Gender Self-Determination and Sacramental Records of the Catholic Church

Abstract

The article examines the impact that current gender self-determination legislation in various countries worldwide may have on the management of records within the Catholic Church. Following a 2023 ruling by the Argentine Supreme Court regarding a gender identity change in baptismal records, the focus shifts to the relationship between state neutrality and ecclesiastical autonomy, particularly in record management. Possible violations of equality, non-discrimination, and privacy rights under canonical norms are discussed. The controversy lies in the Church’s freedom to fulfill its mission in accordance with its faith. International jurisprudence on religious freedom is referenced, emphasizing the need to balance individual rights, religious freedom, and the autonomy of religious institutions. These reflections could be applied in similar contexts.