While falling short of introducing a third gender marker option (X) on identity cards, Belgium will allow individuals to request to have the marker removed completely from their documents. The decision comes after years of political deadlock, with LGBTQ+ activists criticising the move, saying that it doesn’t provide true recognition for non-binary people.

Interior Minister Bernard Quintin announced the decision to news outlet Het Nieuwsblad, saying that gender remains “an important means of identification”. Under the new rules, Belgium will issue two types of identity cards, one with the gender markers (M or F) and one without. To have their gender marker removed from documents, individuals will only need to submit a formal request.

The decision follows years of debate after the Constitutional Court ruled in 2019 that the lack of legal recognition for non-binary people was unconstitutional. The court held that an ‘X’ gender marker should be made available and asked Belgium’s parliament to work on an arrangement to comply with the ruling.

The Court mandated that this should be done either through the “creation of one or more additional categories” or the removal of gender in official documents.

With the new rules, a third gender marker will not be introduced. Opposition from coalition partner MR prevented the introduction of a third option and also opposed the removal of gender markers for all citizens.

LGBTQ+ organisations in the country have criticised the decision, saying it falls short of providing actual recognition. “This is absolutely no solution,” said Thomas Jans of LGBTQ+ organisation Çavaria. “Nothing changes – the only choice now is to make your gender invisible.”

“This recognition by the authorities goes far beyond the identity card,” said Remus Verwimp of Wel Jong, an LGBTQ+ youth organisation. “Today, school administrators still tell young people that they must identify as ‘M’ or ‘F’ at school, because any other option is illegal.”

This comes after other European countries, such as Germany and the Netherlands, have already introduced an ‘X’ option to recognise non-binary individuals.