What is a woman? The answer that Justice Minister Buschmann (FDP, Liberal Democratic Party) and Women's Affairs Minister Lisa Paus (Greens, pictured) give to this question is: a woman is one who claims to be a woman. This is the focus of the 'self-determination in gender registration bill' which both ministries have now submitted.
With a simple declaration to the registry office, in the future everyone will be able to change their sex: male to female and vice versa; two other possibilities are 'different' or 'no gender registration'. Prerequisites: none.
"The person must affirm by his or her statement that the chosen gender voice or the deletion of the gender voice best corresponds to his or her gender identity," states § 2. After a period of three months, the new 'gender entry' takes effect and all documents can be changed. After one year, the change can be cancelled. After another year again changed... and so on.
In this way, the government wants to de facto legally abolish the category of 'sex', which is a biological and social reality. An attempt that will predictably end up before the Federal Constitutional Court, who in his rulings on transsexuality had repeatedly demanded the 'seriousness' and 'permanence' of a sex change. Moreover, jurists are already wondering how the equality between women and men postulated by the Constitution can be implemented if every man can declare himself a woman.
The assertion of a 'gender' that can be freely chosen at any time has already dramatic consequences for young people, to whom not only trans activists, but also the state itself now explains how easy it is to change one's gender. Already today, Eight out of ten young people who come to gender clinics with a 'desire for transition' are girls. It is obvious that they are at high risk of 'identifying' with the opposite sex due to the impositions of the female role. It is also obvious that gender change is quickly followed by modifications for the'wrong' body adaptation. Although the bill states: 'Medical measures are not regulated in this law'.
In fact, in Germany (as in Italy) children are already treated with puberty blockers and opposite-sex hormones can be administered from the age of 16. German clinics offer mastectomies, i.e. breast amputations, for underage girls. Just take a look on the Internet. And while other countries, such as Sweden, have practically stopped treating children and adolescents with puberty blockers, hormones and operations, and have made a strong commitment to psychotherapy, Germany is about to roll out the red carpet to adolescents with a law on hormones and operations, thus exposing them to the risk of irreversible physical and psychological damage.
According to the draft, parents should be able to change the name and sex of their children under the age of 14 - without any psychological examination. Again, Karlsruhe [seat of the Federal Constitutional Court, ed.] will have to ask: How is this in line with children's rights?
From the age of 14, young people should be able to make the declaration themselves at the registry office. If the guardians do not agree, 'the family court replaces the consent', reads the draft, 'if the change of sex or name is not contrary to the best interests of the child'. I are family court judges really qualified to judge this? What about parental rights in the case of such a serious decision?
And then there is the question of protected female spaces and domains. At least in this case, Justice Minister Buschmann understood that there is a problem when men can declare themselves women by a verbal act. He also understood that biology plays a role in the gender issue. That is why the draft contains several exceptions where biological sex and not civil status registration counts. For example, in sport. In school sports and sports trials, assessment can be 'adjusted independently of current gender registration'. For health services, biological sex counts. Trans women can therefore participate in prostate cancer screening, for example.
In the case of a sex offender claiming to be a woman, "the personality rights and security interests of other prisoners may, in some cases, conflict with his transfer to a women's prison," the draft reads. In some cases. Women's homes can also decide 'independently', on a case-by-case basis, whether to accept a biological male.
Changing rooms for women, showers for women, saunas for women? People cannot 'request access to sex-specific spaces, e.g. toilets or changing rooms, after a change of sex registration, simply by referring to the entry in the civil status registers,' the bill reads. This is at least an acknowledgement of the problem, but it is not a solution. Because the bill makes the basic problem - biological men wanting to go into women's toilets - a case-by-case decision and transfers it to the pool attendant, the gym, the women's shelter. And of course to the women concerned, who are initially confronted with the biological man in the shower, for example, and have to complain about it.
Whether and how the responsible personnel will react is debatable. E already the anti-discrimination commissioner Ferda Ataman vetoed the decision. When it comes to access to female protected spaces, 'outward appearance should not be a factor'. After all, it is not a man who asks for access to a protected female space, 'but a woman'. If you have such an anti-discrimination officer, you do not need any more enemies. E Women's Affairs Minister Paus has just dismissed the concerns of the women concerned as scaremongering: 'This fuels fears that have nothing to do with reality.
Instead, the bill clearly recognised a case of potential abuse and promptly put an end to it: In the 'defence case' [i.e. in the case of forced recruitment into the army, Ed], men cannot suddenly declare themselves women. They have to go to the front.
What will happen now? The bill now goes to the other ministries for so-called departmental consultation. In addition, associations can comment, even without being asked. Then the draft becomes a bill that is submitted to the Council of Ministers. If the Council of Ministers agrees, the bill goes to the Bundestag. According to Women's Affairs Minister Paus, the legislative process should be completed before the summer break on 1 July. Will this be the case?
Translation by Maria Celeste
Original article here