Germany’s Federal Cabinet took a step Wednesday to protect self-determination rights for trans*, inter* and non-binary people.
Queer liberation has always been about the right to self-determination, among other things, and this week, Germany’s Federal Cabinet took another step toward protecting that right for trans*, inter* and non-binary (TIN) people.
The Selbstbestimmungsgesetz, or the Self-Determination Act, passed through the Cabinet on Wednesday and if passed by the Parliament, would update the gender recognition law in Germany. Under the proposed act, TIN folks would be able to change their first name and legal sex or gender marker using only a process of registration (plus a three-month waiting period and another year during which they cannot change it again).
The current law, the Transsexuellengesetz (TSG), dates to 1980 and though many of the original requirements have been removed via legal challenges, TIN people must still follow a lengthy and expensive process to change their official gender or sex marker. The law requires two “expert” opinions –– in which the actual TIN person is not included –– usually from medical professionals, which is costly (on average 1,800 euros, according to Human Rights Watch), time-consuming, and furthers the risk of harm in medical spaces.
Though the proposed law is not perfect (and bakes in sex essentialism by reiterating a legal provision that already exists, the right of private organizations like saunas or athletics centers to create their own rules), it does mark a step toward self-determination for TIN folks in Germany. We’ll see how the act progresses in the coming months, as it must still pass through the Parliament before taking effect.
As a reminder, you can read more on the history of legal gender recognition in Germany with Centering Trans Voices in the Law: Tracing Gender Recognition Laws in the U.S. and Germany and Legal Gender Recognition and Self-Determination, two previous pieces on Cumulative Realities.
Further reading:
Centering Trans Voices in the Law: Tracing Gender Recognition Laws in the U.S. and Germany
Legal Gender Recognition and Self-Determination
BMFSFJ: Gesetz über die Selbstbestimmung in Bezug auf den Geschlechtseintrag (SBGG)
German Cabinet approves law easing gender, name changes
German government approves law to make legal gender change easier for trans, intersex, non-binary
German coalition united on gender self-determination but CDU opposed
Originally published on Cumulative Realities on August 25, 2023.
Abby Jeffers 