Vom Verbot zur Gleichberechtigung - Hirschfeld-Eddy-Stiftung

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be reconciled with her orientation as a lesbian. She could not enter into a registered
partnership because a precondition for determining that she was female was an operation
and the permanent inability to reproduce. The BVerfG followed this argumentation.
In a provisional order, it declared that these requirements could not be imposed until a
new legal regulation had been introduced.
Some courts have ignored the provisional order issued by the BVerfG and have suspended
all proceedings related to Section 8 TSG until a new legal regulation has been adopted.
This was declared unconstitutional by the BVerfG, which clearly stated that until a new
legal regulation is adopted, changes in first names and official registrations were possible
under the same circumstances (decision handed down on October 27, 2011, Ref. No.
1 BvR 2027/11 suspension of an impending decision by the Higher Regional Court in
Stuttgart).
10. In conclusion, two bitter pills
In matters of rights related to the official registration of personal status, the BVerfG has
been of great assistance to transsexuals (a total of nine successful court cases to date).
Unfortunately, it has yet to see itself in a position to intercede in other matters that are
also of great importance for transsexuals.
a) The application submitted by a woman-to-man transsexual for a job as a policeman
was refused by the police presidium on grounds of the necessary hormone treatments.
A suit and application for the acceptance of an appeal were unsuccessful.
Despite an extraordinary statement prepared by Manfred Bruns, the BVerfG did not accept
the constitutional complaint for deliberation and provided no grounds for this decision
(handed down on October 26, 2011, Ref. No. 2 BvR 47/09).
While the law does allow the BVerfG to refrain from providing grounds, this was, in view
of the constitutional questions posed here (Is the discrimination against the hiring of
transsexuals admissible within the context of Art. 33, paragraph 2 of the Basic Law?
Express prohibition of the disabled according to Art. 3, paragraph 3, clause 2 of the Basic
law) this was more than just disappointing.
b) The statutory health insurance funds refused to cover the costs of the epilation of a
beard in a cosmetic institute for a man-to-woman transsexual.