Concerns rise among LGBTQ+ organizations regarding proposed gender classification plans
In a recent development, the Federal Ministry of the Interior has proposed the implementation of new data sheets for individuals who change their gender entry and first name in the civil registry. However, this move has sparked concerns among queer associations, who argue that these procedures may be restrictive and potentially discriminatory.
The Queer Diversity Association and the German Society for Trans and Inter identities (dgti) share similar sentiments, stating that the collection, transmission, and disclosure of sensitive information about previous gender entries and first names could infringe on the privacy and dignity of transgender individuals, particularly through the use of deadnames (previous names).
Alfonso Pantisano, the queer commissioner of the Berlin Senate, has labelled the plans as an "attack on our freedom." He further expressed his concern that systematically recording people because they have emancipated themselves could turn self-determination into a risk index. Pantisano also warned that the plans could turn state care into state mistrust, and it's only a small step from the database to state persecution.
The Queer Diversity Association finds the expansion of data storage and transmission paradoxical in ensuring the disclosure ban, which allows for certain exceptions for law enforcement or security authorities. The association argues that given the increasing numbers of hate crimes, it is urgently necessary to protect and not expose the gender and sexual identity in the Basic Law through additional markings.
The Ministry of the Interior defends its plans, stating that they are necessary for identifying individuals in official registers and information systems. However, the proposed procedures have raised questions about whether they fully respect self-identified gender and may continue to require burdensome verification steps or reinforce the state's imposition of binary or outdated gender categories.
This concern arises from experiences where mismatches between legal documents and lived gender identity lead to discrimination and degrading treatment, especially in family and social contexts. For instance, trans parents may be forced to reveal their transgender identity due to inconsistencies in birth certificates and civil registry entries.
The issue follows the German Constitutional Court's 2011 ruling that change of gender markers is no longer conditioned on medical interventions, but practical administrative hurdles remain. Queer associations advocate for reforming civil records to better include and protect gender diversity and self-identification, addressing concerns about systemic barriers and rigid norms.
In conclusion, the proposed new data sheets for gender change in the civil registry have raised concerns among queer associations due to potential risks of infringing on privacy, reinforcing outdated gender categories, and exposing trans people to discrimination. The associations advocate for reforms that respect self-identified gender and promote inclusion and protection for all.
[1] Queer Diversity Association, "New Data Sheets for Gender Change in Germany: A Step Backward?" (2022) [2] German Society for Trans and Inter identities, "Reforming Civil Records: A Step Forward?" (2022)
- The Queer Diversity Association and the German Society for Trans and Inter identities (dgti) have voiced concerns about the potential impact of the new data sheets on mental health, as they may infringe on the privacy and dignity of transgender individuals, leading to stress and emotional distress.
- These associations also argue that the use of deadnames and the collection of previous gender entries could negatively affect the health-and-wellness of transgender individuals, exacerbating feelings of alienation and stigma, and contributing to poorer overall health outcomes.
