The German government adopted a bill on Wednesday August 23 simplifying the gender change that the LGBTQ community has long demanded, following in the footsteps of other European countries such as, recently, Spain. The text arouses disputes in the conservative and transphobic ranks.
The decision “is a big moment for transgender and intersex people in Germany,” Family Minister Lisa Paus said on X (formerly Twitter). The project on “gender self-determination”, which has yet to be submitted to Parliament, aims to “facilitate the change of gender and first name in civil status for transgender, intersex and non-binary people”, said its services. , in a press release. All you have to do is complete a declaration with the civil registry to change your first name and gender.
It is one of the flagship societal projects of Chancellor Social Democrat Olaf Scholz’s coalition, with the recent controlled legalization of cannabis being put on track. If parliament approves the bill, Germany will be among the countries that have adopted the principle of self-determination along with Belgium, Spain, Ireland, Luxembourg and Denmark.
Parental consent for children under 14
The text should replace previous legislation dating from the 1980s which considered transidentity to be a mental illness. It forces people wishing to change gender to pass two psychological tests and answer very intimate questions about their sexuality. Finally, a judge authorized or refused the change.
The Constitutional Court had already partially challenged it and allowed the abolition in the 2010s of the obligation of sterilization and surgery before a gender change. These obligations were also denounced by the European Court of Human Rights in 2017.
For children under 14, only parents or guardians can initiate proceedings. Those over 14 will be able to initiate the process alone, but with the consent of their parents, failing which a court will have to decide. There is also time for reflection. It is only after three months that the change will be validated in the civil status.
A possible new request to change gender will only be possible after one year, in order to “guarantee the seriousness of the request”, according to the bill. Kalle Hümpfner, an official of the federal association for the defense of the rights of transgender people (BVT) told AFP that the bill was a “historic occasion” for the respect of the rights of the LGBTQ community.
Conservative Opposition
The conservative CDU/CSU opposition believes that candidates for gender reassignment should consult with experts first, and that the process should be reserved for adults. “The very name of the law of self-determination suggests that one should choose one’s sexual identity freely. For the majority of the population, this identity is not in question”, commented officials of these parties in a statement.
Some feminist movements are also against the project: they believe that potentially abusive men can abuse the new rules to gain access to spaces reserved for women.
Alice Schwarzer, 80, a well-known German feminist who has already launched several transphobic campaigns in her magazine Emma, ??expressed concern that the law would encourage young people to change their gender just because it’s “fashionable”, in an interview with Der Spiegel. The president of the German prison staff union, Rene Müller, has also called for clear rules on the incarceration of transgender people.
To prevent transphobia, the bill “provides safeguards in the procedure against false requests for change of marital status – for example, if trans opponents want to defame the right to self-determination”, explains the services of the Ministry of family.
