German government OKs simplifying gender change

The German government approved a proposal, which, if adopted, would make name and gender change easier by removing the 1980s requirement of two psychological assessments.

In 2021, the Federal Constitutional Court found the 1981 law requiring two separate psychological assessments and a court appointment to get one’s gender and first name changed in the civil registry unconstitutional and ordered its re-work.

“The current law harasses transgender people. We want to end this undignified state of affairs – and create contemporary rules for changing one’s gender, as other countries have had for a long time,” said Justice Minister Marco Buschmann, adding that, in the past, “The state has treated them [LGBTQI+ persons] like sick people.”

Under the current law, those wanting to change their gender must seek expert opinions or a medical certificate on sexual identity before a court can rule in favour of the transition.

A Family Ministry report revealed that this process takes five to 20 months and costs about €1,900 on average – a process many have called degrading and expensive.

“The fact that in the future self-disclosure alone should suffice for a change of gender entry is long overdue and indispensable,” Kalle Hümpfner from the federal association Trans* (BVT) stated.

“The transsexual law has caused a great deal of suffering for those affected over the past 40 years. It is time that something changes,” Hakan Demir added in the SPD parliamentary group’s Committee on Internal Affairs.

Conversely, the opposition is critical of the simplified process, stating that it would undermine traditional values.

“The envisaged unconditional and annual possibility of change without an obligation to consult and on mere acclamation at the registry office does not do justice to the importance of gender in our legal system,” Günter Krings, a legal policy spokesman of the CDU/CSU parliamentary group in the German Bundestag, said in a statement.

“With the law, the entry of a gender in state registers will largely lose its meaning and purpose,” he added.

Germany is not the first country to adopt a more progressive approach towards LGBTQI+ people, as similar practices are already in place throughout Europe. Malta, Denmark, Luxembourg, Belgium, Ireland, Portugal and recently, Spain and Finland have adopted similar regulations.

However, in the UK, such legislation is deemed controversial and has been blocked by the UK government. Earlier this year, Westminster blocked a gender self-identification law in Scotland, stating it would have an adverse effect on existing equality laws. Meanwhile, the Labour Government, currently in opposition, said they would introduce gender self-recognition, if they came into power.

Under the maybe soon-to-be-approved law, individuals can change their name and gender with a simple appointment at the civil registry office. A lock-up period of one year after the previous declaration of change applies before one can request a new change.

For children under 14, the legal guardians can request the change, while minors above 14 need their parents’ consent but can go through the process independently. If no consent is given, a family court can decide on the matter while considering the children’s well-being.

With this decision, “we are creating a situation that is common in 15 other countries,” Federal Minister for Family Affairs Lisa Paus explained.

To protect against a forced outing, the self-determination law also bans third-party disclosures of past genders without the consent of the person concerned. If such a forced outing intentionally harms the person concerned, a fine of up to €10,000 can be enforced.

(Kjeld Neubert | EURACTIV.de)