The Federal Constitutional Court of Germany has called on the country’s parliament to legally recognize intersex people.
Intersex people are people born with a mix of male and female biological traits. Some intersex people have ambiguous genitalia or internal sex organs, such as a person with both ovarian and testicular tissues.
Other intersex people have a combination of chromosomes that is different than XY (male) and XX (female), like XXY. And some people are born with what looks like totally male or totally female genitals, but their internal organs or hormones released during puberty don’t match.
The FCC, which is the biggest court in Germany, made its ruling in favor of an appeal brought earlier this year by an intersex person. The person was registered as female but chromosome analysis showed that the plaintiff was neither male nor female.
The current law on civil status discriminates against intersex people as it rules out “the registration of a gender other than ‘male’ or ‘female,’” the FCC said in a ruling on Wednesday.
“Even if this person chose the option ‘no entry’ [for gender], it would not reflect that the complainant does not see themself as a genderless person, but rather perceives themself as having a gender beyond male or female (sic),” according to the ruling.