Decision of the First Senate of October 10, 2017 - 1 BvR 2019/16

Headnotes to the Order of the First Senate of 10 October 2017

1 BvR 2019/16

1. The general right of personality (Article 2(1) in conjunction with Article 1(1) of the Basic Law, Grundgesetz – GG) protects gender identity. It also protects the gender identity of those who cannot permanently be assigned either the male or female sex.
2. Article 3(3) first sentence GG also protects persons who do not perma-nently identify as male or female against discrimination on the basis of sex.
3. Both of these fundamental rights of persons who do not permanently identify as male or female are violated if civil status law requires that one sex be registered but does not allow for a further positive catego-ry other than male or female.