An important “personal determination legislation” was passed on April 12 in Germany’s parliament, making it easier for transgender and non-binary citizens 14 and older to legally change their first name and gender.
Prior to now, those wanting their gender to be recognized officially had to deal with a 40-year-old “trans law” in Germany, which required transgender people to obtain assessments from health experts “sufficiently knowledgeable with the particular problems of transsexualism.”
Justice minister for the Free Democratic Party, Marco Buschmann, previously told German outlet ZDF television on Wednesday (23 August) that he believed that outdated system to be “very degrading”.
“Imagine that you… simply want to live your life and you don’t wish anyone anything bad, and then you are questioned about what your sexual fantasies are, what underwear you wear, and other similar things,” he said.
“Then all we want to do is make life a little easier for a small party, for which it is very important,” we simply say.
The monument legislation, dubbed the Self-Determination Act, recently spent a year in lawful limbo, but has now suddenly become law, with 374 MPs voting in favor, 251 against and 11 waiting, and may come into force in November. Approval by the Bundesrat, the lower house of parliament, is not required.
This means that people who are 14 and older can now update their first names and female information simply by declaring it to the registration business.
However, the rules have requirements for adolescents aged 14 and below, requiring them to have the acceptance of their parents or guardians. If their kids don’t review, under-18s you ask a family court to reject them.
Under-14s do need parents or guardians’ express permission, who would have to file the programs on their behalf.
Cristian González Cabrera, a top LGBTQ+ right researcher at Human Rights Watch, said in a declaration: “As populist politicians in Europe and beyond try to use transgender rights as a social wedge issue, Germany’s fresh law sends a powerful message that transgender people exist and deserve recognition and protection, without bias”.
Scotland’s gender law reform bill
Similar legislation in the UK has been mired in political wrangling, U-turns, backtracking, and significant legal action between the Scottish and UK governments.
Scotland’s similar self-ID legislation, the Gender Recognition Reform (Scotland) Bill, was passed in December 2022 by 86 votes to 39, following years of consultation by the Scottish government.
The proposed changes to the Gender Recognition Act of 2004 would make it simpler for transgender people to obtain a Gender Recognition Certificate (GRC), and they would also make the process accessible for 16 and 17-year-olds for the first time.
The law would replace the highly medicalized procedure trans people go through by eliminating the need for gender dysphoria diagnosis and establishing a system of self-identification like in Germany.
However, Westminster accidentally blocked the Scottish gender reform bill by using a so-called Section 35 order, infuriating opponents of Scottish independence as well as transgender rights, which led to a high-profile court fight that the UK government won.
