Already in the coalition agreement, the parties SPD, FDP and the Greens agree on abolishing the TSG and replacing it with a Self-Determination Law (see Link p. 95).
Key Issues Paper
The key issues paper by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the Federal Ministry of Justice lays down the fundamental key points of the Self-Determination Act.This stipulates that it should be possible to change the first name and gender entry by self-disclosure at the Standesamt (registry office). A regulation for minors is also mentioned. In addition, a blocking period of one year is set to prevent abuse.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the Federal Ministry of Justice are jointly developing a first draft of the Self-Determination Act, which will then be discussed with associations and organizations.The draft bill generally adheres to the goals previously set in the key issues paper. There are new exceptions for detention centers and in house law (e.g. for women's saunas). In addition, the ability for cis men to change their gender entry is restricted in the event of war to prevent them from avoiding a convening.
From the consultations with the associations and organizations, the federal government creates the government draft, the preliminary version of the legal text, which will later be discussed in the Bundestag (Parliament of the Federal Republic of Germany).The government draft published by the federal government is similar to the draft bill in most points. Thus the criticized exceptions for detention centers, in house law and in the event of war persist.In contrast to the waiting time of three months until the change of the first name and gender entry become valid, a desired change must now be registered with the Standesamt (registry office) three to six months in advance. After these three to six months, the declaration to change the gender entry and first name can be submitted to the Standesamt (registry office) and comes into force immediately.In addition, it is also insisted that in the event of a change to an earlier gender entry, the previously valid first name must be adopted.The last article "Inkrafttreten, Außerkrafttreten" (entry into force, going out of force) is surprising, according to which the law comes into effect as late as 01 Nov 2024.
Review by the Federal Council
Before the government draft can be discussed in the Bundestag (Parliament), it must be submitted to the Bundesrat (Federal Council) for comment.During the session, the SBGG was devoted to 16 minutes.First, the politicians Ursula Nonnemacher (Deputy of the Prime Minister of the State of Brandenburg) and Katja Meier (Saxon Minister of State of Justice and for democracy, Europe and equality), both from the party of the Greens, gave a speech in favor of the Self-Determination Law. They pointed out that self-determination of the gender entry and name were fundamental rights and that many members of the LSBTIQ+ community were victims of violence and discrimination.The subsequent poll in the plenum resulted in only the recommendations 7, 8, 11, 13, 15, 16 and 17 being supported by a majority. These recommendations mainly propose small changes, which aim to express certain parts of the law more clearly.
In the first reading in the Bundestag (Parliament), the government draft is debated for the first time together with the other parties. After that, the bill will be passed to the relevant committees, where it will be discussed further.The government speakers (FDP, SPD, Alliance 90/The Greens) spoke out in favor of the law and made clear that the TSG was unconstitutional and that discrimination against trans and intersex people must be stopped. The introduction of the SBGG was a question of respect.The AfD and the non-attached Matthias Helferich made statements such as: "obligation to lie", "mutilating gender reassignments" and a comparison of Germany with North Korea. In addition, the Self-Determination Act should not be introduced, otherwise the protection of children and teenagers would be at risk.There were also quotes from the CDU/CSU faction, such as: "Gender [is] fate", "Gender is always biologically based and cannot be freely chosen", the SBGG was an "overreaction" and being trans was a trend.MP Kathrin Vogler (The left) described the draft bill as disappointing and as a "law of missing confidence".Note: Quotes have been translated from German analogously.
Public hearing in the family committee
In addition to the meetings in the Bundestag, the Committee on Family, Seniors, Women and Youth holds a public hearing to which the parties of the Bundestag invite experts who give their assessment of the SBGG and inform about the topic.Note: The hearing has been finished, a summary will follow soon.
The second reading in the Bundestag (Parliament) discusses the results of the committees. Individual members of the Bundestag can request changes.
3rd Reading and Final Vote
At the end of the third reading, a final vote is taken on the law.
Entry into Force
If the Bundesrat (Federal Council) has no objections, the law will be published and will come into force on a specific date.Note: The date 01 Nov 2024 is derived from the government draft and could still change.