Subversion Subverted: Developments in German Civil Status Law on the Recognition of Intersex and Non-Binary Persons

Eva Brems, Toon Moonen and Pieter Cannoot (eds.), Protecting trans* rights in the age of gender self-determination (Intersentia, Forthcoming)

20 Pages Posted: 4 Jun 2019 Last revised: 6 Feb 2020

See all articles by Jens Theilen

Jens Theilen

Helmut-Schmidt-University Hamburg

Date Written: May 13, 2019

Abstract

Across the globe, claims for legal gender recognition of intersex and non-binary persons are increasingly being made. Such claims and the political and legal responses to them raise a multitude of questions: What are the rationales of expanding the available gender markers? Who are they open to and under which circumstances can they be made use of? How does increasing legal gender recognition for intersex and non-binary persons relate to a transformative queer politics more generally? This chapter reflects on these issues by considering changes in German civil status law over the last few years, including an analysis of the German Federal Constitutional Court’s judgment of 10 October 2017 and the legislative responses to it.

Keywords: legal gender recognition, gender binary, intersex, transgender, intersex rights, trans rights, non-binary, Dritte Option, Germany, Federal Constitutional Court, judgment of 10 October 2017

Suggested Citation

Theilen, Jens, Subversion Subverted: Developments in German Civil Status Law on the Recognition of Intersex and Non-Binary Persons (May 13, 2019). Eva Brems, Toon Moonen and Pieter Cannoot (eds.), Protecting trans* rights in the age of gender self-determination (Intersentia, Forthcoming) , Available at SSRN: https://ssrn.com/abstract=3387365

Jens Theilen (Contact Author)

Helmut-Schmidt-University Hamburg ( email )

Hostenhofweg 85
Hamburg, 22043
Germany

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