The Court of Justice of the European Union (EU) has ruled. It is not necessary to check the Mr or Mrs box to identify your gender when purchasing a transport ticket. The judgment was delivered this Thursday. This decision could pave the way for recognition rights of LGBT people in the 27 EU states, such as the recognition of gender neutral – around 1.7 of the population according to the UN High Commissioner for Human Rights – or non-binary people , who do not identify themselves in the male or female category, i.e. 6% of the French population.
It is the action of the LGBT association Mousse which is at the origin of the referral to the Court of Justice of the EU. Mousse had noted that transgender, non-binary and intersex people suffer discrimination during checks, when identity documents do not match the gender in which they present themselves. Expulsions from the train or fines were noted by the association.
“During a medical operation, we understand that the doctor can collect certain intimate information, particularly biological information. But when it comes to buying a train ticket, it is difficult to understand why the SNCF needs to know the gender of a person who is going to place their buttocks on a seat? The first name, last name and date of birth are amply sufficient to identify the person,” justified the association, in a press release from January 2020. The latter considered, moreover, that this obligation to mention civility in the purchase of tickets violated the General Data Protection Regulation (GDPR).
Mandated by 64 people, Mousse filed a complaint on January 12, 2021 against the SNCF before the CNIL. In vain. She then referred the matter to the French Council of State, which questioned the Court of Justice on this point. “Personalization of commercial communication based on a presumed gender identity, depending on the civility of the customer does not appear objectively essential in order to allow the correct execution of a rail transport contract,” she has just ruled.
The decision implies that SNCF will have to modify its online forms. Already, in September 2022, following a request from Stop Homophobia, the RATP made its forms inclusive for non-binary people. Users of the Bonjour RATP and Mappy apps can now register by checking the “Not specified” box in addition to the traditional “Ms” and “M” boxes.
