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European Union

German Cabinet approves ‘self-determination law’ for transgender, nonbinary people

Process to legally change name and gender on official documents would be simplified

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(Washington Blade photo by Michael K. Lavers)

The German Cabinet on Wednesday approved a “self-determination law” that would simplify the process for transgender or nonbinary people to legally change their name and gender in official documents.

The Associated Press notes trans or nonbinary adults would only have to notify a registrar office that they plan to legally change their name and gender in official documents and wait three months before they do so. German law currently requires anyone who wants to change their gender on official documents to obtain testimony from two experts who are “sufficiently familiar with the particular problems of transsexualism” and a court ruling.

The AP reported the new law would allow children who are at least 14 to legally change their name and gender with parental or guardian approval. A teenager could ask a family court to overrule their parent or guardian if they deny their request. The AP notes a parent or guardian of anyone who is under 14 can go to a registry office and seek a legal name and gender change on their behalf.

German lawmakers need to approve the proposal before it takes effect.

“Imagine that you … simply want to live your life and you don’t wish anyone anything bad, and then you’re questioned about what your sexual fantasies are, what underwear you wear and similar things,” Justice Minister Marco Buschmann told a German television, according to the AP. “Those affected have found this questioning very degrading. Now we simply want to make life a bit easier for a small group for which it has great significance.”

The Lesbian and Gay Federation of Germany, a German LGBTQ and intersex rights group known by the acronym LSVD, in a statement urged lawmakers to approve the proposal.

“The Bundestag is now responsible for correcting the discriminatory regulations and exclusions,” said LSVD. “Self-determination must be guaranteed without ifs ands or buts; this must also apply to young people. The Self-Determination Law must guarantee real sexual self-determination — without heteronomy or distrust.”

Queer Commissioner Sven Lehmann in a tweet described Wednesday as “an important day for fundamental and human rights.” Jenny Wilken of the German Society for Trans Identity and Intersexuality, an advocacy group known by the acronym DGTI, described the proposal as a “first step towards self-determination,” but criticized the three month waiting period and several other provisions.

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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European Union

European Parliament resolution backs ‘full recognition of trans women as women’

Non-binding document outlines UN Commission on the Status of Women priorities

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(Photo by nito/Bigstock)

The European Parliament on Feb. 11 adopted a transgender-inclusive resolution ahead of next month’s U.N. Commission on the Status of Women meeting.

The resolution, which details the European Union’s priorities ahead of the meeting, specifically calls for “the full recognition of trans women as women.”

“Their inclusion is essential for the effectiveness of any gender-equality and anti-violence policies; call for recognition of and equal access for trans women to protection and support services,” reads the resolution that Erin in the Morning details.

The resolution, which is non-binding, passed by a 340-141 vote margin. Sixty-eight MPs abstained.

The commission will meet in New York from March 10-21.

A sweeping executive order that President Donald Trump signed shortly after he took office for a second time on Jan. 20, 2025, said the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and dozens of other U.N. entities.

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European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

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The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”

The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.  

“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.” 

“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”

Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.

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