Replacement for transsexual law: self-determination should become law

Everyone should be able to define their gender themselves and have their ID changed without degrading hurdles – this is what the planned self-determination law provides for. When is it coming, what’s in dispute?

It’s degrading. This sentence often comes up in a conversation with Tessa Ganserer. It is about the official civil status change. An administrative act at a district court that allows trans people to change their name and gender. To do this, they have to obtain two psychiatric reports and answer very intimate questions, for example about their masturbation behavior. The reports cost more than 1000 euros and the process takes months.

Tessa Ganserer doesn’t want to do that to herself. She has lived as a woman for years, but her ID card still says her birth name and “Sex: male”. This also means that she has to explain herself again and again in everyday life, for example when checking the vaccination status, when traveling or traffic checks. Tessa Ganserer has been a member of the Bundestag for the Greens since September and is fighting for the 40-year-old transsexual law to be replaced by a self-determination law. The MP from Bavaria is one of the first two trans MPs in Parliament.

Cornerstones of the law before the summer break?

Now it could be so far in the next few months. The federal government’s queer commissioner, Sven Lehmann, resigned ARD Capital Studio announced that the cornerstones of the self-determination law should be in place before the parliamentary summer break. For a long time there had been a struggle for leadership, now the Federal Ministry for Family Affairs and the Ministry of Justice are to tackle the law together. The Ministry of Family Affairs is the responsibility of the Greens, the Department of Justice in the hands of the FDP. Both parties had already presented draft legislation in the previous legislative period. At that time, without government participation, but with little chance of success.

No psychiatric reports

It is already clear that the procedure for the official change of civil status is to be simplified. The psychiatric reports should no longer be necessary. Everyone can then answer the question of marital status in identity documents in a self-determined manner. According to Lehmann, no one can provide better information about their gender identity than every person themselves.

For young people from 14?

However, some other key points are still controversial. For example, whether young people from the age of 14 can have their name and gender officially changed without the consent of their parents. A question that also concerns the “Gender Counts” initiative. She mobilizes against the Self-Determination Act, especially on the Internet. She fears that “the Self-Determination Act will draw children and young people into the booming market for gender reassignment treatments.”

Queer officer Lehmann disagrees. It’s not about operations for young people, but rather that young people should also have the opportunity to change their legal status.

Who is behind “Gender Matters”?

It is not clear who exactly is behind the “Gender Matters” initiative. “Women’s movement feminists,” says the website. On request from tagesschau.de It says: “There are numerous people behind the ‘Gender Counts’ initiative. Names and numbers are not relevant, as this is not about people joining an association, but an initiative that people join because of their goals.”

The reason for the foundation was the announcement of a self-determination law in the coalition agreement of the traffic light, it said in writing at the request of the ARD Capital Studios. You don’t want to speak in person.

Attacks on Ganserer

Tessa Ganserer is also viewed critically by the initiative. The initiators of “Gender Counts” are bothered by the fact that Ganserer entered the Bundestag via the Greens state list on a women’s quota. On the ballot paper for the Bundestag election, Ganserer was given the male first name, as this is also on their identity documents.

Instead of a woman, a person is now sitting in this seat who is legally a man, criticized the feminist magazine “Emma” in an article, referring to “gender counts”. The initiative lodged a complaint with the election examination committee of the Bundestag. Whether the objection is justified is currently being examined.

Solidarity – on Twitter and in the Bundestag

There was support for Ganserer on Twitter under the hashtag “Solidarity with Tessa”. Also in the Bundestag, when she was verbally attacked by AfD politician Beatrix von Storch during a recent debate on Women’s Day. There was talk of “intolerable insults” and an “inhuman speech” across party lines. “Tessa Ganserer is one of us,” said Green Party leader Britta Haßelmann. There one sees no reason to change the party statutes. It remains the case that all who define themselves in this way are recorded as women.