Transphobia and fear of the self-determination law are increasing
Transsexual is an outdated term and is being replaced by transgender or simply trans* - the asterisk leaves room for different identities and endings (e.g. transidentity, transsexuality, transgender ...). You can find out more in our article on.
A historic day for trans* people in Germany: Since November 1, 2024, trans* people in Germany have been able to decide more easily and independently about their gender entry.
Because on April 12, 2024, the Bundestag reached an agreement and a majority voted for the new self-determination law.
Some cheer, others are suddenly filled with fear: “It shouldGendernow be abolished?” it saysbrochurefrom the year 2022, in which theSelf-determination lawpresented by the Federal Trans* Association. This question is particularly common in connection with the new law. Above allappear fearful on social media: CouldDo they gain advantages by exploiting the women's quota, for example? And will women now have to expect more sexual violence?
I say: no. As a woman you can also rely on thisSelf-determination lawbe happy. Here you will find a summary of the most important information, facts and arguments for the Self-Determination Act.
In order to make the article as correct and information-rich as possible, I got support from two experts:Kalle Hümpfneris a specialist for socio-political work at the Federal Association of Trans* andPatricia Schüttlerthe deputy chairwoman of Trans-Ident eV and assistant in the transgender center at the Lubos Kliniken in Munich.
Background to the topicTransphobiayou can find it here:
What is the Self-Determination Act and what does it change for trans* people?
The new oneSelf-determination lawshould allow everyone in Germany to change their first name and gender with a personal declaration at the registry office. In this the trans* person describes that theirDoesn't match your ID card - it doesn't matter whether you're trans*oracts. There will then no longer be a court decision on the application, nor will there be any need to obtain two expert reports. Young trans* people aged 14 and over can also do so with the consent of thechange their gender.
What is important here, however, is that it also emphasizes thisFederal Government:Gender reassignment medical measuresare in the lawnot regulated.
Self-determinationis particularly important if the gender entry is changed. Kalle Hümpfner explains that many trans* people feel particularly vulnerable in the period beforehand: The transition, i.e. the presentation of one's actual gender to the outside world, can be a big change in the professionor trigger it among friends. In order to avoid systematic discrimination against trans* people, changing the gender entry should now be quicker and easier.
The self-determination law was a long time coming
The draft for the self-determination law was postponed several times. The decision was already planned for summer 2022, but the government did not agree on the key points. Then the key points would be there, but we waited in vain for a draft law. In March 2023 it was said by theFederal GovernmentA draft should be available “before Easter” – but apparently there was still an argument about women’s shelters.
Especially the Federal Minister of JusticeMarco Buschmann(FDP) has concerns - he fears that trans* women with male sexual organs would “invade” women's spaces. Opposite the weekly newspaperThe timeHe explained: “The operator of a women's sauna should be able to say in the future: I want to take into account the protection of my customers' privacy and therefore base my attention on a person's external appearance.” He emphasized that this had to be “regulated properly” and that this was demanding.
The implementation of the law was also delayed in 2023: If the cabinet has agreed on a resolution, the Bundestag must pass the law - and further discussions have arisen. The queer commissioner of the BundestagSven Lehmannstill maintained that the Self-Determination Act should come into force in 2023. After the Bundestag's summer break, the Federal Cabinet passed the draft law on August 23, 2023 and then, finally, in April 2024, a majority voted for the law, which came into force on November 1, 2024. A historic day in Germany.
That's why we need the self-determination law
In Germany there had been the so-called “Transsexual law” (TSG). Short correction: Transsexuality is an outdated word because being trans has nothing to do with oneselfhas to do. 40 years ago no one was interested in this, which is why the “Transsexual Law” was introduced in 1981 to change the gender entry. Parts of the law were repeatedly classified as unconstitutional by the Federal Constitutional Court. In 2017, on behalf of the Federal Ministry for Family AffairsAppraisedrawn up, which states that the law is in great need of reform.
The process that trans* people have to go through to change their gender is inhumane. Activist and consultant for trans rights also sees this,so. It counts in onewithZDFneojust a few bullet points that show how humiliating the process is: “The law has required trans* people to get divorced in the past. That was overturned by the Federal Constitutional Court in 2008. They also had to undergo surgery to render them unable to reproduce, which was the case until 2011.”
