Until now, transgender, non-binary and intersex people have had to go through a lengthy, degrading process in order to be allowed to change their gender and first name on their ID card. The traffic light coalition wants to change that. Because: "Every single person has the right to dignity."
In the future, everyone in Germany should be able to determine their gender and first name themselves and change it in a simple procedure at the registry office. This is what a concept presented in Berlin by the Federal Ministries of Justice and Family for a new self-determination law envisages. It is intended to replace the Transsexual Act (TSG), which many people feel is outdated and discriminatory.
If the new regulation is implemented as planned, it will no longer matter whether the person is transgender, non-binary or intergender when it comes to entering gender and first names. Reports on sexual identity or a medical certificate should not be required as a prerequisite for a change.
Interhumans are people whose physical gender does not fit the medical norm of male or female bodies, but falls somewhere in between. Non-binary refers to people who have neither a male nor a female gender identity. Trans people do not identify with the gender assigned to them at birth.
For minors up to the age of 14, the legal guardians should submit the declaration of change to the registry office. Young people from the age of 14 should be able to submit the declaration themselves, but with the consent of their parents. The key points paper formulated by the two ministries states the following with regard to possible contentious cases for the group of minors from the age of 14: "In order to protect the personal rights of young people, the family court can provide guidance in cases in which the persons having custody do not agree in the best interests of the child - as in other constellations in family law - replace the decision of the parents at the request of the minor."
So far, it has been stipulated that those affected have to submit two psychological reports for a change in the gender or first name entry. In the end, the competent district court decides. The procedure is lengthy and expensive and is criticized as degrading by those affected.
Federal Justice Minister Marco Buschmann and Family Minister Lisa Paus expressly pointed out that their planned law would not contain any provisions on the question of any physical gender reassignment measures. Such measures would continue to be decided on the basis of specialist medical regulations.
The TSG is "pathologizing" because it treats transgenderity like an illness and breathes "the spirit of the 1970s," said Paus. Being able to live independently is "fundamental for all people". The cornerstones also provide for a "ban on disclosure subject to fines," as the Greens politician explained. This is intended to prohibit the publication of information about a person's previous gender identity or previous first name if they do not want it. It is about preventing a "forced coming out".
Buschmann emphasized that transsexuality is "not the statistical normal case, but it is normal". Therefore, the number of those affected is ultimately irrelevant: "Every single person has the right to dignity." The FDP politician said about the TSG from 1980: "The applicable law treats the people concerned like sick people. There is no justification for that."
