A narrow parliamentary majority voted on Tuesday in favor of a motion by NSC and SGP, which calls on the cabinet to withdraw the law that should make it easier for transgender people to change their gender in the birth certificate and in the Personal Records Database (BRP). Weerwind immediately announced that he did not intend to implement the motion and promised to discuss it in the Council of Ministers. “I have just submitted it and the cabinet supports me in this,” he said after the weekly ministerial meeting.
Weerwind first wants ‘an orderly debate’ about the law in which ‘arguments for and against’ are weighed. “The House of Representatives has asked questions, so you have to wait for the answers. And those answers are not there now.” Only then, the minister says, can the House decide whether or not to repeal the law. In any case, such a debate would only be held when there is a new cabinet.
The cabinet may choose not to implement adopted motions, provided it explains why. NSC MP Nicolien van Vroonhoven ‘is disappointed about it’. “You should simply implement an adopted motion.” SGP MP Diederik van Dijk also believes that ‘modesty’ suits the cabinet. “The cabinet is outgoing and should have a little more respect for the majority of the parliament.”
Motion of distrust
If the House of Representatives takes Weerwind’s refusal seriously, a motion of no confidence can be submitted against him. If that motion were subsequently adopted, Weerwind would have to resign – resigning or not. It is unclear whether that will happen. Van Vroonhoven wants to first consult with her group after the May recess. “I don’t like making big threats.” Van Dijk wants to put the refusal ‘into perspective’. “The cabinet is still struggling, but the bill will not be passed anyway.”
The bill has been discussed for years. The plan states that transgender people do not need a statement from an expert to have the gender indication changed. To make such an adjustment, someone must be 16 years or older. According to the bill, that age limit would be abolished. However, a request from a judge is required to change the gender.
Criticism of NSC’s actions
After the 2023 House of Representatives elections, in which right-wing parties gained a majority in the House, the House decided to have the transgender law declared controversial. It would not be discussed again until a new cabinet was formed. But NSC and SGP, declared opponents of the law, want the law never to be on the agenda again.
NSC in particular was criticized for its approach, because they wanted to destroy a bill before it had been debated. D66 called this ‘an uncollegial, careless and undesirable state of affairs and certainly not a sign of good governance’. According to NSC MP Nicolien van Vroonhoven, her party is ‘absolutely not against gender change’. “But it shouldn’t be too easy either.”
