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German Court Orders Recognition Of ‘Third Gender’ From Birth

Unic Press UK: Germany’s top court, Federal Constitutional Court, ruled that the country’s current civil status law are incompatible with the Basic Law’s requirements to the extent that Section 22(3) of the Civil Status Act (Personenstandsgesetz – PStG) does not provide for a third gender option.

The court further ruled that the civil status law violates the ban on discrimination to the extent that it did not provide for a gender other than “male” or “female”; and ordered the lawmakers to enact a new set of provisions to accommodate a third gender on or before 31 December 2018.

The court’s ruling was the outcome of a case bothering on a violation of the general right of personality, which was filed by a complainant whose request that an initial birth/gender entry “female” be replaced with “inter/diverse” was declined by the registry office, rejected by the lower courts.

In its Press Release No. 95/2017 of 08 November 2017, The Federal Constitutional Court  of Germany said:

“The provisions of civil status law are incompatible with the Basic Law’s requirements to the extent that Section 22(3) of the Civil Status Act (Personenstandsgesetz – PStG) does not provide for a third option… the current civil status law also violates the ban on discrimination (Art. 3(3) GG) to the extent that it rules out the registration of a gender other than “male” or “female”. The legislature has to enact new provisions by 31 December 2018.”

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