National Post

COUNTRY’S TOP COURT STRENGTHEN­S INTERSEX IDENTITY RIGHTS GERMANY

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BERLIN Germany’s highest court has decided that people must be allowed to be entered in official records as neither male nor female, saying in a ruling published on Wednesday t hat authoritie­s s hould create a third identity or scrap gender entries altogether.

The Federal Constituti­onal Court ruled on a case in which a plaintiff, identified by advocacy group Dritte Option only as Vanja, born in 1989, sought to have their entry in the birth register changed from “female” to “i nter/ diverse” or “diverse.”

Officials rejected the applicatio­n on the grounds that the law only allows for children to be registered as male or female, or for the gender to be left blank.

The plaintiff argued that that was a violation of their personal rights.

In a three- year legal battle, Vanja provided courts with a genetic analysis showing the plaintiff has one X chromosome but no second sex chromosome.

The supreme court found that the law protects sexual identity, which has a “key position” in how individual­s perceive themselves and are perceived by others. The government has until the end of 2018 to draw up new rules.

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