transgender law
Something has to change!
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The outdated transsexual law is a hurdle for many of those affected. With the traffic light government, this is now to be abolished and replaced with a self-determination law.
If people want to change their “legal gender” in Germany, it’s a complicated process. The main problem is the necessary reports, which trans people perceive as discriminatory and degrading. For example, questions are asked about sexual orientation, family relationships and sexual behavior. “It has happened that people have been asked how often you masturbate or whether you have a partner,” says Anne-Mette Gerdsen, a counselor for trans and intersex people in Schleswig-Holstein. “It would be much better if there were no expert opinion at all. Because what does my sexual behavior have to do with whether I’m a man or a woman?”
Expensive odyssey with hurdles
The transsexual law in Germany is one thing above all: quite outdated. It has existed for over 40 years. “Although unconstitutional paragraphs have already been deleted, such as that one had to make oneself sexually incapacitated beforehand and also the obligation to get a divorce, the expert opinions and a judicial decision are retained,” explains Anne-Mette Gerdsen. In short: What your name is on the paper and what gender is noted is determined by others. In addition, the procedure is quite expensive – it usually costs more than 1000 euros. This can also be costly for the state; because there is the possibility of applying for legal aid if certain income limits are not exceeded. The very few reports are negative. In the end they wouldn’t have been necessary.
The chance to finally arrive
For those affected, changing their gender entry and name is an important milestone. “Many say that they have only really arrived when everything is right now. It is comparable to other big things in life such as partnerships or having a child,” explains Anne-Mette Gerdsen.
Change of name and civil status: objection from some quarters
Why do you have to make it so complicated and bureaucratic? A reform is urgently needed. But some opponents are opposed. Including politicians and Christian parties – but also women’s groups. “They fear that people will want to change their gender in order to break into women’s shelters. One is also afraid that ‘born men’ want to use women’s advancements,” explains Anne-Mette Gerdsen. She couldn’t understand this fear.
For comparison: “In Denmark, those affected go to the office and are noted. After six months they have to come back to confirm that they still want the change and that’s it,” explains Anne-Mette Gerdsen. You are not aware of any case in which the low bureaucratic hurdles in Denmark have been misused for other purposes. She would like the process to finally be made easier for trans people in Germany too.
Self-determination law: a ray of hope for many
Attempts have already been made in the past to minimize the hurdle for changing names and civil status. Before the new legislative period, the Greens and the FDP submitted an application that is intended to make the process considerably easier for trans people by going to the registry office and making a verbal declaration of intent. But the applications were rejected at the time. The CDU/CSU were against it, the SPD wanted a different solution. The AFD spoke of “gender policy madness”.
With the new traffic light government, however, new hope is burgeoning. The transsexual law is to be abolished during the term of office of the SPD, FDP and the Greens and replaced with a self-determination law. It is still unknown when the new law will come into effect, but the federal government’s queer commissioner, Sven Lehmann, announced to the ARD capital studio that the cornerstones of the law should be in place before the parliamentary summer break. But what distinguishes the Self-Determination Act from the Transsexual Act?
Self-determination law vs. transsexual law
The exact scope of the self-determination law is not yet known, but trans people should no longer have to face degrading questions in the future. The procedure for official changes in civil status is to be simplified and psychiatric reports are no longer necessary (this does not apply to gender reassignment operations). In the future, it should be possible to change the name or gender in civil status at the registry office.
The age limit for the Self-Determination Act does not yet seem to be entirely clear. The current idea that young people from the age of 14 can have their name and gender officially changed without the consent of their parents has been heavily criticized, including by the Gender Counts initiative.
Source used: Interview, lsvd.de, tagesschau.de
Anne-Mette Gerdsen is in the clubs “Intersex People eV” and “German Society for Trans Identity and Intersexuality eV” employed . Those affected can find support and offers for advice here.