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Current gender identity legislation

The current law on changing first names and/or legal sex in special cases (Transsexuellengesetz- TSG) requires two psychological evaluations. The evaluator does not have to be a licensed psychotherapist, but must be a person who "has appropriate experience with the problems of transsexualism due to their education and profession" (as stated in the law, “die auf Grund ihrer Ausbildung und ihrer beruflichen Erfahrung mit den besonderen Problemen des Transsexualismus ausreichend vertraut sind”).

This evaluation must state that

the person has to "feel like he/she belongs to the other sex",

"stands under the compulsion" to live according to these notions,

and that the person's "feeling of belonging to the other sex" is unlikely to change in the future.

Following the judgement of the FCC in 2011, there has been a reversal of the requirement set out in the original 1980 law which stipulates that an individual must undergo an operation to change the appearance of external sexual characteristics "through which a clear approximation of the appearance of the opposite sex would be achieved" and which also requires the "permanent removal of the physical ability to reproduce”.

The banning of conversion therapy for "gender identity”

The "Law for the Protection from Conversion Therapy" [Gesetz zum Schutz vor Konversionsbehandlungen] criminalises any treatment of children and adolescents that "seeks to change or suppress sexual orientation or self-perceived gender identity". The law also claims that conversion therapy does not refer to "surgical interventions or hormone treatments which aim to express a person's self-perceived gender identity or to meet a person's desire for a more masculine or more feminine physical appearance." The regulation applies "to everyone", including parents, teachers and educators. In the case of social care organisations and legal guardians, criminal liability is limited to "cases of gross violation of welfare or educational obligations.”

In laymen’s terms, the legislation aims to make it a legal obligation to propagate gender identity ideology to children and young people. The legislation criminalises not only questioning this belief, but also the ability to support children to feel comfortable with their physical body and accept it as it is.  Treatments which medicalise children and adolescents, leading to chronic on-going health problems, are exempt from actual conversion therapy (e.g. Medical professionals who can “make” homosexual adolescents into heterosexuals).

A further component of this law is the establishment of state "advice centres”. We can assume that this type of "education" will also provide one-sided "advice" that supports the belief in “gender identity”. Shortly before the law was passed, women's rights activists wrote an open letter to members of parliament.

Medical interventions

In Germany there are recommendations from specialist organisations, but no actual legal age limits for medical and surgical interventions in children and adolescents diagnosed with "gender dysphoria". With permission from parents, German doctors often remove the uterus and ovaries from 14-year-old girls already. There is also evidence of genital surgery having been carried out on minors by medical professionals who believe in "gender identity" and transgender theory. The administration of highly controversial puberty blockers to children and adolescents has become common practice among medical professionals, despite responsible doctors urgently advising against the administration of puberty blockers.

Medical guidelines for adults, which are also applied by psychotherapists, take a belief-based approach. They consistently and exclusively recommend the affirmation approach. This means that they recommend adopting a belief in "gender identity" and in the idea that a person can be “born in the wrong body”.

The relevant guidelines for children and young people are currently being revised. However, it is a significant concern that their result will be similar. Insecure adolescents and their parents are almost unable to find gender-critical or gender-abolitionist doctors and psychotherapists in this country. The majority of practitioners believe in transgender theory or do not dare to publicly speak out against it.



Bundesministerium der Justiz und fur Verbraucherschutz

Bundesministerium des Innern, fur Bau und Heimat

Bundesverfassungsgericht - Beschluss vom 11.01.2011

S3-Leitlinie zur Diagnostik, Beratung und Behandlung " Geschlechtsinkongruenz, Geschlechtsdysphorie und Trans-Gesundheit", Stand 09.10.2018.