born in November.
On Aug. 31, the federal government began allowing gender-neutral passports, the latest step in Ottawa’s plan to eventually allow individuals to identify their sex as ‘X’ — that is, unspecified — on government-issued documents.
The move stems from Prime Minister Justin Trudeau’s pledge to better reflect gender diversity across the country.