By a decision of 10 October 2017, delivered 8 November 2017, the German Federal Constitutional Court has ordered the legislature to end sex/gender-registration at all or (alternatively) to enable the registration of another positive designation of a gender that is not male or female.

Since 2013 German civil status legislation has been allowing to leave the sex-entry blanked, what the Constitutional Court now has found to be deficient in safe-guarding the fundamental rights of intersex-persons (human dignity, free development of personality, non-discrimination).

The legislature has time to pass new legislation until 31 December 2018.  The legislature has the opportunity to undermine the Court´s decision by not meeting this deadline and remaining inactive as the Court has ordered the suspension of all proceedings concerning a non-female-non-male entry until the legislature will have passed new legislation (without ordering consequences if the legislature misses the deadline).

The option of blanket entry the Court declared null and void with immediate effect. Until the legislature passes new legislation Germany thus returns to the restriction of just male and female sex-entries.

Press release

The decision