The Constitutional Court rejected the judge's motion and concluded that the state may need to register the trans person’s sex assigned at birth in certain situations, such as in the case of life-saving surgery or during the investigation of a crimes or in sports. According to the Transvanilla Transgender Association, although the state undoubtedly has the right to register the sex assigned at birth, the judgment is problematic in several respects and completely contradicts the previous position of the Constitutional Court and it is not in compliance with international human rights standards, as pointed out by the Constitutional Judge Balázs Schanda in the parallel reasoning of the decision. The Constitutional Court did not examine the fact that in Hungary it is possible for trans people to receive gender-affirming treatments, but it is not possible for state registers to be brought into line with this, adding that the state may even be obliged to bring the chosen gender into line with the register. Unfortunately, for the time being, this view remains in the minority.

There are still several individual petitions before the Constitutional Court, including a constitutional complaint from one of Transvanilla’s clients, on which the Constitutional Court has not yet ruled.

"Our organisation is therefore working on a number of cases challenging the current prohibitionist legislation before national and international forums. As long as the current situation is not resolved, trans people are forced to live in daily vulnerability and it is extremely sad that the Constitutional Court has not resolved this situation, which is unlawful in all respects" -said Barnabás Hidasi, President of Transvanilla Association, about the decision.

Link to the ruling: