German Cabinet approves ‘self-determination law’ for trans, nonbinary people

German Justice Minister Marco Buschmann. Photo via Buschmann’s Facebook.

The German Cabinet on Aug. 23 approved a “self-determination law” that would simplify the process for transgender or nonbinary people to legally change their name and gender in official documents.

The Associated Press notes trans or nonbinary adults would only have to notify a registrar office that they plan to legally change their name and gender in official documents and wait three months before they do so. German law currently requires anyone who wants to change their gender on official documents to obtain testimony from two experts who are “sufficiently familiar with the particular problems of transsexualism” and a court ruling.

The AP reported the new law would allow children who are at least 14 to legally change their name and gender with parental or guardian approval. A teenager could ask a family court to overrule their parent or guardian if they deny their request. The AP notes a parent or guardian of anyone who is under 14 can go to a registry office and seek a legal name and gender change on their behalf.

German lawmakers need to approve the proposal before it takes effect.

“Imagine that you … simply want to live your life and you don’t wish anyone anything bad, and then you’re questioned about what your sexual fantasies are, what underwear you wear and similar things,” Justice Minister Marco Buschmann told a German television, according to the AP. “Those affected have found this questioning very degrading. Now we simply want to make life a bit easier for a small group for which it has great significance.”

The Lesbian and Gay Federation of Germany, a German LGBTQ and intersex rights group known by the acronym LSVD, in a statement urged lawmakers to approve the proposal.

“The Bundestag is now responsible for correcting the discriminatory regulations and exclusions,” said LSVD. “Self-determination must be guaranteed without ifs ands or buts; this must also apply to young people. The Self-Determination Law must guarantee real sexual self-determination — without heteronomy or distrust.”

Queer Commissioner Sven Lehmann in a tweet described the approval as “an important day for fundamental and human rights.” Jenny Wilken of the German Society for Trans Identity and Intersexuality, an advocacy group known by the acronym DGTI, described the proposal as a “first step towards self-determination,” but criticized the three month waiting period and several other provisions.

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