Gender Identity Equality of Persons who Consider Themselves Neither Male nor Female

1 BvR 2019/16 (2017)

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Gender Identity Equality of Persons who Consider Themselves Neither Male nor Female

Germany Federal Constitutional Court
1 BvR 2019/16 (2017)

Facts

The German Civil Status Act required the registration of individuals’ sex in the country’s birth registry. The only available entries for sex in the registry were male or female. If a person’s sex could not be listed as male or female, the entry for sex would be left blank. A German person (plaintiff) who was assigned the female sex at birth but who permanently identified as neither male nor female filed an application asking for a third option of “inter/diverse” or “diverse” in Germany’s birth registry. The registry office rejected the person’s application based on the Civil Status Act. The person filed a complaint in Germany Federal Constitutional Court, challenging the Civil Status Act’s sex-registration provisions as unconstitutional. The person asserted that the Civil Status Act discriminated based on sex and violated the right to equal treatment guaranteed by Germany’s Basic Law.

Rule of Law

Issue

Holding and Reasoning ()

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