The claim

There should be a fine if you address a trans person with their old name.

Our conclusion

A lawsuit is already possible, the only new thing is that it is classified as an administrative offense, and such “deadnaming” must be done intentionally or negligently.

Some people may simply not realize that transgender exists. That is their right to freedom of expression, but as it is with this freedom: it ends where it restricts the freedoms of others, in this case the right to self-determination. A draft law on the Self-Determination Act now stipulates that a fine is due if you deliberately (!) address a trans person with the wrong gender designation - which a former FDP politician greatly simplified in a tweet in order to cause outrage.

The tweet

The former FDP parliamentary group leader and state parliament vice president in North Rhine-Westphalia tweeted the following at the end of June:

“Anyone in Germany who addresses a man in women’s clothing as a man in the future runs the risk of being fined. The #traffic light calls the #self-determination law . In reality, it is a general attack on common sense, biology and freedom of expression!”

Source: Twitter ( archived )

Let's ignore the fact that he consciously avoids the gender designation "transgender" and that his argument based on common sense, outdated knowledge of biology and freedom of expression is more than shaky: What does this planned self-determination law actually say?

The planned self-determination law

A draft law has already existed since June 10, 2020, which, if it comes into force, would result in the repeal of the Transsexuals Act and the introduction of the Self-Determination Act (see HERE , PDF file). The reason: The Transsexuals Act (TSG) is over 40 years old and does not correspond to the current state of science. Individual sections have already been declared unconstitutional .

The tweet from the former FDP parliamentary group leader refers to the draft of Section 7 – Administrative Offenses:

Administrative offenses in the draft law
Administrative offenses in the draft law

“Anyone who, without being authorized to do so, intentionally or negligently uses the previously used first name or previous surname or refers to the previous gender assignment is acting in an unlawful manner. The administrative offense can be punished with a fine of up to two thousand five hundred euros.”

There is already a similar paragraph in the currently valid Transsexuals Act, namely Section 5 - Prohibition of Disclosure , according to which the old name may not be revealed or researched without the person's consent. What is new in the draft law, however, is that it is defined as an administrative offense.

This § 5 also applied despite the vague definition, for example in a case in which Sophie Vivien Kutzner was repeatedly and provocatively addressed in public by her old first name by her ex-neighbor. The court decided that if the deadnaming , a fine of up to 250,000 euros or, alternatively, imprisonment should be imposed.

Conclusion

The text of the tweet is very simplified and lacks context. Due to the currently valid transsexual law, it is now possible to be sued if you mention your old name provocatively and repeatedly. The only new thing is that it is now legally defined as an administrative offense and has a fine limit of €2,500.

Article image: pexels
Source: Correctiv

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