The “transsexual law” was valid until 2024
Many parts of the “Transsexual Law” still applied until 2024 (more precisely: until November 1st). Trans* people had to present themselves at the district court, whereupon two psychotherapists were assigned to them as experts. The therapists had to answer questions that were deeply humiliating. OnRedditA user shared some questions that he/she had to answer in order to have his/her correct gender recognized.
Examples include: “Would you be sexually aroused if you imagined having sex with an animal?” or “Why isn’t your case a transvestite fetishism?”
That is, twostrangersdecided whether a person could be a woman or a man on paper or not - depending on how convincingly they answered these intimate questions. There is no question of self-determination. That is why the Self-Determination Act requires this. However, many women seem to be afraid of this.
The self-determination law (especially for women) has to contend with this criticism
Trigger warning: Attention, the following part addresses (sexual) violence against women.
With the help ofKalle HümpfnerandPatricia SchüttlerI have looked at four common arguments against the Self-Determination Act - and refuted them - so that you can do the same to your concerned acquaintances, relatives and friends.
Statement: “There are only two genders”
The argument:
This argument posits the theory ofBiologismusabsolutely. Basically, it's about reducing the complexity of biological gender to male and female. This is a theory that is also shared by some scientists (and some parts of the Internet). She isoneTheory of different scientific approaches - because as in all other scientific disciplines, there is a range of opinions, theories and discussions.
The context:
Biologism is a widespread theory, but it received particular attention again thanks to Marie-Luise Vollbrecht (co-author of a transphobic article in theWeltin June 2022) and her university lecture “Gender is not (gen)sex: Sex, gender and why there are two genders in biology”. Its core message is that there are two biologically separable genders. Biological sex can be determined through the gametes, which are gonads.
The truth:
Patricia Schüttler says: “Actually, the question of two genders no longer needs to be asked, because yesis also legally recognized.” She admits that a two-sex system is needed for reproduction, but gender does not only refer to the chromosomal and physically visible, but also arises through interaction within our society (social gender).
Kalle Hümpfner also explains that “there have been various scientific theories that include more than two genders for more than a hundred years.”
However, the biologism of(Trans-Exclusionary Radical Feminism), right-wing extremists, and other radical groups are instrumentalized to spread hate. The gonad argument is used to deny trans* people their identity. Insisting on a strict gender classification divorced from a biological fact can be used as a weapon against trans* people. For example, AfD members of the Bundestag use this weaponNicola Höchston July 5, 2022 on trans* people by portraying them in a statement as “weird” and with the intention of specifically “dismantling” “science and normality”.
Statement: “Trans* women will take up safe women’s spaces”
The argument:
If people can “easily” adjust their gender, women (for example in locker rooms) may also become more vulnerable to assault by criminals. The idea: A man goes to the office and changes his gender in order to inflict sexual violence on strange women in the locker rooms “dressed as a woman.”
The sad truth:
If a man wants to inflict sexual violence on a woman, he will do so. And without first changing the gender of the office. There is no security service in front of women's changing rooms or showers to check the gender entry. In fact, about jevery third dayA woman in Germany was killed by a man who was in herpersonalenvironment is located. 90 percent of women who survive rapeknowthe perpetrators. Can be read in the statistics ofFederal Criminal Police Office(The 2021 reporting year was published at the end of 2022).
The facts:
The facts support this statement. OneUniversity of California studyfrom 2018 on sexual violence in girls' showers proves that the fearnotIt is true that trans* people increase the security risk in public facilities. No perpetrator defines himself as a woman beforehand, but enters the shower room without changing his gender.Queer representative Sven Lehmannsays that in other countries that have had the self-determination law for a long time (Switzerland, Argentina), one cannot see a trend towards more sexual violence.
Statement: “Being trans is a trend”
The argument:
Because the existence of trans* people is talked about more and more openly, more people would decide to be trans*. The media would indoctrinate children with “gender ideology” and confuse them.
