BERLIN (AP) 鈥� German lawmakers on Friday approved legislation that will make it easier for transgender, intersex and nonbinary people to change their name and gender in official records.
The one of several social reforms that Chancellor Olaf Scholz鈥檚 liberal-leaning coalition government pledged when it took office in late 2021, is set to take effect on Nov. 1.
Germany, the European Union鈥檚 most populous nation, follows several other countries in making the change. Parliament鈥檚 lower house, the Bundestag, approved it by 374 votes to 251 with 11 abstentions.
The German legislation will allow adults to change their first name and legal gender at registry offices without further formalities. They will have to notify the office three months before making the change.
The existing 鈥渢ranssexual law,鈥� which dates back four decades, requires individuals who want to change gender on official documents to first obtain assessments from two experts 鈥渟ufficiently familiar with the particular problems of transsexualism鈥� and then a court decision.
Since that law was drawn up, Germany鈥檚 top court has struck down other provisions that required transgender people to get divorced and sterilized, and to undergo gender-transition surgery.
鈥淔or over 40 years, the 鈥榯ranssexual law鈥� has caused a lot of suffering ... and only because people want to be recognized as they are,鈥� Sven Lehmann, the government鈥檚 commissioner for queer issues, told lawmakers. 鈥淎nd today we are finally putting an end to this.鈥�
The new legislation focuses on individuals鈥� legal identities. It does not involve any revisions to Germany鈥檚 rules for gender-transition surgery.
The new rules will allow minors 14 years and older to change their name and legal gender with approval from their parents or guardians; if they don鈥檛 agree, teenagers could ask a family court to overrule them.
In the case of children younger than 14, parents or guardians would have to make registry office applications on their behalf.
After a formal change of name and gender takes effect, no further changes would be allowed for a year. The new legislation provides for operators of, for example, gyms and changing rooms for women to continue to decide who has access.
Nyke Slawik, a transgender woman elected to parliament in 2021 for the Greens, one of the governing parties, recounted her experience of going through the current system a decade ago. She said she had had enough of being asked 鈥渋s that your brother鈥檚 ID?鈥� when she had to identify herself.
鈥淭wo years, many conversations with experts and one district court process later, it was done 鈥� the name change went through, and I was nearly 2,000 euros ($2,150) poorer,鈥� she told lawmakers. 鈥淎s trans people, we repeatedly experience our dignity being made a matter for negotiation.鈥�
The mainstream conservative opposition faulted the legislation for what it described as a lack of safeguards against abuse and a lack of protection for young people. Conservative lawmaker Susanne Hierl complained that the government is 鈥渋gnoring the justified concerns of many women and girls.鈥�
鈥淵ou want to satisfy a loud but very small group and, in doing so, are dividing society,鈥� Hierl said.
Martin Reichardt of the far-right Alternative for Germany blasted what he called 鈥渋deological nonsense.鈥�
Justice Minister Marco Buschmann said in a statement that 鈥渢here are numerous precautions against possibilities of abuse, however improbable they may be.鈥� He insisted that the new law takes into account the interests of the whole of society and said 鈥渕uch less will change with this law than some say.鈥�
Among others, Denmark, Norway, Finland and already have similar legislation.
In the U.K., the Scottish parliament in 2022 that would allow people aged 16 or older to change the gender designation on identity documents by self-declaration. That was vetoed by the British government, a decision that Scotland鈥檚 highest civil court .
In other socially liberal reforms, Scholz鈥檚 government has of limited amounts of cannabis; eased the rules on and ended restrictions on holding dual citizenship; and on doctors 鈥渁dvertising鈥� abortion services. Same-sex marriage was already legalized in 2017.
Geir Moulson, The Associated Press
