Protect Self-Determination Instead of Placing People Under General Suspicion
As Trans-Inter-Aktiv in Mitteldeutschland (TIAM), we are concerned about the current proposals to tighten Germany’s Self-Determination Act (SBGG).
The law came into force on 1 November 2024 and replaced the former Transsexuals Act. Its purpose is clear: to remove legal gender recognition from the judgment of third parties and strengthen theself-determination of trans, intersex and non-binary people.
This principle is now being challenged.
The federal states of Saxony, Saxony-Anhalt and Thuringia have called for additional review mechanisms to address alleged misuse of the law.The debate was largely triggered by the widely discussed case offar-right activist Marla Svenja Liebich.
Misuse should never be ignored. However, we believe it is problematic to usea small number of exceptional cases as the basis for restricting the rights of an entire community.
Particularly concerning is the proposal that authorities should identify misuse based on “objective criteria.” To date, it remains unclear what such criteria would be. Gender identity cannot be objectively measured, verified or validated by administrative authorities.
The Self-Determination Act was introduced precisely because previous systems relied on external assessments that many people experiencedas degrading and intrusive. New review mechanisms risk reintroducingthose structures through the back door.
Weare not alone in this concern. The LSVD+ Association for Queer Diversity has also warned that such proposals place trans, intersexand non-binary people under general suspicion and undermine the principle of self-determination.
Instead of restricting rights, we believe policymakers should focus on the root causes behind the few publicly known misuse cases.These cases are often linked to anti-queer hostility, transphobia and far-right provocations.
What is needed now is stronger anti-discrimination protections,sustainable funding for education and community projects, and a clear commitment to combating queerphobia and extremism.
The debate on the Self-Determination Act should not be driven by exceptional cases. It should focus on protecting the dignity, safety and rights of the people the law was created to support.
This is what we stand for at Trans-Inter-Aktiv in Mitteldeutschland.