Amid strong criticism and heated debates in the German Parliament, German deputies finally gave the green light this Friday to the new Gender Self-Determination Law, which facilitates the change of gender and name in the civil registry.
In the future, a declaration in the local registry will suffice to change the registration. Until now, this requires two psychiatric reports that include intimate questions and a long judicial procedure, something that had been harshly criticized by those affected when they described these demands as “very stressful, degrading and costly.”
Germany thus joins the trail of countries like Spain in which gender can now be modified in official documents without complying with the medical requirements on sex reassignment surgery that most States usually request.
“We show respect for trans, intersex and non-binary people, without taking anything away from others. This is how we continue to promote the modernization of our country. This includes recognizing the realities of life and making them legally possible. #Self-Determination Law”, wrote the German chancellor, Olaf Scholz, on the social network on a law that was part of the package of measures agreed in the government coalition agreement between social democrats, greens and liberals.
Wir bringen trans-, intergeschlechtlichen und nicht binären Menschen Respekt entgegen – ohne anderen etwas zu nehmen. So treiben wir die Modernisierung unseres Landes weiter voran. Dazu gehört, Lebensrealitäten anzuerkennen and gesetzlich zu ermöglichen. #Selbstbestimmungsgesetz
— Bundeskanzler Olaf Scholz (@Bundeskanzler) April 12, 2024
The new law, which had a total of 374 votes in favor, 251 against and 11 abstentions in the Bundestag (lower house of the German Parliament), will come into force on November 1, but starting in August it will be possible to request the change in the registry, since it lasts three months until it is effective.
For the German Family Minister, Lisa Paus, with this new law – which replaces the controversial Transsexuality Law of 1980 – it was about putting an end to a situation that in her opinion was not sustainable and that was “really discriminatory for these people.” and that it placed additional unreasonable obstacles on them.”
Minors under 14 years of age cannot make the declaration in the civil registry on their own. The legal representative must do it, but always accompanied by the minor. If the person is between 14 and 18 years old, they can make the declaration in the civil registry themselves, but they need the consent of their legal representative for its validity.
In case of conflicts, the family court can make the decision. The criterion must be the best interests of the minor. The young person, or the parents, in the case of children under 14 years of age, must also declare that they have received prior advice. This counseling can be provided by a psychologist or by child and youth welfare services. In addition, to protect people's privacy, it is also prohibited – similar to the current law – to consult previous gender registrations or given names. Regarding the criticism that the age limit of 14 years is too low, the Minister of Family recalled that “at 14 years old, for example, you can also decide what religion you want to belong to,” so this answers “simply to the logic of German legislation.”
For many it is a historic day. “The humiliation has now come to an end,” explained the German Government's Queer Affairs Commissioner, Sven Lehmann, in the Bundestag. Meanwhile, Greens MP Nyke Slawik, who herself had to change her entry gender with the previous regulations, thanked everyone who had made the new law possible. “As a trans person, we experience time and time again that our dignity becomes a matter of negotiation,” she explained about a process that cost her two years and almost 2,000 euros. “This has come to an end,” she added about a change that has also been supported by the German Conference of Psychotherapists for some time.
The approved law stipulates that the sex registration can be changed again after one year. It does not affect medical interventions for gender reassignment. Separate regulations and guidelines apply for this.
Although parts of the old law had been declared unconstitutional by the German Constitutional Court on repeated occasions, especially due to the humiliating procedures for those affected, the new law was opposed by conservatives, from the far-right Alternative for Germany ( AfD) and the Sahra Wagenknecht Alliance. However, the majority made up of social democrats, liberals and greens made it pass through the Bundestag without problems.
Conservative politician Mareike Lotte Wulf criticized the fact that the law does nothing to prevent “possible abuses,” since “first names and gender entries can be changed without preconditions.” Furthermore, she pointed out that with the new law the State neglects its “protective function towards children and young people.” Meanwhile, AfD deputy Martin Reichardt mocked saying that “suddenly, everyone can be anything” and called it an “absurd law”, “of trans extremists”.
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