The context:
In recent years, the representation of trans* people and queer people in general has increased enormously. WithHoworand strong role models likeYoung trans* people feel ready to face the public at an increasingly early age. “The coming out of trans* people is happening earlier and more frequently than 50 years ago – that’s clear,” says Kalle Hümpfner.
The truth:
Representation and education helps! “Children and young people today have the opportunity to talk about transsexuality,” explains Hümpfner. “Nevertheless, there is still a long period of time between coming out and speaking openly about one's own gender identity - in a study, the German Youth Institute assumes three and a half to almost seven years. This is a very stressful time for trans* people.” Patricia Schüttler agrees: “It seems to me that the social environment is more open and enlightened, so that trans* people can feel safer coming out early than was the case before.”
Scientifically, there is no evidence that too much information will turn a child queer.It's even been proven by a 2015 studythat knowledge is one of the best tools to combat transphobia. People who know more about trans* identities are less likely to have transphobic attitudes.
Statement: “Men can gain advantages by changing their gender entry”
The argument:
Cis men (i.e. men who have the same gender as they were assigned at birth) would decide to be a woman for a period of time x in order, for example, to make use of the women's or equality quota. The Self-Determination Act would make it easier for them to identify as women in the short term.
The context:
ImJuly 2021 was led by Green Party member David Allisoncarried out a protest against the Self-Determination Act and supposedly ran as a woman in the district association's board elections - in order to get one of the places intended for women. He was allowed to run, did not win the candidacy and then lost his job as a research assistant.
The truth:
Kalle Hümpfner can only say dryly: “This is an unrealistic idea and shows that people have not dealt with the realities of trans* women’s lives in everyday working life.” After coming out, trans* people are more likely to be exposed to discrimination and disadvantages instead of receiving advantages. Trans* women in particular (especially trans* women of color) are disproportionately affected by violence and also sufferdiscrimination in the workplaceand exclusion. Another relevant point that is often forgotten: Of course, as a woman you don't automatically get a job. You always have to assert yourself against competitors.
Patricia Schüttler also adds: “In our patriarchal world, I feel that being read as a woman leads to many more disadvantages. What do I get out of it if I occupy a female position but suffer the disadvantages e.g. B. fromor be treated with less respect in a male-dominated world?”
Legitimate criticism of the Self-Determination Act
Hide discrimination in the self-determination law
Patricia Schütter is a supporter of the Self-Determination Act, but she also sees problems: “I believe that there is hidden discrimination in the key points.” In thecorner pointsThe Self-Determination Act states: “Access rights to women’s shelters continue to be based on the statutory purpose of the associations organized under private law. Decisions on the question of participation e.g. B. of transgender athletes affects the autonomously organized onein their own jurisdiction”.
This means that every institution in which there are so-called “safe rooms” (e.g. the women's sauna) can decide for themselves who they grant access to - Patricia Schüttler fears that this is currently handled rather vaguely. She sees this as a free pass for legitimate discrimination. She believes that the fear that trans* women would take up vulnerable spaces is being portrayed as such a great danger that women's shelters would question their visitors more often than before.
Blocking period for changing gender entry
Patricia Schüttler is also critical of the fact that the blocking period for repeatedly changing the gender entry should only be one year. From people who are against that anywaySelf-determination laware, this seemingly short blocking period would already be exploited as a counter-argument. A frequent change of gender entry is unlikely anyway - this escapes statistics from other countries that already have the law, explains Patricia Schüttler.
To reassure doubters, Patricia Schüttler suggests a blocking period of three to even five years. In her opinion, this would not mean any disadvantage, “since only those who really need it would actually change their gender entry.” But if someone actually came up with the idea of changing their entry just for fun, that person would have to live with the associated social problems and discrimination - for more than a year.
That's why as a woman you don't have to be afraid of the self-determination law
Factually and statistically speaking it is unfoundedSelf-determination lawto be afraid. Nothing changes at all for cis women and cis men. The only thing that changes: Trans* people can now change their gender in a humane and moral way. In principle, it can be assumed that the quality of life of trans* people will improve enormously.
Women have to stick together - this is the only way things can change for everyone. The problems and difficulties that various women particularly struggle with (for example they are trans*, of color, have a disability, etc.) should be specifically addressed and improved. We can only do this together.
