This Wednesday, the German government passed a bill simplifying gender reassignment, a measure long requested by the LGBTQ+ community (acronym for lesbian, “gay,” bisexual, transgender, “queer” and others), following recent moves from other European countries.
However, the text, an emblematic project of the government led by Olaf Scholz and composed of Social Democrats, Greens and Liberals, has attracted controversy, especially among conservative ranks, who consider the text too liberal.
Family Minister Lisa Paus called “a great moment for ‘trans’ and intersex people in Germany”.
The ‘gender self-determination’ project, which has yet to be submitted to parliament, aims to facilitate gender and first name change in marital status for transgender, intersex and non-binary people.
It is enough to fill out a declaration with the marital status to change the name and gender.
Germany will thereby join the group of countries that have adopted the principle of self-determination, such as Belgium, Spain, Ireland, Luxembourg and even Denmark.
The new law will replace 1981 legislation that de facto considers transidentity a mental illness and requires people who want to change their sex to pass two psychological tests and, above all, to answer very intimate questions about their sexuality. Ultimately, a judge decides whether or not to allow the change.
The Constitutional Court had already partially reassessed the current law in 2010 and authorized the abolition of the obligation to undergo sterilization and surgery before gender reassignment.
The new text also clarifies the case of minors: for minors under the age of 14, only parents or guardians can initiate the process.
Those over the age of 14 can start the procedure alone, but with the consent of their parents, under penalty of a court decision.
There is also time for reflection, because the change in marital status will only be validated after three months.
A possible request for gender reassignment is only possible after one year.
The Conservative opposition believes the government is going too far, arguing that anyone wishing to change gender should consult specialists first, and that the process should be reserved for adults.
The law “does not do justice to the importance of gender in our legal system,” said Günter Krings, legal affairs spokesman for the parliamentary group of the conservative opposition party CDU.
Alice Schwartzer, 80, a well-known German feminist who has launched several anti-transgender campaigns in her magazine Emma, stressed in an interview with Der Spiegel that she fears the law encourages young people to change gender just because it is “fashionable”.
More broadly, feminist movements point to the risk of potentially abusive men misusing the new rules to gain access to areas reserved for women, such as saunas, bathhouses or “women’s houses,” where victims seek refuge from domestic violence.
Minister of Justice Marco Buschmann has indicated in this context that the establishments concerned would continue to set their access rules.
Minister Lisa Paus guaranteed that self-determination “already exists in other countries (…) without the slightest hint of abuse”.
Source: DN
