No need to legally recognize a “third sex”, says German Supreme Court

03010__bundesgerichtshof1According to a decision that the Bundesgerichtshof (BGH, the supreme instance in all civil law matters in Germany) has released last week, intersexuality is not “normal”, but a disorder. People who do not have a clear genetic identity as either “male” or “female” are not legally required to identify as “male” or “female”. However, there is no need for law-makers to adhere to, or create a legal basis for, the theory of a “third sex”. It suffices for intersex persons, when asked about their sex, to tick neither of the two boxes.

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